If You Have a Problem with a Lawyer - Revision history

Elena Renderos at 04:10, 30 October 2020

2020-10-30T04:10:14Z

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	{{REVIEWEDPLS \| reviewer = [https://www.gilchristlaw.com/team/ Steven Gjukich], Gilchrist & Company\|date= March 2018}} {{Dial-A-Law TOC\|expanded = help}}		{{REVIEWEDPLS \| reviewer = [https://www.gilchristlaw.com/team/ Steven Gjukich], Gilchrist & Company\|date= March 2018}} {{Dial-A-Law TOC\|expanded = help}}
	If you have concerns about a lawyer, you can ~~'''~~make a complaint~~'''~~ to the BC Law Society. Learn how to make a complaint and what to expect from the process.		If you have concerns about a lawyer, you can make a complaint to the BC Law Society. Learn how to make a complaint and what to expect from the process.

	==~~Understand your legal rights~~==		==What you should know==

	===You can complain about a lawyer’s conduct===		===You can complain about a lawyer’s conduct===
	The '''Law Society of BC''' regulates lawyers in British Columbia. Under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-1998-c-9/latest/sbc-1998-c-9.html#sec3_smooth Legal Profession Act]'', its duty is to protect the public interest. It does this by making sure lawyers:		The '''Law Society of BC''' regulates lawyers in British Columbia. Under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-1998-c-9/latest/sbc-1998-c-9.html#sec3_smooth Legal Profession Act]'', its duty is to protect the public interest. It does this by making sure lawyers:
	*are licensed and insured to practice law
	*meet standards of competence to help clients with their legal issues		* are licensed and insured to practice law
	*follow [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ rules of conduct set by the Law Society] about how to behave professionally		* meet standards of competence to help clients with their legal issues
			* follow [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ rules of conduct set by the Law Society] about how to behave professionally

	The Law Society also protects the public interest by responding to '''complaints''' about lawyers.		The Law Society also protects the public interest by responding to '''complaints''' about lawyers.

	The Law Society is not able to help with every type of complaint. They usually deal with complaints about a lawyer who didn't do their job properly or behaved unprofessionally. The Law Society cannot (for example) control what a lawyer does in your case or change the decision of a court.		The Law Society is not able to help with every type of complaint. They usually deal with complaints about a lawyer who didn't do their job properly or behaved unprofessionally. The Law Society cannot (for example) control what a lawyer does in your case or change the decision of a court.

	If the Law Society investigates and finds conduct that was concerning or improper, they can order the lawyer to take remedial steps, fine the lawyer, or suspend them from practising law. The Law Society cannot pay you money or order a lawyer to pay you money.		If the Law Society investigates and finds conduct that was concerning or improper, they can order the lawyer to take remedial steps, fine the lawyer, or suspend them from practising law. The Law Society cannot pay you money or order a lawyer to pay you money.

	We explain the steps in making a complaint shortly.		We explain the steps in making a complaint shortly.

	===If you have a problem with your lawyer’s bill===		===If you have a problem with your lawyer’s bill===
	The Law Society of BC does not regulate lawyers' fees. If you have a disagreement with your lawyer over the amount of their fees, filing a complaint with the Law Society will not resolve that dispute. There are other steps you can take, however. You can try a free '''mediation program''' offered by the Law Society to help you and your lawyer reach a settlement. Or you can ask the court to '''review''' your lawyer’s bill to ensure the fees are reasonable. We explain these options in our information on [[Lawyers' Fees ~~(No. 438)~~\|~~lawyers'~~ fees ~~(no. 438)~~]].		The Law Society of BC does not regulate lawyers' fees. If you have a disagreement with your lawyer over the amount of their fees, filing a complaint with the Law Society will not resolve that dispute. There are other steps you can take, however. You can try a free '''mediation program''' offered by the Law Society to help you and your lawyer reach a settlement. Or you can ask the court to '''review''' your lawyer’s bill to ensure the fees are reasonable. We explain these options in our information on [[Lawyers' Fees\|lawyers’ fees]].

