My lawyer charged me more than I feel is reasonable. Can I challenge their fee?
I paid a retainer up front. For her first two invoices, the lawyer provided detailed descriptions of her work and time spent. At that point there was $1,500 left in the retainer. Then (for other reasons) I stopped the engagement. The lawyer sent an invoice for the remaining amount, with no itemized description. I’m not aware of any further work she did on the file.
Aki
Ladysmith, BC
In BC, lawyers have an obligation to be fair and transparent in the fees they charge. If you have an issue with a lawyer's bill, you have options.
First, under BC's Legal Professions Act, a lawyer's bill must contain a reasonably descriptive statement of the services provided. There should be a lump-sum charge plus a detailed description of disbursements.
A good initial step is to ask your lawyer for a detailed breakdown for that last invoice. Keep the communication lines open, and if you want a discount, don’t be afraid to ask for it. Many lawyers don’t want to deal with having their fees formally reviewed, so you have more negotiation leverage than you might think.
If you’re still not happy, or if they don’t respond at all, you can try the Law Society of BC's fee mediation program. This helps lawyers and their clients resolve fee disputes quickly without going to court. The amount in dispute must be between $1,000 and $35,000. Here are the full details.
Next, under BC law you have the right to have the invoice reviewed by the court. A fee review is a formal process similar to a court hearing and is administered by the BC Supreme Court. The registrar hears evidence from both sides and makes a decision on the appropriate fee. For details, see the Law Society's website and this guide.
For more, check out this page on lawyer's fees.
David Kandestin
People's Law School