The Yukon Law Society is fighting an order that would force one of its lawyers to work for free, saying it infringes on their independence.

Last May territorial court Judge Heino Lilles refused to allow defence lawyer Jennie Cunningham to withdraw from a sexual assault case after she discovered her client did not qualify for legal aid.

Lilles said justice could not be delayed in such a serious case over a "simple matter of fees."

Cunningham appealed the ruling to the Yukon Supreme Court, but Justice Leigh Gower sided with Lilles, saying lawyers can quit a case for many reasons but lack of payment is not one of them.

Now the case is headed to the Yukon's Court of Appeal.

Law Society director John Phelps told CBC News in a recent interview that an independent bar is the cornerstone of the justice system.

He said financial arrangements between lawyers and their clients should be of no concern to the judge.

"The Law Society's primary concern is that the solicitor/client privilege be absolute, that people have faith when they go and talk to a lawyer that everything is confidential and that extends to the financial circumstances of the individual."

The Court of Appeal is expected to hear the case in the spring.