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Many people are shy about asking a lawyer how much the service will cost. Don’t
be. A lawyer should tell you – or warn you – even if you
don’t ask. It’s in everyone’s interest to have everything about the
billing process as clear as possible from the beginning.
In straightforward matters, your lawyer should be able to give you a good estimate of
how much it will cost. This is not possible when the lawyer isn’t sure how much
will be involved.
Once you decide to hire a lawyer, many times you will be asked for a “retainer” – a
sum of money to be paid up front. (The word retainer has many meanings: It can also refer
to an initial letter or document which gives the lawyer the authority to act on your
behalf.)
Traditionally, money paid as a retainer only ensured that the lawyer was acting on your
behalf. It was in addition to the rest of the bill. Nowadays, this sort of retainer is
unusual. If a lawyer wants a retainer of this type, it must be made very clear to the
client.
Your legal bill will consist of two parts: Disbursements and the lawyer’s fee.
Disbursements are actual expenses paid by the lawyer on your behalf. They include the
costs of getting certain certificates, long distance charges, photocopying charges, medical
reports and records, etc.
TO CALCULATE the lawyer’s fee portion of a bill, some lawyers have an hourly rate.
But your bill may not be an exact reflection of the number of hours multiplied by the
hourly rate. Sometimes it is more. Sometimes – believe it or not – it
is less.
Besides the numbers of hours spent on a file, many lawyers consider other factors, such
as results obtained on the client’s behalf, the difficulty of the legal issues
involved and the skills required, the amount of money involved in the matter, and the
seriousness or importance of the matter.
If you receive a lawyer’s bill that you think is too high, you can have it assessed
at the Court Office. An Assessment Officer will listen to both sides of the story and
then decide if the bill is too high. If you ask in advance about the costs, however,
this should seldom become necessary.
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