Is Your Lawyer's
Bill Too High?
How to effectively get your lawyer's bill reduced.
How to have your lawyer's high invoice legally reduced by the assessment process. You only have 30 days to act on lawyer complaints, references, ratings.
FIRST: TALK TO YOUR LAWYER ABOUT REDUCING THE BILL
The first step is discuss the bill with your lawyer. Your lawyer or someone in your lawyer's office can tell you exactly what your lawyer did in your case and how long it took.
If you tell the lawyer why you feel the bill is too high, your lawyer may be willing to reduce the account. It is worth a try and if your request is refused, you will not be faulted by the assessment officer for trying to resolve matters amicably.
Your lawyer must provide you with a bill which shows a lump sum for fees and a breakdown of individual disbursements. Disbursements are monies that your lawyer has spent on your behalf to pay other parties who have provided services in support of your case.
If you did not receive a detailed and final invoice, contact your lawyer to request one.
NEVER TRUST ANY LAW SOCIETY
If you experience difficulties in obtaining a bill from your lawyer, the Complaints Department of your local Law Society might be able to assist you, but be careful
Do not ever trust any law society. They work for the lawyers, not for you. Meticulously document all contacts with any law society. Remember the law society is really just a glorified lawyers' union and cartel designed not to protect you from lawyers, but to protect lawyers from you.
IT IS IMPORTANT THAT YOU ACT PROMPTLY TO HAVE THE LAWYER'S ACCOUNT AND BILL ASSESSED.
Generally, you must file a complaint within 30 days of receiving the bill to get it reduced.
These deadlines start from when you received the complete bill in question. You may be required to prove when you did in fact receive it. Keep the envelope it came in (if you still have it) as it has the postal cancellation stamp.
BEWARE OF THE SOLICITOR'S LIEN
A lawyer is entitled to keep your file until you pay your account in full.
The way to avoid this problem is to demand copies of all correspondence as you go.
SECOND: CONTACT YOUR LOCAL ASSESSMENT OFFICE TO REVIEW AND ASSESS THE BILL FROM YOUR LAWYER
An Assessment Officer who reviews the bill is usually an official of the Court in your province. This replaces the term taxing a bill.
The assess process used to be called tax bill.
WHERE TO START: Contact your local court office to find out how to start and assessment review and hearing of your lawyer's accounting and invoice
The rules and forms differ from province to province, but the procedure is very simple and easy to follow. It just takes a bit of effort by you.
You probably should make an appointment to have the bill reduced or assessed as a precaution while you are negotiating with the lawyer.
Try to ascertain what the charges are for and if they seem reasonable. Do not allow this to consume too much time.
If your lawyer refuses to adjust her bill, you can seek to have the amount assessed by a Court Assessment Officer.
In Ontario if you apply for the assessment within one month of delivery of the bill from your lawyer the assessment is automatic.
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Keep written notes and proof of your requests for information and bills. There are time limits and deadlines which you must meet.
It may be wise to send a registered letter so you have solid proof of the date of your request.
Delays may weaken your position and make it appear you just are trying to get out of paying a legitimate bill. In addition, obtaining a judge's order could be costly and the judge may refuse your request for an assessment. and order you to pay some court costs.
CanLaw shows you how to effectively and productively get your lawyer's invoice or bill reduced.
If you delay longer then the month, you will be required to seek either the lawyer's consent to the assessment or a judge's order. Obtaining the judge's order may require you to retain yet another lawyer, although it is possible to represent yourself.
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