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{{Dial-A-Law TOC|expanded = lawyers}}
==Do you fear fees?Understand the legal framework==You may approach a lawyer's office like you approach a dentist's office—thinking it's going to be painful—not in your mouth, but in your pocketbook. You don't know how much it’s going to cost, and you're afraid to ask. All you know is it could cost a lot.
====1. Fixed fees=Most lawyers charge by the hour===Fixed fees are most common for routine work like wills and real estate. Some Most lawyers also use fixed charge fees for uncontested divorces and routine criminal cases, like impaired driving, theft, and assaultbased on an '''hourly rate'''. You pay the The amount the can vary from lawyer to lawyer quotes you, regardless of how much time . Hourly rates usually reflect the lawyer spends on the case's skill and experience — senior lawyers charge more per hour than lawyers who are just starting out in practice.
====3. Contingency Fixed fees=are commonly used for specific transactions===Contingency '''Fixed fees depend ''' are commonly used for specific transactions such as purchasing a home or incorporating a business. The fee is fixed at a specific amount (or are contingenta “flat rate”) on whether you win your case. If you win, you pay your lawyer part regardless of how much time the money you lawyer spends to get. If you lose, you don’t pay your lawyer any fee, but you still pay expenses, such as medical reports and court filing feesthe work done.
===Contingency fee agreements must be in writing. fees depend on the result of the case==='''Contingency fees ''' depend (or are not allowed “contingent”) on whether the client wins their case. If the client wins, the lawyer gets part of the money awarded. If the client loses, they don’t pay the lawyer any fee (but the client still pays '''expenses''', such as the costs to file documents in family law cases involving child custody court or accesspay for expert reports).
====4. Lump-sum feesMaximum amounts====Sometimes In personal injury cases involving a motor vehicle accident, the first three types '''maximum contingency fee''' is one-third of fees may not workthe amount recovered. In that case, you and the lawyer can try to agree on a lump sum that fairly reflects the time spent and all the other factors. If you can’t agreecases involving personal injury or wrongful death, you will have to ask a Registrar of the Supreme Court or maximum is 40%. These maximums are set in the [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/ Law Society for help (see details below)Rules].
==What is ==Arriving at a retainer?contingency fee====A retainer is money you pay to your lawyer as a deposit at At the start of your case. The lawyer keeps this money in a trust account , you and uses it for fees and expenses. The your lawyer bills you periodically and takes agree on the amount of the fee as a percentage of what you owe from the retainerwin. The lawyer may bill you monthlypercentage might depend on your chance of success, or at the end of each stage amount of your claim, and whether your case goes to trial or settles before trial. The percentage is typically lower if your casesettles early, or at before the end of lawyer has done much trial preparation. The percentage is higher if your casegoes to trial. When the retainer falls below a certain level, Your agreement with the lawyer asks you will typically have different percentages for more moneydifferent outcomes.
Ask the lawyer: *How they charge — a flat rate, by the hour, or a percentage of what you win? *Be reasonable. Try How much is their '''retainer'''? (A retainer is the amount to agree on pay before the minor things that aren't worth fighting aboutlawyer starts work. Save your time and money for ) *How they will bill you: monthly or at the important things.end?
==What if =Ask the lawyer to keep you can’t solve a fee problem with your lawyer?updated===If Ask the lawyer how they will tell you have a problem about the progress of your matter. Keep your own file with your lawyer’s billcopies of all letters and emails, discuss it with the lawyeras well as any court or other documents. Most lawyers Make notes of things you want to clear bring up any misunderstanding over feesat your next meeting. If you can’t solve the problem, you have the following two choices:
==What if you can’t afford a lawyer?=Be reasonable — and have realistic expectations===You may be able If you are in a dispute or a court matter, try to get legal aid, which is run by agree on the Legal Services Society (LSS)minor things that aren't worth fighting about. It depends on Save your legal problem time and other details. The LSS website lists [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.php legal aid locations]. Or phone the province-wide Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (toll free elsewhere in BC).The Provincial Call Centre is open money for the following hours: Mondays, Tuesdays, Thursdays, and Fridays from 9:00 am to 3:00 pm, and Wednesdays from 9:00 am to 2:30 pmimportant things.
