What are some Common Reasons Why a Lawyers Bill may be Reduced at an Assessment Hearing under the Solicitors Act In Ontario

In a recent blog article on assessment hearing and reviews of a lawyer’s account we outlined  Factors considered at an Assessment Hearing.

Keeping in mind the 9 factors considered by an assessment officer at an assessment hearing of a lawyer’s account, below are common reasons that I have found in my practice, why a lawyer’s bill may be reduced at an assessment hearing. 

1. Duplication. Too many lawyer’s billing for overlapping legal work. This is often the case when there are many lawyers working on the file. While it may be beneficial at times to have more than one lawyer work on a file, having more than one lawyer constantly reviewing the same documents or attending the same meetings, may not be of value to the client or time profitably spent;                                      
2. Lawyers charging for Non-Billable Time;                   
3. The Lawyer failing to keep accurate time records of the time spent and provide descriptions of the legal work completed;                                  
4. Lawyer’s charging for administrative tasks such as booking appointments or invoicing or copying. These fees may be reduced by the Assessment Officer reviewing the Lawyer’s bill; 
5. The Lawyer failing to follow a Client’s instructions may result in a reduction of the lawyer’s bill at the assessment; 
6. The lack of regular billings by the lawyer detailing the hours spent and the fees accumulating for the legal services being performed.  It is the Lawyer’s responsibility to keep the the client informed about the ongoing legal fees and to provide regular updates; 
7. Poor communication. The Lawyer failing to keep the client informed and updated about the status of the ligation and provide fee estimates prior to  the major steps in the litigation.

We can help if you are concerned that your lawyer’s bill may be too high or that you were overcharged for legal fees by your lawyer. Please complete the form below to set up a consultation with Assessment Lawyer, Karen Zvulony.