Are Your Civil Litigation Fees Too High?
Most lawyers and law firms will charge an hourly rate for their services that’s based on their level of skills, experience, and expertise. When being charged, it’s important to make sure that you are paying your lawyers for hours that they actually worked and not being charged for more than that.
It’s important that civil litigation fees be charged at a fair and reasonable rate for the work that the lawyer performs for a client.
As a client, you have a right to know how much you’re being charged for different services and how the hourly work you pay for is reasonable for the services you’ve received.
If you feel like you may have been overcharged for a civil litigation issue, you may stand to get some compensation. Our professional team can assess the services you or your business received for your fees and whether or not these charges were fair and reasonable.
If we determine that you have been overcharged, you may stand to gain compensation.
The Law of Costs in Civil Litigation Expenses
The law is designed to be fair and to ensure that people are represented fairly in order to bring about justice. The law of costs is a principle that is meant to uphold the integrity of officials and the legal system by ensuring that costs surrounding legal representation should be monitored and maintained at a fair cost for services. The major way this is done is through fixed pricing.
This means that legal services have a relatively fixed fee. Now, this can vary widely, depending on the length of the case, the experience of the litigator, the amount of time they have to commit to your case, and various other factors. However, the fees charged need to be tracked by the lawyer and must reflect fair and reasonable fees according to the services that the client receives.
One of the aspects of this law states that costs are to be fair and reasonable even if this is not the adequate to cover the costs to the litigant. Depending on the circumstances of the case and the services you receive in your civil litigation, you are not responsible for paying the amount it cost the litigant, but what is fair and reasonable for the services you received.
If you think you may have been overcharged on legal fees, you should get a consultation or assessment by a professional team.
When You Can Request An Assessment
It’s important to understand when you are eligible to request an assessment of legal costs so that you do so properly and are able to get the compensation you deserve. Under the Solicitors Act, there are two main ways a client can request an assessment of legal costs from their litigant.
Section 3 of the Solicitors Act is able to request both delivery and assessment of a solicitor’s bill if it hasn’t be submitted or for a bill that has been delivered within the past month.
You need to be sure to consult a team of legal professionals when you are trying to make the best decision about moving forward with an assessment like this. Our team at Legal Bills Ontario can help!
There can be special circumstances where you can still gain compensation after this period, but it needs to be approved by a judge or court under Section 4 of the Solicitors Act.
These special circumstances are up to the discretion of the court. If you think there may be special circumstances that pertain to your case, contact a professional team that can assess your case. They’re your best resource for understanding the potential claim you have.
Understanding Contingency Fees
Under section 28.1(3) of the Solicitors Act, solicitors are not allowed to enter into a contingency fee agreement if the solicitor is being retained for either a family law matter or a proceeding under the Canadian Criminal Code. However, this is not the case for civil litigation unless one of those applies to your case.
For cases that involve civil litigation, you may be responsible for contingency fees and these agreements may hold up. It’s still a good idea to consult a professional about this rule applies to your case and whether or not it will help you regain compensation for your overages.
Evidence is the Solicitor’s Responsibility
After an assessment has started, the evidence is brought forth in a similar style as that of a trial. It is presented under oath and evaluated on its merit. Lawyers that were involved in providing services need to attend proceedings and will provide evidence to the court and judge. The client is not responsible for testifying.
Providing and presenting evidence is instead the responsibility of the lawyer that provided the services and received the fees. They must provide records of the services they provided, how many hours they worked, and the rates for the various services. They must prove to the court that their services were both fair and reasonable in the eyes of the court and judge.
Factors Influencing the Assessment
The decision is made based on a range of different factors, including the level of skill and experience the litigator has, the amount of time committed, and the duration of your services.
Free Review and Consultation for Civil Litigation Fees
If you think you might have been overcharged for your civil litigation fees, you should seek support from professionals. At Legal Bills Ontario, we offer customized, professional, and helpful support for individuals and companies that have been overcharged on legal fees. We offer assessments to ensure that they were charged reasonable prices for the services they’ve received.
We offer a free review and consultation by a senior civil litigation lawyer so that we can determine if what you were charged is fair for the services you’ve received!