Complaints About Lawyers

Fee Disputes With Lawyers

Clients may find their lawyer’s bills confusing, and higher than expected. Often communication difficulties have created a misunderstanding, so clients should start by discussing their concerns with their lawyer. Asking for a full explanation of the bill and requesting the lawyer to provide a more detailed bill may resolve the problem.

Clients may wish to discuss a payment plan with their lawyers if they find themselves unable to pay the bill within the required time. Most lawyers have provisions for such arrangements.

If clients remain dissatisfied with the amount of a bill after discussing it with their lawyer, they may contact the law society in their province for assistance. Law societies generally offer various options for clients to review their lawyer’s bills.

Some law societies offer mediation services to resolve fee disputes. In this process, a neutral third party acts as a mediator between the lawyer and the client. The mediator encourages communication between the parties, helping them to consider and develop a resolution to the problem. Generally, the decisions resulting from mediation do not bind the parties. If either party remains dissatisfied, they may proceed to a formal review.

Clients begin the formal review process by contacting the appropriate office of the relevant superior court in their province. Deadlines for requesting an assessment may be short; for example, in Ontario, clients have one month from the time their lawyer sent them the bill to start the assessment process.

Most reviews have three steps. The first involves setting a date for the hearing. Clients must attend at the court office with the bill to be assessed, and pay a fee in order to get a date. The second step involves delivering to or ‘serving’ the documentation regarding the hearing on the lawyer. Generally service can be by registered mail, or delivered personally.

The third step of the process involves the hearing itself. Although procedure at the hearing is informal, clients may retain a lawyer to represent them if they wish. Each side presents their case, and both parties can ask questions and bring witnesses. At the end of the hearing, the official in charge may make a decision immediately, or may reserve judgment till a later date. The official can decide that the lawyer’s bill was fair, or too high, and if so reduce it. Factors influencing his or her decision include fee arrangements made with the lawyer, the amount of time the lawyer spent on the case, the level of expertise involved, the amount of money involved, the success or lack of success on the matter, and the amount of money already paid towards the bill.

Clients who remain unhappy with the amount of the bill after review can appeal the decision in a higher court.

Law societies in every province and territory have the responsibility of ensuring that lawyers practice law both competently and ethically. Should lawyers fall below the required standards, their law society can discipline them.

Options for Dissatisfied Clients

Dissatisfied clients should try discussing their concerns with their lawyer, since problems often arise through a lack of communication. Clients who continue to find their lawyer’s performance unsatisfactory may wish to retain a new lawyer. However, they will remain responsible for the full amount of their lawyer’s bill up to the time of dismissal.

If clients wish to retain a new lawyer after their court action has commenced, they may have to convince the judge that a good reason exists to do so, since dismissing the lawyer and hiring a new one will substantially delay the action.

Clients who believe their lawyer has acted unethically should report their concerns to the law society in their province. This generally involves filing a complaint with the law society providing details of the client’s concerns.

Most complaints involve the service a lawyer has provided to his or her client. The law society will follow up on this type of complaint by working with the lawyer and client to find a resolution. More serious cases require an investigation. If the results of the investigation suggest the lawyer has acted unethically, the matter will proceed to a hearing by a discipline committee. At discipline hearings, usually both the law society and the lawyer can present evidence and call witnesses. If the committee finds the lawyer has violated the rules of professional conduct, possible penalties include fines, reprimands, suspensions or disbarment.

Clients who believe their lawyer has acted incompetently should consider commencing an action for legal malpractice. Successful malpractice claims usually prove that a lawyer acted negligently. This requires evidence that the lawyer’s work didn’t reflect the standard of care expected of a competent lawyer for the type of matter involved. Examples include missing a limitation period or attending at court unprepared. To win compensation in a malpractice action, the client must prove that he or she suffered financial losses due to the lawyer’s negligence.

Lawyers in Canada must carry insurance to cover any errors or omissions they make while practising law. Before bringing an action, legal malpractise lawyers will want to ensure the lawyer being sued held this insurance with sufficiently high coverage at the time the malpractise occurred. Clients can then collect any compensation awarded by the court through the lawyer’s insurance company.

Natalie Fraser practised law in Whitby, Ontario for seventeen years and is now a freelance legal writer. She often writes for The Lawyers Weekly.