Yes, clients have the right to challenge the reasonableness of their lawyer's fees, charges and disbursements.
If you believe your lawyer's bill is excessive, contains unreasonable charges, does not accurately reflect the services provided, or legal services were not performed according to your instructions, you may be entitled to have the bill reviewed by a Registrar of the Supreme Court of British Columbia.
A Registrar conducting a fee review consider various factors listed in s. 71 of the Legal Profession Act, including,
- (a) the complexity, difficulty or novelty of the issues involved,
- (b) the skill, specialized knowledge and responsibility required of the lawyer,
- (c) the lawyer's character and standing in the profession,
- (d) the amount involved,
- (e) the time reasonably spent,
- (f) if there has been an agreement that sets a fee rate that is based on an amount per unit of time spent by the lawyer, whether the rate was reasonable,
- (g) the importance of the matter to the client whose bill is being reviewed, and
- (h) the result obtained.
Note that the discretion of the registrar is not limited by the terms of an agreement between the lawyer and the client.If the Registrar determines that the fees charged were unreasonable by applying the factors set out in s. 71 of the Legal Profession Act, then the bill may be reduced and a refund may be ordered where appropriate.
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