What if your lawyer’s bill is too high?

Legal fees are very expensive. As a lawyer I know that is because of significant overhead and the significant amount of time even simple matters take. That said, if you feel your lawyer’s bill is too high you do have the option of having it reviewed by a judicial officer by assessment.

This is a process whereby an Assessment Officer of the Ontario Superior Court of Justice reviews your lawyer's bill.

You have 30 days from the time your lawyer sent you the bill to go to the Assessment Office to start the assessment process. If you are later than 30 days, you may still be able to assess the lawyer’s account but only if you get permission of a judge. Getting that permission is fairly complicated so it is best to move quickly to assess so as to avoid the need to get permission.

There are three steps in the assessment process. First, you need to get a date for the assessment, second you have to send your lawyer the notice of the appointment with the date for the assessment and finally you have to attend the hearing.

To obtain a Notice of Appointment, go to the Assessment Office with the original copy of your lawyer's bill plus four extra copies. The Assessment Office will be in the Superior Court building nearest to where your lawyer has an office. After you give the counter clerk $75 the clerk at the counter will give you an appointment for a hearing. You must make sure that your lawyer gets a copy of the Notice of Appointment and you have to prove the lawyer got it. If you go to your lawyer’s office and leave a copy for your lawyer you should ask someone in the office to sign and date the documents you keep so that you can prove that you delivered them. If no one will sign your copies of the documents, you will have to prepare an affidavit of service proving your gave your lawyer a copy of the notice of assessment. Most Assessment Offices have blank copies of an affidavit of service you can fill in.

The assessment hearing itself is a trial. Most people represent themselves at the hearing so the Assessment Officer will be used to people acting without a lawyer. It is up to the lawyer at the hearing to prove that his or her bills are fair and reasonable. You can question the lawyer and you will have an opportuninity to say, under oath or affirmation, why you think the account is too high.

In deciding whether the account is too high the Assessment Officer with consider many things including:

the time spent by the lawyer;

the legal complexity of the matters to be dealt with;

the degree of responsibility assumed by the lawyer;

the monetary value of the matters in issue;

the importance of the matter to you;

the degree of skill and competence demonstrated by the lawyer;

the results achieved;

your ability to pay; and

your expectation as to the amount of the fee.

Usually the decision is given on the spot just after the assessment hearing.