Disagree with Amount Charged
The Law Society does not get involved in matters involving the amount of a legal bill except in the most exceptional circumstances. There must be a clear and extensive over-billing or prohibited fee arrangement. The Law Society does not have the authority or jurisdiction to:
- review the accounts of a lawyer or limited licensee to determine if they are appropriate; or
- order a lawyer or limited licensee to reduce the amount or review whether the amount is justified.
In a contingency fee agreement:
- a lawyer or limited licensee is paid for services if the client is successful in their legal action. The fee depends on the outcome of the case.
- the fee is generally calculated as a percentage of the value of the award or settlement received by the client.
- the terms of the agreement must be reasonable and set out in a written agreement signed by both the lawyer or limited licensee and the client.
- you will have to pay for disbursements even if you lose your case.
- you may have to pay costs to the successful party. Having a contingency agreement does not protect you from having to pay costs.
If you disagree with the fee, we suggest you discuss this with the lawyer or limited licensee. Click “Discuss with Lawyer or Limited Licensee” below to see more about this option, what to do next, and a sample letter you can use.
If you are unable to come to an agreement with your lawyer or limited licensee, you may apply to the Court of King’s Bench to challenge the reasonableness of the contingency fee agreement. See section 64 of The Legal Profession Act, 1990 for more information. You may wish to seek legal advice to challenge the agreement.
Common Questions
To find legal assistance, see the Finding Legal Assistance page on the Law Society website.
In determining the appropriate percentage or other basis of a contingency agreement, a lawyer or limited licensee and client should consider several factors including:
- The likelihood of success.
- The nature and complexity of the claim. For example, you may have a straightforward case that the lawyer or limited licensee thinks you are likely to settle early in the proceeding. In this case, the percentage may be lower. On the other hand, if your case is complex and the lawyer or limited licensee is taking on a lot of risk because you might lose, the lawyer or limited licensee may set the percentage of the contingency fee higher.
- The expense and risk of pursuing it.
- The amount of the expected recovery.
- Who is to receive an award of costs.
The test is whether the fee, in all circumstances, is fair and reasonable. See section 3.6-2, commentary [1] of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
Lawyers or limited licensees who use a contingency fee agreement with a client must make sure the agreement is fair, and the fees are reasonable, for the situation at the time the agreement is made.
The agreement should:
- Say that you can ask the court to decide if the agreement is fair and reasonable
- Clearly explain when and how you will pay for disbursements
The agreement should not:
- Try to remove the lawyer or limited licensee’s responsibility for mistakes (negligence)
- Require the lawyer or limited licensee’s permission for you to drop, stop, or settle the case
- Stop you from changing lawyers or limited licensees before the case is finished
Disbursement fees are costs your lawyer or limited licensee pays for you. These can include:
- Land titles fees
- Court filing fees
- Courier charges
- Photocopying costs
- Fees for expert reports (from doctors, psychologists, engineers, etc.)
Lawyers or limited licensees often ask clients to give money upfront to cover these costs, especially for expensive items like expert reports.
You must pay disbursements even if you lose your case.
Costs are the money that a court or tribunal may order the person who loses the case to pay to the person who wins the case. Costs can also be included as part of a settlement.