How do retainers work?

[Pisces]

How do retainers work? Do lawyers bill from the total retainer as they work and you get back the difference at the end if you don't use the full number of hours?

[dinkyface]

That's right.
Insist on an itemized invoice for all billings, even though you have prepaid via the retainer. And check it against your own records.
Keep your own copies of all correspondence and docs filed in court.
And, be forewarned it is almost unheard of that you will get what you need done with that initial payment.

[Kinso]

Good advice from dinkyface, keep your own records.

Your initial payment is basically a payment on advance of fees. Lawyer's want to sign clients and so asking for the entire amount your matter might cost up front is often impractical.

[OrleansLawyer]

How do retainers work?

Read the retainer - it will say exactly how it works in the document.

Do lawyers bill from the total retainer as they work and you get back the difference at the end if you don't use the full number of hours?

In family law, lawyers bill by the hour. So you will receive an invoice that will have all of the work complete. Example:

FEES
February 1 - 0.5 hours meet with client
February 3 - 0.3 hours send letter to opposing counsel
February 4 - 0.1 hours e-mail from client
February 4 - 0.1 hours e-mail from client
February 4 - 0.3 hours call from client
February 9 - 3.2 hours attend emergency motion
February 10 - 0.8 hours send letter to opposing counsel

DISBURSEMENTS
$167 Application for Divorce
$21 continuing record package
$50 LAWPRO transaction levy
$175 process server
$25 filing fee
$200 photocopies

TOTAL
$XXXX

The total is then taken from your retainer deposit, which then either leaves you with a positive balance (which you can get back) or an amount owing.

If you are dissatisfied with the invoice, contact your lawyer. If that doesn't help (or the answers leave you dissatisfied), you can have your bill assessed. However, if a bill is assessed and you still owe it, the lawyer can seek costs against you for their time during the assessment.
For costs against a person seeking assessment of their lawyer's fees, see - CanLII - 2016 ONSC 847 (CanLII)

[mom4everthere]

Assessment of Costs: Filing Deadlines!

If you are dissatisfied with the invoice, contact your lawyer. If that doesn't help (or the answers leave you dissatisfied), you can have your bill assessed. However, if a bill is assessed and you still owe it, the lawyer can seek costs against you for their time during the assessment.
For costs against a person seeking assessment of their lawyer's fees, see - CanLII - 2016 ONSC 847 (CanLII)

Yes, ask to discuss the bill with your lawyer first!!!

Yes, if that goes nowhere, consider having the bill assessed:
https://www.lawhelpontario.org/lawsu...bill-reviewed/
and
https://c.ymcdn.com/sites/www.ccla-a...A-_ENGLISH.pdf

Don't be intimidated with the Forms! And, remember that you will go before an Assessment Officer, not a judge...unless you file late...
IMPORTANT to be mindful of the 30 day deadline to file, else you will end up like this person in http://www.canlii.org/en/on/onsc/doc...16onsc847.html#. If I understand it properly, he made an Application many many months after receiving the bill(s) and therefore had to go before a Judge to convince the Court that special circumstances existed. The Judge was not satisfied that special or exceptional circumstances existed and awarded the lawyer Respondent some cost.

[trinton]

avoid phone calls and emails unless they are absolutely necessary, they will ring up your bill quite high - lawyers will generally reduce bills and hand out courtesy discounts, their bills are supposed to be reasonable.