First steps

If you don’t understand some of the items on your bill or if you disagree with the amount, the first step is to talk it over with your lawyer. Go over the details and ask the lawyer to explain why a particular charge was made.

The Law Society does not set lawyers’ fees and there are no fixed rates for legal services.

The Law Society's Fee Mediation Program

If you and your lawyer are unable to resolve your disagreement, the Law Society’s Fee Mediation Program may be able to assist you. The Fee Mediation Program is a free, informal process for resolving fee disputes quickly and efficiently without having to go to court.

The Fee Mediation Program can be used to resolve a disagreement about all or part of a lawyer’s bill, regardless of the amount, provided the bill has not already been dealt with by the courts. For more information on resolving fee disagreements through the courts, see Alternatives to the Fee Mediation Program below.

You do not need a lawyer to represent you in the Fee Mediation Program and the service is offered free of charge by the Law Society.

A client or a lawyer may request a fee mediation by completing the Application for Fee Mediation (download the application in PDF or Word) and contacting the Law Society. The Law Society will then get in touch with the other party to determine whether there is a mutual interest in using the Fee Mediation Program.

If both parties agree, the Law Society will appoint a mediator from a roster of experienced and qualified mediators. The roster of mediators includes both lawyers and non-lawyers and is independent of the Law Society.

Once appointed, the mediator will contact the lawyer and client to arrange a mediation session. The form of the mediation — face-to-face discussions or telephone meetings — is up to the participants. The fee mediation is limited to three hours.

The mediator does not make a ruling on whether the lawyer’s fee is appropriate. Instead, the mediator’s role is to assist you and your lawyer to explore your respective interests and to develop options for resolving your disagreement. The goal of the Fee Mediation Program is for you and your lawyer to reach a mutually acceptable agreement.

The program is entirely voluntary and both you and your lawyer must agree to participate. Either party can withdraw from the mediation at any time.

The fee is mediated on a “without prejudice” basis. This means that anyone who agrees to participate in the Fee Mediation Program admits nothing more than a willingness to participate and any negotiations during the process cannot be used in evidence in any subsequent court proceedings.

Alternatives to the Fee Mediation Program

One alternative to the Fee Mediation Program is a fee review. Under the Legal Profession Act, lawyers and clients have the right to have a lawyer’s bill reviewed by a BC Supreme Court Registrar. A fee review is a formal process similar to a court hearing. The fee review program is administered by the BC Supreme Court and not by the Law Society. Normally, a fee review must be filed no later than three months after the bill was paid or, if unpaid, within one year after it was sent to the client. Contingency fee agreements can also be reviewed within three months after the agreement was made or terminated. These time limits apply even if you participate in the Law Society’s Fee Mediation Program.

For more information on fee reviews, see Part 8 of the Legal Profession Act, contact your nearest Supreme Court registry or visit the BC Supreme Court’s website at www.courts.gov.bc.ca.

Another alternative is to file a lawsuit in court. Both lawyers and clients have the right to sue over fee disagreements in either the BC Provincial Court (Small Claims) or the BC Supreme Court.