How do I Complain about my Lawyer’s Bill that is Too High?

Dealing with a lawyer’s bill that you find to be too high can be a stressful situation, but there are avenues available to address this concern. If you believe that the legal fees charged by your lawyer is disproportionate to the services provided or that you were overcharged for legal fees, it’s advisable to take the following steps:

1. Direct Communication with Your Lawyer about the Lawyer’s fees. The first step should involve initiating an open and respectful conversation with your lawyer about your concerns regarding the lawyer’s bill. This dialogue might help clarify any misunderstandings or provide insights into the lawyer’s billing breakdown. In many cases, lawyers are willing to discuss their fees and accounts and possibly make adjustments if a genuine issue is raised.
2. Review of the Lawyer’s Bill by an Assessment Officer. If communicating with your lawyer about the lawyer’s legal fees and bill doesn’t lead to a satisfactory resolution, you have the option to pursue a formal review of the lawyer’s bill through an Assessment Officer in Ontario. This process falls under the framework of the Solicitors Act in Ontario. An Assessment Officer is an impartial individual appointed to review and determine the reasonableness of the legal fees charged by lawyers. Following the assessment of the lawyer’s bill, the lawyer’s bill may be reduced, resulting in monies being refunded to you. To initiate this process, it’s essential to adhere to a specific timeline. In Ontario, you generally need to commence the assessment procedure within one month from the date of delivery of the final bill from your lawyer.
3. Missed Deadline and Judicial Permission. Should you miss the initial one-month deadline for assessment of the lawyer’s bill, you might still have the opportunity to seek an assessment of the lawyer’s bill, albeit with an additional step. You would need to file a motion requesting permission from a Judge to proceed with the assessment of the lawyer’s bill despite the missed timeline and would need to show ‘special circumstances’. What may constitute “special circumstances” in the context of a motion for assessment of a lawyer’s accounts cannot be exhaustively pronounced.  

The Court of Appeal in Enterprise described the test of special circumstances as follows: “The meaning of the phrase has been interpreted to include any circumstances of an exceptional nature affecting the matter of costs or the liability of a solicitor’s client which a judge, in the exercise of judicial discretion in each particular case, may consider to justify a taxation.  Some factors to consider are the explanation for the delay, length of delay, how long the client waited to bring motion, reasonableness of the fees, size of the accounts, evidence of dissatisfaction. 

For the lawyer’s accounts that are unpaid, the standard a client will need to show to have their lawyer’s bills assessed is less than special circumstances. There is a gap in the legislation regarding unpaid accounts. The Court has relied upon its inherent jurisdiction to order assessments and the test is less rigorous than establishing special circumstances. Little is required for the Court to exercise its jurisdiction in this regard. 

4. Law Society of Ontario. It’s important to note that the Law Society of Ontario generally does not involve itself in fee disputes between lawyers and clients, nor does it possess the authority to reduce a lawyer’s bill. Their primary focus is on regulating the legal profession and ensuring ethical conduct among lawyers.

In conclusion, if you feel that your  lawyer’s bill is too high you have a number of options available to you.  Directly talking with your lawyer about the lawyer’s bill is the first step, followed by seeking an assessment of the lawyer’s bill through the Assessment Officer process if necessary. Being aware of timelines and potential scenarios involving missed deadlines or seeking judicial permission is vital. Remember that the Law Society of Ontario is not responsible for mediating fee disputes. 

If you have any questions about your lawyer’s bill, want to have it reviewed 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.