Everything You Need To Know About Lawyer Billing
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Warning: Your Limitation Period Expires 30 Days from the Date of the Last Bill
Questions about Eligibility
You might consider challenging your legal bill if you suspect that the fees are excessive relative to the service provided, if the bill includes unclear charges, or if the results do not justify the costs billed.
Under Ontario law, lawyers cannot over-charge clients. However, some lawyers do…a lot.
Fortunately, the law grants clients 30 days from the date of their bill to have it assessed (audited) by the court to determine if the bill is fair or if should be reduced. Through this assessment process, some clients receive a refund/reduction of their bill. Some clients receive a very large refund/reduction of their bill. Some clients receive no refund/reduction.
Either way, all clients have the right to have their legal bills examined by a court officer (called an Assessment Officer), and this is binding on the lawyer.
In Ontario, the Solicitors Act, provides a comprehensive process for reviewing and assessing the reasonableness of lawyers’ accounts in Assessment Court and the Law Society of Ontario’s Rules of Professional Conduct, that govern lawyers, establishes ethical standards for lawyers, including billing
You may be entitled to a refund or reduction of your legal bill if you can prove any one or more
of the following facts:
- Your lawyer spent an excessive amount of time on your case or documents
- Your case was not that complex for the amount you were charged
- Your lawyer did not exercise a high degree of responsibility in your case
- Your lawyer charged an excessive amount compared to the monetary value of your case
- Your case did not demand extraordinary legal work
- Your case did not require a high level of legal competence or skill
- The results achieved by your lawyer in your case did not justify the amount you were charged
- Your lawyer knew you could not afford the amount you were charged
- Your lawyer did not provide you with an advance estimate of the amount you would be charged and you could not have expected that bill
Source: Ontario Court of Appeal in the 1985 case of Cohen v. Kealey
Common reasons why Assessment Officers reduce bills from lawyers and order refunds to
clients are:
- Your lawyer and law clerks overlapped legal work and over-billed you
- Your lawyer repeated the same work on different days
- Your lawyer charged for tasks not requested by you
- Your lawyer charged you for tasks not required
- Your lawyer did not follow your instructions
- Your lawyer charged for administrative tasks that could have been done at a lower fee by
others (eg. photocopying, scheduling, filing documents, legal research, invoicing, etc.) - Your lawyer did not communicate the status of the case to you
- Your lawyer did not communicate the cost of a step in the case to you
- Your lawyer did not keep accurate time dockets
- Your lawyer did not provide you with sufficient description of the legal work done
- Your lawyer did not regularly bill you
- Your lawyer caused charges to accumulate without your knowledge
You can still challenge a bill that has been paid. The Assessment Office can order a refund if it
determines that the bill was excessive. However, your limitation period expires 30 days from the
date of the last bill.
If you miss the 30-day deadline, you may lose the opportunity to challenge your bill unless you
can demonstrate special circumstances that justify an extension. It is crucial to contact an
assessment advocate as soon as you receive your bill.
“Public confidence in the administration of justice requires the court to intervene where necessary to protect the client’s right to a fair procedure for the assessment of a solicitor’s bill.” Ontario Court of Appeal in Price v. Sonsini (2002)
“If the courts permit lawyers to avoid the scrutiny of their accounts for fairness and reasonableness, the administration of justice will be brought into disrepute.” The Law of Costs: by Mark M. Orkin
“When a client pays an account, he or she is presumed to have accepted the account as proper and reasonable. This creates a rebuttable presumption that the account is reasonable.” Master Pope in Davisville Bridge & Road Works Limited v. Kramer Simann Dhillon LLP (2015)
“While it is in the interests of the administration that lawyers should facilitate and be willing to expose their accounts to assessment, where the client requires leave of the court for a referral to an assessment officer, the court will not order an assessment unless it is satisfied that it is an appropriate case because there are special circumstances or because pursuant to the court’s inherent circumstances there is justification for the court to make the referral.” Justice Perell in Erez v. Greenspan Partners (2023)
Questions about Benmor Assessment Advocates
We specialize in the assessment of legal bills through the Assessment Office of the Ontario Superior Court of Justice. Our focus is on ensuring that clients are charged fairly for legal services they have received.
