Demanding Payment Before Matter Concluded
In contingency fee agreements:
- your lawyer or limited licensee is paid part of any financial award or settlement you receive; and
- if no money is recovered, the lawyer or limited licensee generally collects no fee for the time spent on your case.
If you want to change your lawyer or limited licensee:
- the agreement cannot prevent you from changing before the conclusion of the matter; and
- the terms of the agreement should outline how the lawyer or limited licensee should be compensated.
However, clients are usually responsible for disbursements, regardless of outcome.  Disbursement fees are expenses paid for by your lawyer or limited licensee on your behalf such as:
- land titles fees;
- court filing fees;
- courier charges;
- photocopying costs; or
- fees paid for expert reports from people such as doctors, psychologists or engineers.
It is common for lawyers or limited licensees to ask clients for the money for a disbursement in advance.
If you have a contingency agreement and the lawyer or limited licensee is demanding payment of anything except disbursements, submit a complaint.
Common Questions
If you disagree with the terms of the agreement, you may apply to the Court of King’s Bench to challenge the reasonableness of the contingency fee agreement as set out in section 64 of The Legal Profession Act, 1990.  You may wish to seek legal advice. If a decision of the court calls into question the conduct of the lawyer or limited licensee, please submit a complaint to the Law Society.
To find legal assistance, see the Finding Legal Assistance page on the Law Society website.