	==~~Deal with~~ the problem==		==Work out the problem==

	===Step 1. Discuss the problem with your lawyer===		===Step 1. Discuss the problem with your lawyer===
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	===Step 2. Make a complaint to the Law Society of BC===		===Step 2. Make a complaint to the Law Society of BC===
	If talking with your lawyer doesn’t solve the problem, or you are concerned about the conduct of a lawyer acting for someone else, you can '''make a complaint''' to the Law Society of BC.		If talking with your lawyer doesn’t solve the problem, or you are concerned about the conduct of a lawyer acting for someone else, you can '''make a complaint''' to the Law Society of BC.

	You can submit your complaint [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/how-to-file-a-complaint/ online at lawsociety.bc.ca], or print off a complaint form and mail, fax or email it to the Law Society. There is no fee to make a complaint.		You can submit your complaint [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/how-to-file-a-complaint/ online at lawsociety.bc.ca], or print off a complaint form and mail, fax or email it to the Law Society. There is no fee to make a complaint.

	In your complaint, describe your connection with the lawyer. Give a brief description of the problem and provide copies of any relevant documents.		In your complaint, describe your connection with the lawyer. Give a brief description of the problem and provide copies of any relevant documents.

	====The complaint is assessed====		====The complaint is assessed====
	The Law Society first '''assesses''' whether to investigate the complaint. For example, they look at whether they have the authority to do something, and whether the information provided is substantial enough.		The Law Society first '''assesses''' whether to investigate the complaint. For example, they look at whether they have the authority to do something, and whether the information provided is substantial enough.

	If the Law Society '''investigates''', the lawyer may be required to provide a response to the concerns, or the lawyer’s file may be reviewed. The Law Society may conduct interviews.		If the Law Society '''investigates''', the lawyer may be required to provide a response to the concerns, or the lawyer’s file may be reviewed. The Law Society may conduct interviews.
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	====The result of an investigation====		====The result of an investigation====
	After investigating, the Law Society can:		After investigating, the Law Society can:
	*'''close''' the complaint, if they find it is not supported or serious enough,
	*if there are concerns about the lawyer’s competency, refer the lawyer to a standards committee for '''remedial measures''' to improve their practice, or		* '''close''' the complaint, if they find it is not supported or serious enough,
	*if there are concerns the lawyer broke rules, refer the lawyer to a '''discipline committee'''.		* if there are concerns about the lawyer’s competency, refer the lawyer to a standards committee for '''remedial measures''' to improve their practice, or
			* if there are concerns the lawyer broke rules, refer the lawyer to a '''discipline committee'''.

	If the complaint is referred to a discipline committee, they will consider the complaint. They can send the lawyer a warning (called a “conduct letter”), hold a “conduct meeting” or “conduct review” to discuss the lawyer’s conduct, or issue a '''citation'''. A citation is issued in serious cases, and results in a '''public hearing'''. A citation may result in the lawyer being fined, suspended or '''disbarred''' (meaning the lawyer cannot work as a lawyer).		If the complaint is referred to a discipline committee, they will consider the complaint. They can send the lawyer a warning (called a “conduct letter”), hold a “conduct meeting” or “conduct review” to discuss the lawyer’s conduct, or issue a '''citation'''. A citation is issued in serious cases, and results in a '''public hearing'''. A citation may result in the lawyer being fined, suspended or '''disbarred''' (meaning the lawyer cannot work as a lawyer).
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	====Unfair process====		====Unfair process====
	If you feel the Law Society's process was unfair, you can contact the '''Office of the Ombudsperson''', an independent body that handles complaints about provincial public authorities. Visit [https://bcombudsperson.ca bcombudsperson.ca].		If you feel the Law Society's process was unfair, you can contact the '''Office of the Ombudsperson''', an independent body that handles complaints about provincial public authorities. Visit [https://bcombudsperson.ca/ bcombudsperson.ca].

