Cost consequences must be made clear to client

Z & Assoc v. Aslan, 2011 ONCA 756 is an assessment case reminding us that clients must be made aware of potential cost consequences and the failure to so remind can be problematic:

[1]              This is a second appeal from the decision of the assessment officer.  He reduced the solicitors' fees by virtue of their failure to make the costs consequences of the tactics being insisted upon by the client, clear to the client.  It is agreed that the failure to adequately advise the client of the costs consequences can properly be factored into the assessment decision.  Counsel for the solicitors submit, however, that the assessment officer's finding is unreasonable and contrary to all of the evidence.

[2]              The motion judge rejected this submission and so do we.  No doubt, the steps taken by counsel would in many cases be sufficient, however, the specific circumstances of this case, and in particular this client, were found by the assessment officer to require extra efforts to make the harsh realities of the costs consequences clear to the client.  The assessment officer found that the consequences were not made clear to this client.  That finding was not unreasonable.