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  • Lawyers Cost Too Much

    I've noticed a few postings about the way lawyers charge, and the type of service they sometimes deliver (i.e. not great). I've worked in law offices for over 25 years, and believe me, what you're thinking is usually true. I've written a book that explains how lawyers work, and bill, and things you can do to save money or recognize whether they're ripping you off. Believe me, you recognizing it and stopping it or going to another lawyer is the only way to protect yourself, the Law Society lets them do whatever they want, and having your bill assessed costs you money and potentially another lawyer to represent you even at that. If you would like to check out my book, please visit The 360-Minute Hour.

  • #2
    I was wondering if you would be able to offer alittle free advice?
    I received an invoice for outstanding fees plus another request for a new retainer and haven't paid this yet to my lawyer.
    If I do pay both, can I dispute some of the expenses or is it implied that I was ok with the bill if I pay?
    Thanks

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    • #3
      This is what makes it so difficult. I would suggest first speaking to your lawyer and explaining and asking for a reduction in the bill. Possibly they'll understand, lower it and then you can pay it and the retainer and away you go. But if they don't act that way, then you'd have to have to apply to have it assessed within 30 days of receipt of the bill (go to LSUC.ca and they have info on how to assess). But this will cost you a bit just to file, and then they suggest getting a lawyer to represent you on that too, so your savings have to be over and above your costs (a built-in disincentive). If you have a lawyer's bill assessed, you'd better be prepared to shop for a new one. Usually that pretty well ends the relationship or changes it in a way that's not to your benefit; lawyers are very sensitive people.......... And if you do pay the bill and try to argue it's unfairness later, first, you'll be past the 30-day limit, and if you make that, it is true that generally once paid, it is inferred that you didn't have a problem with it. That's why they don't let lawyers sue clients for unpaid accounts while they're in the assessment process. Sorry, I'm going on and on. Bottom line, they've sort of got you by the s & c's unless you're willing to move on to another lawyer. Are there any particular expenses you feel were wrong and have an argument to support it? Hope this helps.

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      • #4
        I sent him a firm letter awhile back after receiving the invoice. My understanding was once the retainer was low he would have informed me. I also asked his secretary while he was on vacation for a invoice and never received it. Instead months later, he finally sent me a statement with a balance owing and a new retainer. I stated in the email that if I was given the balance and breakdown earlier I would have been more aware of future costs and saw how irrelavant some of the emails I sent him were. So, Im not sure now what to do?

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        • #5
          So he's not responsive to any complaints about the invoice, so that's a dead end. Unfortunately, it sounds like the problem is about his billed time, and that's tough to fight in an assessment unless it's really outrageous. Most lawyers bill a minimum of 6 minutes every time they even think about your file. So each email coming in is at least 6 minutes, and most make a separate billing for when they answer it, another 6 minute minimum plus whatever more they can say they spent on it. Hence the title of my book, The 360-Minute Hour; their hour is a lot longer than yours or mine. But they have no rules from the Law Society about billing, so they do it however they want, for as much as they think they can get away with. Proving they're adding time is really tough. Bottom line, he probably won't do anything more on your file until you pay up - he's got you. That retainer agreement was basically you promising you'd pay for his bills, whether you're satisfied with his services or not. If you're not happy with him, you can look for another lawyer, but that will cost you for the new one to get up to speed, and this one will go after you for what you owe him anyways. The new one will probably bill on the same principle too. That's the way the profession operates, and clients are basically screwed. Sorry I don't have a more satisfying answer. I can only suggest that in future, keep emails to a minimum; put all questions on one rather than separate emails (6 minutes to read a longer one, or 6 minutes each for multiple shorter ones, plus answers to them). A 20 second telephone message from you; 6 minutes billed. Ask for copies of all correspondence in and out, and check each against your invoices to see how much each one cost you. Check if he's using a junior or associate to work on your file, and if they're each charging for their time to do the work, check it over, talk about it, etc. This costs people a fortune, those associates that are supposed to save clients money. One lawyer tried to charge me .7, that's 42 minutes, for a fairly short answer to one of my emails, and almost $500 for a total of 4 fairly short emails sent and answered, where the end result was that he never even answered my question. And this was a fool who knew I'd written the book about lawyers and how they operate! I told him I wasn't going to pay him, and didn't. But he couldn't argue that he never answered the question, so he ate it. I doubt your lawyer would do the same as the circumstances are different. But all this is allowed by the Law Society! You could still assess the invoice, even though it's more than 30 days, it's just a little tougher to get it in, but again, he won't be wanting to act for you while that's going on. So right now you have to either pay him and stay with him, or look around for another lawyer and assess his bill, but you'll still end up having to pay him for the work he's done. There's good reason why there's all those mean lawyer jokes out there; many lawyers deserve them.

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