{| class="wikitable"|align="left"|'''Tip'''If you are in Provincial Court, judges rarely award the successful party any amount to cover litigation expenses.|} ==Deal with any problems== ===Step 1. Discuss your concerns with the lawyer=== 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. Ask your lawyer what services were performed, and why. Clarify how the lawyer's fee was calculated: was it based on an hourly rate or calculated on some other basis? If you are confused about the disbursements charged, ask what they are for, and why they were necessary. Once you have a good understanding of the bill, explore possible solutions. You may be able to talk about ways to reduce your bill or agree on a payment plan. ===Step 2. Try mediation=More information==If you can’t solve the problem directly with the lawyer, you may be able to use the '''Law Society Fee Mediation Program'''. This is a free, informal service to help lawyers and clients resolve fee disputes quickly without having to go to court. It can be used where the amount in dispute is between $1,000 and $25,000. The Law Society, the organization that licenses all BC lawyers, offers the mediation program as part of its commitment to protect the public. The program works only if your lawyer agrees to use it. If so, the Law Society appoints a private '''mediator''' to help you reach a settlement. The mediation can occur in person or at a distance. You do not need a lawyer to represent you. For more information or to apply for fee mediation, visit [httphttps://www.lawsociety.bc.ca/ complaints-lawyer-discipline-and-public-hearings/complaints/complaints-about-lawyers-fees/ lawsociety.bc.ca], or call the Law Society of at 604-669-2533 in the Lower Mainland and 1-800-903-5300 elsewhere in BC page. ===Step 3. Ask the court to review your lawyer’s bill===If you are unable to resolve a dispute regarding fees by discussing it with your lawyer or through mediation, you can ask the court to '''review''' your lawyer’s bill to ensure the fees are reasonable. Under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-1998-c-9/latest/sbc-1998-c-9.html#sec70_smooth Legal Profession Act] on '', lawyers and clients have the right to have a lawyer’s bill reviewed by a BC Supreme Court registrar. This is a legally trained court officer. The court’s website at [https://www.lawsocietycourts.gov.bc.ca/working-with-supreme_court/practice_and_procedure/registrars_office.aspx courts.gov.bc.ca] includes a package to make an “appointment” for a review hearing. There is an $80 filing fee. (Note that if you lose the review, you may also have to pay your lawyer’s costs.) You don’t need your lawyer’s agreement to use this process. There is no limit to the dollar value of the dispute. You have '''one year''' from the date of the lawyer’s bill to apply to the court — if you have not already paid the bill. 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 story. Then the registrar decides whether to reduce the bill or leave it unchanged. ===Step 4. Bring a lawsuit=== Clients and lawyershave the right to sue over fee disagreements. If the amount in dispute is under $5,000, the lawsuit would be brought in the [https://civilresolutionbc.ca Civil Resolution Tribunal]. If the dispute is over $5,000 and less than $35,000, the lawsuit would be brought in [[Suing Someone in Small Claims Court (Script 166)|Small Claims Court]]. A claim for over $35,000 can be brought in the [https://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court]. ==Common questions== ===Is there tax on lawyers’ fees?===Yes, you have to pay Goods and Services Tax (GST) plus provincial sales tax (PST) on lawyers-' fees and on most expenses. ===How exactly does a retainer work?===A '''retainer''' is money you pay to your lawyer as a deposit at the start of your legal matter. The lawyer keeps this money in a trust account and uses it for fees and expenses. The lawyer bills you periodically and takes the amount you owe from the retainer. The lawyer may bill you monthly, or at the end of each stage of your legal matter, or at the end when everything is resolved. When the retainer falls below a certain level, the lawyer may ask you for more money to “top up” the retainer. ===What are disbursements?==='''Disbursements''' are expenses your lawyer pays for you. You have to pay your lawyer for those expenses. They include costs of photocopies, long distance telephone calls, postage, couriers, experts, medical reports, and court filings. Disbursements can often add up — ask your lawyer to estimate how much they will be. ==Get help== ===With more information===The '''Law Society of BC''' website includes information on lawyers’ fees/ Lawyers’ Fees] covers , including common billing practices, contingency fees, fee disputes, and the Law Society Fee Mediation Program.:Web: [https://www.lawsociety.bc.ca/Websiteworking-with-lawyers/medialawyers-fees/Shared/docs/public/FeeMediationlawsociety.bc.pdf Law Society Fee Mediation Programca].
[updated March 2018]
'''The above was last reviewed for legal accuracy by [https://www.gilchristlaw.com/team/ Steven Gjukich and edited by John Blois], Gilchrist & Company.'''
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