Disagree About Whether Contingency Fee Agreement
If you disagree with your lawyer or limited licensee about whether there is a contingency fee agreement for your matter, there are several questions to ask:
- Did you sign a written agreement? If you have a contingency fee agreement with your lawyer or limited licensee, it has to be in writing and signed by you. If there is no written agreement that you signed, then there is no valid contingency agreement. See Rule 1902 of the Law Society of Saskatchewan Rules for more information.
- Are the services related to a child custody or access matter, or a family law dispute? Lawyers or limited licensees cannot enter into contingency fee agreement for a child custody or access matter, or a family law dispute, unless it is approved by the court. See Rule 1903 of the Law Society of Saskatchewan Rules for more information.
If you believe you have signed a contingency fee agreement and have received a bill, determine if the bill is for disbursement fees. Disbursement fees are expenses paid for by your lawyer or limited licensee on your behalf. Examples include:
- land titles fees,
- court filing fees,
- courier charges,
- photocopying costs or
- fees paid for expert reports from people such as doctors, psychologists or engineers. The lawyer or limited licensee may ask you to pay these costs before it is incurred, especially in relation to more costly expenses, such as expert reports.
If you signed a contingency fee agreement and the lawyer or limited licensee is not abiding by it, submit a complaint.
Common Questions
If you did not sign a contingency fee agreement, then you are likely responsible for the fees charged on an hourly or fixed rate. See the Bill Too High pathway for more information.