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Difference between revisions of "Lawyers' Fees: Preventing and Solving Problems"
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Lawyers' Fees: Preventing and Solving Problems (view source)
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Contingency fees depend (or are contingent) on whether you win your case. If you win, you pay your lawyer part of the money you get. If you lose, you don’t pay your lawyer any fee, but you still pay expenses, such as medical reports and court filing fees. | Contingency fees depend (or are contingent) on whether you win your case. If you win, you pay your lawyer part of the money you get. If you lose, you don’t pay your lawyer any fee, but you still pay expenses, such as medical reports and court filing fees. | ||
Contingency fees are most common in personal injury and wrongful death cases from motor vehicle accidents. In these cases, the maximum fee is one-third of the amount recovered. In other cases involving personal injury or wrongful death, the maximum is 40%. These maximums are set by [https://www.lawsociety.bc.ca/ | Contingency fees are most common in personal injury and wrongful death cases from motor vehicle accidents. In these cases, the maximum fee is one-third of the amount recovered. In other cases involving personal injury or wrongful death, the maximum is 40%. These maximums are set by [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/law-society-rules/part-8-%E2%80%93-lawyers%E2%80%99-fees/ Part 8 of the Law Society Rules]. | ||
Contingency fee agreements must be in writing. Contingency fees are not allowed in family law cases involving child custody or access. | Contingency fee agreements must be in writing. Contingency fees are not allowed in family law cases involving child custody or access. | ||
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If you have a problem with your lawyer’s bill, discuss it with the lawyer. Most lawyers want to clear up any misunderstanding over fees. If you can’t solve the problem, you have the following two choices: | If you have a problem with your lawyer’s bill, discuss it with the lawyer. Most lawyers want to clear up any misunderstanding over fees. If you can’t solve the problem, you have the following two choices: | ||
# You may be able to use the [https://www.lawsociety.bc.ca/ | # You may be able to use the [https://www.lawsociety.bc.ca/Website/media/Shared/docs/public/FeeMediation.pdf Law Society’s Fee Mediation Program] for disputes from $1,000 to $25,000. It is free. This program works only if your lawyer agrees to use it. If so, the Law Society appoints a mediator to help you reach a settlement. Since the process is voluntary, it works only if you and your lawyer can agree on a settlement. Check Script [[If You Have a Problem With Your Lawyer (Script 436)|436]], “If You Have a Problem with Your Lawyer”, for more information. And call the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. The Law Society is the organization that licenses all BC lawyers. It protects the public by setting professional standards of competence and conduct for lawyers. It monitors, evaluates, and disciplines them. | ||
# You can ask a [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/registrars_office.aspx Registrar] of the BC Supreme Court to review the bill. This costs $80. Plus you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be. | # You can ask a [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/registrars_office.aspx Registrar] of the BC Supreme Court to review the bill. This costs $80. Plus, you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be. | ||
==What if you can’t afford a lawyer?== | ==What if you can’t afford a lawyer?== | ||
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==More information== | ==More information== | ||
The [http://www.lawsociety.bc.ca/ Law Society of BC | The [http://www.lawsociety.bc.ca/ Law Society of BC page] on [https://www.lawsociety.bc.ca/working-with-lawyers/lawyers-fees/ Lawyers’ Fees] covers common billing practices, contingency fees, fee disputes, and the [https://www.lawsociety.bc.ca/Website/media/Shared/docs/public/FeeMediation.pdf Law Society Fee Mediation Program]. | ||
[updated March | [updated March 2018] | ||
'''The above was last reviewed for accuracy by Steven Gjukich and edited by John Blois.''' | '''The above was last reviewed for accuracy by Steven Gjukich and edited by John Blois.''' | ||