	==~~Get~~ help==		==Who can help==

	===With more information===		===With more information===
	The '''Law Society of BC''' provides information on making a complaint about a lawyer.		The '''Law Society of BC''' provides information on making a complaint about a lawyer.
	~~:Telephone:~~ 604-669-2533 in the Lower Mainland
	~~:Toll-free:~~ 1-800-903-5300		* Call 604-669-2533 in the Lower Mainland
	~~:Web:~~ [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/about-the-complaints-process/ ~~lawsociety.bc.ca~~]		* Call 1-800-903-5300 (toll-free)
			* [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/about-the-complaints-process/ Visit website]

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Elena Renderos: Elena Renderos moved page If You Have a Problem with a Lawyer (No. 436) to If You Have a Problem with a Lawyer: Removing recording numbers from page names

2020-09-12T04:48:50Z

Elena Renderos moved page If You Have a Problem with a Lawyer (No. 436) to If You Have a Problem with a Lawyer: Removing recording numbers from page names

← Older revision	Revision as of 04:48, 12 September 2020
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Drew Jackson at 17:54, 31 March 2019

2019-03-31T17:54:11Z

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	If you have concerns about a lawyer, you can make a complaint to the BC Law Society. Learn how to make a complaint and what to expect from the process.		If you have concerns about a lawyer, you can '''make a complaint''' to the BC Law Society. Learn how to make a complaint and what to expect from the process.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/about-the-complaints-process/ lawsociety.bc.ca]		:Web: [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/about-the-complaints-process/ lawsociety.bc.ca]


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Elena Renderos at 04:52, 29 March 2019

2019-03-29T04:52:32Z

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	{{~~Dial-A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://www.gilchristlaw.com/team/ Steven Gjukich], Gilchrist & Company\|date= March 2018}} {{Dial-A-Law TOC\|expanded = help}}

	{{Dial-A-Law TOC\|expanded = ~~lawyers~~}}
	If you have concerns about a lawyer, you can make a complaint to the BC Law Society. Learn how to make a complaint and what to expect from the process.		If you have concerns about a lawyer, you can make a complaint to the BC Law Society. Learn how to make a complaint and what to expect from the process.

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	===If you have a problem with your lawyer’s bill===		===If you have a problem with your lawyer’s bill===
	The Law Society of BC does not regulate lawyers' fees. If you have a disagreement with your lawyer over the amount of their fees, filing a complaint with the Law Society will not resolve that dispute. There are other steps you can take, however. You can try a free '''mediation program''' offered by the Law Society to help you and your lawyer reach a settlement. Or you can ask the court to '''review''' your lawyer’s bill to ensure the fees are reasonable. We explain these options in our information on [[Lawyers' Fees (~~Script~~ 438)\|lawyers' fees (no. 438)]].		The Law Society of BC does not regulate lawyers' fees. If you have a disagreement with your lawyer over the amount of their fees, filing a complaint with the Law Society will not resolve that dispute. There are other steps you can take, however. You can try a free '''mediation program''' offered by the Law Society to help you and your lawyer reach a settlement. Or you can ask the court to '''review''' your lawyer’s bill to ensure the fees are reasonable. We explain these options in our information on [[Lawyers' Fees (No. 438)\|lawyers' fees (no. 438)]].

	==Deal with the problem==		==Deal with the problem==
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	:Web: [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/about-the-complaints-process/ lawsociety.bc.ca]		:Web: [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/about-the-complaints-process/ lawsociety.bc.ca]



	~~[updated March 2018]~~

	~~'''The above was last reviewed for legal accuracy by [https://www.gilchristlaw.com/team/ Steven Gjukich], Gilchrist & Company.'''~~

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Drew Jackson: Drew Jackson moved page If You Have a Problem With Your Lawyer (Script 436) to If You Have a Problem with a Lawyer (No. 436): align with new Dial-A-Law website

2019-03-22T01:18:46Z

Drew Jackson moved page If You Have a Problem With Your Lawyer (Script 436) to If You Have a Problem with a Lawyer (No. 436): align with new Dial-A-Law website

← Older revision		Revision as of 01:18, 22 March 2019
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Dial-A-Law at 05:09, 21 February 2019

2019-02-21T05:09:45Z

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Dial-A-Law at 21:52, 7 March 2018