We start by reviewing all relevant documents, including your legal bill, the retainer agreement, and any correspondence related to your case. We then develop a strategy tailored to argue effectively for a reduction in your fees based on detailed analysis and precedent.
Menu of Mr. Benmor’s services & block fees (before HST)
1. Bill Review & Strategy Session by Zoom (<20 minutes)
Mr. Benmor will hear your concerns regarding over-charges, read your Retainer Agreement,
review your bills, assess the stage of your case, measure the outcomes achieved versus the
amount you were billed and provide you with a recommendation for an Assessment of your bills.
$250
2. Court Order for the Bills to be Assessed
Mr. Benmor will obtain a Court Order for the Assessment of your bills (ample advance time
required before expiry of 30 day deadline)
$500
3. Your Pre-Assessment Hearing
Mr. Benmor will coach you for your Pre-Assessment Hearing
$500 (<30 minutes)
4. Your Pre-Assessment Document Brief
Mr. Benmor will prepare your Document Brief for your Pre-Assessment Hearing
$1,000 + depending on the case (<4+ hours)
5. Legal Representation at your Pre-Assessment Hearing
Mr. Benmor will attend for you at your Pre-Assessment Hearing and attempt to negotiate a bill reduction or refund
$1,000 (1-2 hours)
6. Application for extension of Assessment
Mr. Benmor will prepare, issue and serve upon your lawyer an Application to extend the 30 day deadline to obtain a Court Order for the Assessment of your bills
$2,500 + depending on the case (<2+ hours)
7. Mr. Benmor will attend for you at your Assessment Hearing
Mr. Benmor will attend for you at your Assessment Hearing and cross-examine your lawyer and their staff and marshal your evidence to attempt to obtain an order for a reduction of your bill or refund
$3,000 per day (preparation time excluded)
WARNING: YOUR LIMITATION PERIOD EXPIRES 30 DAYS FROM THE DATE OF THE LAST BILL
- Signed Retainer Agreement
- All past bills rendered
- Proof of all past payments
- All written communications regarding the cost of legal services, charges and bills
- Pleadings
- All reporting letters
- Proof of the results of your case including any Endorsements, Court Orders, Minutes of Settlement, agreements and reporting letters
Please email a Google link or a PDF beginning with a Table of Contents and these documents attached to it.
Currently, our services are focused on the Ontario legal system, particularly in interactions with the Assessment Office of the Ontario Superior Court of Justice.
You can begin by scheduling a consultation with us through our website or by contacting our office directly. During the consultation, we will discuss your case and explain how we can assist you.
Questions about Assessment Court
Outcomes can range from a full reduction of the contested charges to a modest reduction, or no reduction at all. The Assessment Officer will determine whether the legal fees are justified based on the evidence presented.
There is no punitive risk in requesting an assessment; however, it is possible that the Assessment Officer may find the fees reasonable and uphold the bill as is. Additionally, if the lawyer succeeds in defending the bill, you might be ordered to pay the lawyer’s costs for defending the bill.
An Assessment Officer is a court-appointed official responsible for reviewing and determining the fairness of legal fees. They have the authority to adjust bills, issue refunds, and make rulings on costs associated with the assessment process.
The duration of the assessment process can vary depending on the complexity of the case and the court’s schedule. Typically, it ranges from a few weeks to several months from the initiation to the resolution.
Yes, assessments can be requested for any legal services provided by a lawyer in Ontario. This includes services related to family law, corporate law, criminal defense, and more.
Steve Benmor B.Sc., LL.B., LL.M. C.S., has successfully represented clients, lawyers, law firms, and even himself, in Ontario’s Assessment Court for the last 30 years. Mr. Benmor has developed a specialized expertise in Assessment law. That is why he established Benmor Assessment Advocates PC, known as BAA.
BAA provides its clients with expert legal advice, planning, advocacy and representation in the Assessment Court of the Superior Court of Justice throughout the Province of Ontario.
If you believe you were over-charged by your lawyer, you only have 30 days from the date of your bill to get help.
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