Fee Disputes With Lawyers

Author: Natalie Fraser for The Lawyers Weekly

Discussing Concerns

Clients may find their lawyer's bills confusing, and higher than expected. Often communication difficulties have created a misunderstanding, so clients should start by discussing their concerns with their Canadian lawyer. Asking for a full explanation of the bill and requesting the lawyer to provide a more detailed bill may resolve the problem.

Clients may wish to discuss a payment plan with their lawyers if they find themselves unable to pay the bill within the required time. Most Canadian lawyers have provisions for such arrangements.

Formally Reviewing Bills With Your Canadian Lawyer

If clients remain dissatisfied with the amount of a bill after discussing it with their Canadian lawyer, they may contact the law society in their province for assistance. Law societies in Canada generally offer various options for clients to review their lawyer's bills.

Some law societies in Canada offer mediation services to resolve fee disputes. In this process, a neutral third party acts as a mediator between the Canadian lawyer and the client. The mediator encourages communication between the parties, helping them to consider and develop a resolution to the problem. Generally, the decisions resulting from mediation do not bind the parties. If either party remains dissatisfied, they may proceed to a formal review.

Clients in Canada begin the formal review process by contacting the appropriate office of the relevant superior court in their province. Deadlines for requesting an assessment may be short; for example, in Ontario, clients have one month from the time their lawyer sent them the bill to start the assessment process.

In Canada, most reviews have three steps. The first involves setting a date for the hearing. Clients must attend at the court office with the bill to be assessed, and pay a fee in order to get a date. The second step involves delivering to or 'serving' the documentation regarding the hearing on the lawyer. Generally service can be by registered mail, or delivered personally.

The third step of the process involves the hearing itself. Although procedure at the hearing is informal, clients may retain a Canadian lawyer to represent them if they wish. Each side presents their case, and both parties can ask questions and bring witnesses. At the end of the hearing, the official in charge may make a decision immediately, or may reserve judgment till a later date. The official can decide that the Canadian lawyer's bill was fair, or too high, and if so reduce it. Factors influencing his or her decision include fee arrangements made with the lawyer, the amount of time the lawyer spent on the case, the level of expertise involved, the amount of money involved, the success or lack of success on the matter, and the amount of money already paid towards the bill.

In Canada, clients who remain unhappy with the amount of the bill after review can appeal the decision in a higher court.

Natalie Fraser practised law in Whitby, Ontario for seventeen years and is now a freelance legal writer. She often writes for The Lawyers Weekly.