Challenging and Reviewing your Lawyer's Bill under the Solicitors Act in Ontario: Your Rights and Options

Hiring a lawyer is a significant decision, and while we expect reasonable and fair legal fees, fee disputes with your lawyer can arise. Faced with unreasonable legal fees, clients may feel intimidated, powerless and unsure what to do. If you find yourself dissatisfied with your lawyer’s bill , you have options to dispute and review your lawyer’s fees under the Solicitors Act in Ontario. This article will guide you through the process and help you understand your rights as a client to dispute your lawyer’s fees and have your lawyer’s bill reviewed by an assessment office in Ontario.

Understanding the Solicitors Act in Ontario

The Solicitors Act is a provincial legislation in Ontario that governs the relationship between lawyers and their clients. It provides a framework for billing, fee arrangements, and mechanisms to resolve disputes related to legal fees and a lawyer’s bill.

Assessing the Reasonableness of a Lawyer’s Bill under the Solicitors Act

The Solicitors Act  gives clients the right to have their lawyer’s legal fees assessed and reviewed by a court-appointed assessment officer, who will review the bill and make a determination if they are fair and reasonable. 

Initiating the Assessment Process

Generally, to begin the assessment process to dispute your lawyer’s bill, provided certain pre-conditions are met, a client must requisition for assessment within one month of delivery of the Lawyer’s final bill. If more than one month has passed since the delivery of the Lawyer’s final account for legal fees, an assessment under the Solicitors Act may still be possible but court intervention may be necessary. 

The Assessment Hearing

After requisitioning for an assessment of your lawyer’s fees under the Solicitors Act, the assessment office will schedule a preliminary appointment to discuss any preliminary issues and to schedule an Assessment Hearing. During the assessment hearing, both you and your lawyer will have the opportunity to present arguments and evidence to support your respective positions and cross-examine each other. The onus is always on the lawyer to prove and justify their legal fees. Although not required, Clients often choose to have  a lawyer represent them at an assessment hearing. 

Factors Considered at an Assessment Hearing

The assessment officer will review the bill an consider various factors, including credibility, the lawyer’s skill and competence, the complexity of the case, the time spent, the degree of responsibility assumed by the lawyer, the monetary value of the matters at issue, the importance of the matter to the client, the client’s ability to pay, the client’s expectations as to the amount of the fee,  and the results achieved. 

Possible Outcomes at an Assessment Hearing

Following the assessment hearing, the assessment officer may decide to reduce or confirm the amount of the lawyer’s bill. If you disagree with the Assessment Officer’s decision, you have the option to file a motion to Oppose Confirmation of the Report and Certificate of Assessment. This must be done within 15 days of the Certificate of Assessment being filed. 

Disputing a lawyer’s bill under the Solicitors Act in Ontario allows clients to ensure they are being charged fairly and reasonably for legal services provided. If you find yourself in a situation where you believe your lawyer’s bill and fees are too high or unreasonable, remember that you have the right to request an assessment under the Solicitors Act. Consulting with an experienced lawyer well versed in legal fee disputes will provide you with the guidance and support you need to navigate the assesment process effectively.