Factors Considered at an Assessment of a Lawyer's Fees under the Solicitors Act

By Toronto Assessment Lawyer, Karen Zvulony

The Following Information is provided as General information only and not meant to be legal advice.

Over the years, several factors have been established as the framework for assessing a lawyer’s fees and accounts under the Solicitors Act. While all these factors should generally be taken into account in every case, their relative importance may vary in specific instances. No single consideration holds greater importance than the others.  An assessment officer is entitled to assign to these factors the weight that is deemed appropriate. 

Together with the credibility of witnesses, the factors typically considered by an Assessment Officer at the assessment of a lawyer’s bills are those outlined in the the Court of Appeal decision in Cohen v. Kealey & Blaney and are commonly referred to as the Cohen Factors. They are (in no particular order of importance): 

  • the time expended by the solicitor;

  • the legal complexity of the matters dealt with;

  • the degree of responsibility assumed by the solicitor;

  • the monetary value of the matters in issue;

  • the importance of the matters to the client;

  • the degree of skill and competence demonstrated by the solicitor;

  • the results achieved; 

  • the client’s expectation as to the amount of the fee; and 

  • the ability of the client to pay.

Thorough and Personalized Legal Advice Regarding the Legal Fees Charged by your Lawyer

Know your legal rights under the Solicitors Act to dispute a Lawyer’s Legal Fees

If you have questions about the fees charged by a lawyer and think you have been overcharged for legal fees, feel free to complete the form below or contact KZP Law at 416 827 8713 or [email protected] to set up a consultation with our Toronto Assessment Lawyer, Karen Zvulony. Karen Zvulony offers a special rate of $199.00 for the first 45 minutes of consultation. During the Consultation, the Assessment Lawyer can advise you regarding your rights under the Solicitors Act, including:

  • The timeline and process for starting an Assessment to dispute your lawyer’s fees
  • The factors considered by the Courts in assessment hearings arising from fee disputes regarding a lawyer’s bill
  • What to expect at an Assessment Hearing
  • What is a preliminary appointment before the assessment Officer and how best to prepare
  • Motions or Applications arising from fee disputes
  • Jurisdiction issues regarding the legal fees charged by the lawyer
  • Preliminary review and advice regarding the reasonableness of the lawyer’s fees and accounts
  • Review the lawyer’s retainer agreement
  • Your rights under the Solicitors Act to ask for an assessment of the Lawyer’s bill
  • Answering any questions you may have

REQUEST A CONSULTATION

For legal advice from an experienced Assessment Lawyer complete the form below for a consultation and we will contact you shortly to set up a consultation. Karen Zvulony offers a special rate of $199 for the first 45 minutes of consultation.