What Happens at an Assessment Hearing When Disputing a Lawyer's Fees?

If someone is dissatisfied with the legal fees charged by their lawyer, they may have the right to dispute the lawyer’s fees under the Solicitors Act by requesting an assessment. The article below outlines what happens after a client obtains an order for assessment under the Solicitors Act to dispute the lawyer’s legal fees.

Generally, after a client or lawyer obtains an Order for Assessment in the Greater Toronto Area (GTA) and in the Province of Ontario, the Assessment Office will schedule a date for a preliminary appointment. During the preliminary appointment, the parties will appear before an assessment officer and deal with any preliminary issues.  This will typically include matters such as determining the amount of fees in dispute and number of bills, if the  bills are paid, if there are any jurisdictional issues, whether the lawyer’s retainer is disputed, if there are any prospects for settlement, production requests, and the time necessary for a hearing. 

At the preliminary appointment, the Assessment Officer will set a date for the hearing or for another preliminary appointment if the matter is complex or further directions appear necessary. In some cases parties may be referred to mediation. 

At a hearing, the lawyer that is having their bills/fees assessed must give evidence in order to prove what work was done and the value of that work. The onus is always on the lawyer whose fees are being challenged to prove their account. Although not required, it is often advisable for the client to give evidence at the hearing. After hearing the evidence, the Assessment Officer will render their decision on what the lawyer’s accounts should be assessed at. This can result in money being returned to the client.