Contingent Fee Agreements

Contingent Fee

Agreements

Changes to Regulation of Contingent Fee Agreements in New Brunswick

The Law Society of New Brunswick is soliciting responses from members of the public on the recommendations of a report on the regulation of contingent fee agreements (CFA’s) in New Brunswick. The Law Society will be separately inviting responses from the Judiciary, Government, CBA and other legal and public stakeholders.

The Interim Report of the Ad Hoc Committee on Contingent Fee Agreements can be found at the following link: Preliminary Report - Contingent Fee Agreements

For your information, the Committee is comprised of Darren Blois (chair); Philippe Eddie, Q.C.; David O’Brien, Q.C.; Mark Canty, Q.C.; Shirley MacLean, Q.C.; Justin Robichaud; and John Jarvie. The late Richard Scott, Q.C., was also appointed to the Committee and contributed immeasurably with written reports and suggestions, but sadly did not participate in its deliberations.

The major recommendations of the Report include:

  • increasing the cap on fees from 25% to 33% of the amount recovered;
  • a clearer and easier-to-read standard form CFA, with the addition of a “Know Your Rights” document to be given to clients;
  • a streamlined process for reviewing and approving non-conforming CFA’s.

If you wish to provide input to the Committee for consideration before the Final Report is prepared, you are invited to send a written representation to the following address no later than March 15, 2021:

Ad Hoc Committee on Contingent Fee Agreements
Law Society of New Brunswick
68 Avonlea Court
Fredericton, NB  E3C 1N8
Email: mrichard@lsbnb.ca

For further information, please contact:

Darren Blois
Chair
Ad Hoc Committee on Contingent Fee Agreements
darren.blois@murco.nb.ca
506-856-8560

or

Marc L. Richard, Q.C.
Executive Director
Law Society of New Brunswick
mrichard@lsbnb.ca
506-451-1454