Fee Disputes with Lawyers in Ontario
How Can I Have My Lawyer’s Bill reviewed?

What happens if your lawyer’s bill is too high or you simply want to ensure that the legal fees charged by your lawyer are fair and reasonable? Is there a way to have your lawyer’s bill reviewed? 

The first step, although not required, should usually be to attempt to speak to the lawyer about their fees and the lawyer’s bill. If you are unable to resolve the fee dispute after speaking with your lawyer, the next option would be to request an assessment of the lawyer’s bill under the Solicitors Act in Ontario. 

The Solicitors Act contains strict timelines for a Client to seek review of a lawyer’s bill by requisition. Generally speaking, the Client must requisition for assessment within one month from the date of delivery of the lawyer’s final bill. Review of the lawyer’s bill after more than one month has passed since delivery of the lawyer’s final bill is still possible, but court intervention may be required. This is why it is important not to miss the one month deadline, even if you are in the process of trying to resolve the fee dispute with the lawyer. 

At the assessment hearing, the Assessment Officer in Ontario will generally consider the following 9 factors in determining if the lawyer’s bill is fair and reasonable (in no particular order of importance): 

1. The time expended by the lawyer;
2. The legal complexity of the matters dealt with;
3. The degree of responsibility assumed by the lawyer;
4. The monetary value of the matters in issue;
5. The importance of the matters to the client;
6. The degree of skill and competence demonstrated by the lawyer; 
7. The results achieved;  
8. The client’s expectation as to the amount of the lawyer’s fee; and
9. The ability of the client to pay the lawyer’s fees.

The onus at an assessment hearing is always on the Lawyer to prove their account. 

The Solicitors Act is meant to be a consumer protection legislation providing necessary transparency and accountability in the legal profession ensuring that clients are not overcharged for legal fees. 

If you have any questions about your lawyer’s bill or the assessment process in Ontario, please reach out to our Assessment Lawyer, Karen Zvulony who regularly deals with all aspects of fee disputes and assessments of lawyer’s bills in Ontario.