Only - We (a group of SRLs) do not agree with our lawyer's billing. The lawyer sent us this email: "By this email I am
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Customer: This is for Debra only - We (a group of SRLs) do not agree with our lawyer's billing. The lawyer sent us this email: "By this email I am giving you notice that the fees set out in the attached invoices will be paid from trust unless, within the next 30 days, you commence a fee review under section 70 of the Legal Profession Act, or you commence an action disputing my fees, and provide notice to me of same."I did file a complaint with the law society have yet to hear back.Which of the 2 options ought we to file: a fee review or an action?Thank you
Answered by Debra in 1 hour 2 years ago
Debra
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Debra
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Debra, Expert
Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.
Debra, Expert
I am sorry but can you please remind me of your province?
Customer
British Columbia, Canada
Debra, Expert
Here is the information you should read:
If you go through this page you will know what to do.
Does that help?
Customer
Thank you. It states that the lawyer may bring in "experts" (@ $500- $800/ half day)which would go to costs in the event we are not successful in having the bill reduced by one sixth of the total amount. Is this correct?
This lawyer stated he "likes to argue" as his reason for wanting to become a lawyer (after his first career as a NYC Investment Banker). I fear tricks up his sleeve. I gather a review hearing is equivalent to small claims court in BC?
This lawyer stated he "likes to argue" as his reason for wanting to become a lawyer (after his first career as a NYC Investment Banker). I fear tricks up his sleeve. I gather a review hearing is equivalent to small claims court in BC?
Debra, Expert
Yes that is no true about the costs.
It is not quite the same as small claims court but this process had decision makers that are true experts in the area as opposed to Small Claims Court.
Customer
Sorry - to clarify: It is true about the costs of experts etc would be added to the costs of the hearing to the losing party?Further on the costs to be applied, I went to the Appendix B from this: "Counsel fees- under Appendix B of the Rules of Court a successful party is entitled to claim items 1A, 17.1, 17.2. and 31. The average dollar cost could range from $400 to $750 for a half day hearing to $800 to $1500 for a full day hearing."however I found 1A is "Interpretations" and there is only #17, not 17.1 or 17.2.I will assume the reviewing officer will provide the scale for the fees and the Certificate for Fees (form 68A) would be prepared at a later date for issuance to the reviewing officer for them to sign - is this correct?Lastly, would I prepare evidence and affidavit binders to give to the court and opposing party on the day of /at the beginning of the hearing - or a number of days (how many?) beforehand, as I would for an Application Hearing?Thank you.
Customer
Disregard the "Interpretations" under 1A. I reread.
Debra, Expert
It is true that you may get stuck with the expert's costs but in your case why would there be experts? Your case is about him doing work that he was not authorized to do. So that doesn't merit any experts.
The reviewing officer will decide how many hours he can charge for and the hourly rate he can charge.
Normally you would prepare all this documentation and then serve it well ahead of time and then file it. But if this is going on during the pandemic I cannot be sure how they want to proceed and you will need to call and ask. There is no face to face hearings right now.
Customer
Thank you, ***** ***** tried to call the Court House twice - "higher than normal call volume" and then a hangup. Given that I may not be able to secure a date on the Appointment form, how do I go about filing and informing the opposing lawyer of this before May 4th 2020 as he has stipulated that I must do?Regarding the documentation:1) Would I prepare it in the same format as an Application? ie. would I attach my evidence to an Affidavit, and put this in behind the Appointment form?2) Would I then file these documents (as above) first and then serve it to him?Thank you.
Customer
Regarding the first part of my question: I got through to the Court House after a 51 min wait - the limitation periods have also been suspended until May 29th 2020. I attached the document from BCSC - part 6.
Debra, Expert
You would do your documents the same way.
You serve them and then file them with proof of service at the courthouse.
Customer
Thank you, ***** ***** helpful.
Debra, Expert
You are very welcome.
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