2018-03-07T21:52:56Z

← Older revision		Revision as of 21:52, 7 March 2018
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	==File a complaint with the Law Society==		==File a complaint with the Law Society==
	If talking to your lawyer doesn’t work, you can complain to the [http://www.lawsociety.bc.ca/ Law Society], the organization that licenses all BC lawyers. It protects the public by setting professional standards of conduct and competence for lawyers. It also monitors, evaluates, and disciplines them. ~~You can~~ [https://www.lawsociety.bc.ca/~~page~~.~~cfm?cid=42&t=Complaints~~-and-~~Discipline~~ file a complaint ~~online]. You can also write~~ a complaint ~~letter and send it to the Professional Conduct Department by:~~		If talking to your lawyer doesn’t work, you can complain to the [http://www.lawsociety.bc.ca/ Law Society], the organization that licenses all BC lawyers. It protects the public by setting professional standards of conduct and competence for lawyers. It also monitors, evaluates, and disciplines them. Its [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints-en/ website section on complaints] explains the details, including [https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints/how-to-file-a-complaint/ how to file a complaint].
	*Email: [mailto:professionalconduct@lsbc.org professionalconduct@lsbc.org]
	*Mail: 845 Cambie Street, Vancouver BC V6B 4Z9
	*Fax: 604.669.~~5232~~

	If you find it hard to put your complaint in writing, ask a friend or advisor for help. In your letter, describe your connection with the lawyer. Give a history of the problem and include any other written material that explains it. Include the lawyer’s name and your address and phone number.		If you find it hard to put your complaint in writing, ask a friend or advisor for help. In your letter, describe your connection with the lawyer. Give a history of the problem and include any other written material that explains it. Include the lawyer’s name and your address and phone number.
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	# You may be able to use the [https://www.lawsociety.bc.ca/page.cfm?cid=143&t=Disputes-involving-fees Law Society’s Fee Mediation Program] for disputes between $1,000 and $25,000. It is free. This program works only if your lawyer agrees to use it. If so, the Law Society appoints a mediator to help you reach a settlement. Since the process is voluntary, it works only if you and your lawyer can agree on a settlement. Call the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its [http://www.lawsociety.bc.ca/ website].		# You may be able to use the [https://www.lawsociety.bc.ca/page.cfm?cid=143&t=Disputes-involving-fees Law Society’s Fee Mediation Program] for disputes between $1,000 and $25,000. It is free. This program works only if your lawyer agrees to use it. If so, the Law Society appoints a mediator to help you reach a settlement. Since the process is voluntary, it works only if you and your lawyer can agree on a settlement. Call the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its [http://www.lawsociety.bc.ca/ website].
	# You can ask a [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/registrars_office.aspx Registrar] of the BC Supreme Court to review the bill. This costs $80. Plus you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be.		# You can ask a [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/registrars_office.aspx Registrar] of the BC Supreme Court to review the bill. This costs $80. Plus, you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be.

	For more information on lawyers’ fees, check script [[Lawyers' Fees (Script 438)\|438]], called “Lawyers' Fees”.		For more information on lawyers’ fees, check script [[Lawyers' Fees (Script 438)\|438]], called “Lawyers' Fees”.


	[updated ~~February 2016~~]		[updated March 2018]

	'''The above was last reviewed for accuracy by Steven Gjukich and edited by John Blois.'''		'''The above was last reviewed for accuracy by Steven Gjukich and edited by John Blois.'''

Dial-A-Law at 18:44, 26 January 2018

2018-01-26T18:44:58Z

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	[updated February 2016]		[updated February 2016]

	'''The above was last reviewed for accuracy by ~~Steve~~ Gjukich and edited by John Blois.'''		'''The above was last reviewed for accuracy by Steven Gjukich and edited by John Blois.'''

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Dial-A-Law: /* Is your lawyer’s fee the problem? */

2016-03-01T18:11:32Z

Is your lawyer’s fee the problem?

