They know how the system works... do you?
The answer below is based on material in the Auto Accident Survivor's Guide for BC. A more complete discussion of this topic is in the book. See Table of Contents and Book Index for topics covered in the book.
How can I avoid being over-billed by my lawyer?
The best way to avoid being over-billed is to sign a sound legal contract that protects your interests. What you’ll be charged in legal fees should be clearly outlined in this.
Once your case resolves, if you don’t feel the legal fees you’ve been charged are fair, you’ll have the right to take your lawyer to court to dispute this. The courts have been open to reducing contingency percentages that are too high given the amount of legal work done.
You can challenge your lawyer’s bill before the Court Registrar. (This is known as ‘taxing’ a lawyer’s bill.) You may want another lawyer to represent you in this. While most legal fees are reduced to some degree, unless the reduction amounts to at least 1/6th of your lawyer’s bill, you’ll be responsible for paying all costs and disbursements relative to this action, including your lawyer’s expenses in defending his fee.
You can apply for (free) fee mediation through the Law Society of BC. Your lawyer will have to agree to participate in this. While mediation isn’t binding on either party, the process may help you reach a compromise with your lawyer.
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