A lawyer employed on a contingency fee commission basis resigned to join a competing firm.
The employer law firm terminated him immediately and sought a declaration that he was not entitled to compensation for unbilled work in progress (WIP) or files settled but not yet collected.
The motion judge found the lawyer was entitled to compensation for both.
On appeal, the Court of Appeal held that while the lawyer was entitled to his share of fees for files settled prior to his departure, the employment contract did not provide for compensation for WIP on files that remained at the firm and were settled after his departure.
The Court also upheld the finding that the lawyer did not breach his duty of good faith by merely planning his departure.