← Older revision		Revision as of 18:11, 1 March 2016
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	# You may be able to use the [https://www.lawsociety.bc.ca/page.cfm?cid=143&t=Disputes-involving-fees Law Society’s Fee Mediation Program] for disputes between $1,000 and $25,000. It is free. This program works only if your lawyer agrees to use it. If so, the Law Society appoints a mediator to help you reach a settlement. Since the process is voluntary, it works only if you and your lawyer can agree on a settlement. Call the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its [http://www.lawsociety.bc.ca/ website].		# You may be able to use the [https://www.lawsociety.bc.ca/page.cfm?cid=143&t=Disputes-involving-fees Law Society’s Fee Mediation Program] for disputes between $1,000 and $25,000. It is free. This program works only if your lawyer agrees to use it. If so, the Law Society appoints a mediator to help you reach a settlement. Since the process is voluntary, it works only if you and your lawyer can agree on a settlement. Call the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its [http://www.lawsociety.bc.ca/ website].

	# You can ask a [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/registrars_office.aspx Registrar] of the BC Supreme Court to review the bill. This costs $80. Plus you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be.		# You can ask a [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/registrars_office.aspx Registrar] of the BC Supreme Court to review the bill. This costs $80. Plus you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be.

Dial-A-Law: /* Is your lawyer’s fee the problem? */

2016-03-01T18:10:58Z

Is your lawyer’s fee the problem?

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	Try either of the following two solutions for a fee problem that you and your lawyer can’t solve:		Try either of the following two solutions for a fee problem that you and your lawyer can’t solve:

	# You may be able to use the Law Society’s Fee Mediation Program for disputes ~~from~~ $1,000 to $25,000. It is free. This program works only if your lawyer agrees to use it. If so, the Law Society appoints a mediator to help you reach a settlement. Since the process is voluntary, it works only if you and your lawyer can agree on a settlement. Call the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its ~~website at~~ [http://www.lawsociety.bc.ca ~~www.lawsociety.bc.ca~~]. The Law Society is the organization that licenses all BC lawyers. It protects the public by setting professional standards of competence and conduct for lawyers. It monitors, evaluates, and disciplines them.		# You may be able to use the [https://www.lawsociety.bc.ca/page.cfm?cid=143&t=Disputes-involving-fees Law Society’s Fee Mediation Program] for disputes between $1,000 and $25,000. It is free. This program works only if your lawyer agrees to use it. If so, the Law Society appoints a mediator to help you reach a settlement. Since the process is voluntary, it works only if you and your lawyer can agree on a settlement. Call the Law Society at 604.669.2533 in the lower mainland and 1.800.903.5300 elsewhere in BC. Or see its [http://www.lawsociety.bc.ca/ website].
	# You can ask a Registrar of the BC Supreme Court to review the bill. This costs $80. Plus you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be. For details, see the Registrar’s Office website at [http://www.courts.gov.bc.ca/supreme_court www.courts.gov.bc.ca/supreme_court]. Click on “About the Supreme Court” and then on “[http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/registrars_office.aspx Registrar’s Office]”. Lastly, click on “[http://www.courts.gov.bc.ca/supreme_court/about_the_supreme_court/registrars_office/booklet/Legal%20Professions%20Act.pdf Legal Profession Act Reviews]”.
			# You can ask a [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/registrars_office.aspx Registrar] of the BC Supreme Court to review the bill. This costs $80. Plus you may have to pay your lawyer’s costs if you lose. There is no limit on the amount of the fee. You don’t need your lawyer’s agreement to use this process. You have one year from the date of the bill to apply to the registrar—if you have not already paid it. But if you have already paid the bill, you must apply within three months of paying it. The Registrar holds a hearing where you and your lawyer each give your side of the case. Then the Registrar decides what the fee will be.

	For more information on lawyers’ fees, check script [[Lawyers' Fees (Script 438)\|438]], called “Lawyers' Fees”.		For more information on lawyers’ fees, check script [[Lawyers' Fees (Script 438)\|438]], called “Lawyers' Fees”.


	[updated ~~April 2014~~]		[updated February 2016]

			'''The above was last reviewed for accuracy by Steve Gjukich and edited by John Blois.'''

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