Paying for a Lawyer

Here are some things to think about if you decide to hire a lawyer. The following section explains how you can reduce the cost of legal fees, from arranging a payment plan with your lawyer, to giving the lawyer a percentage of the money that you win in your court case, to doing some of the legal work yourself. Before you start any legal action, it is very important to talk to your lawyer about the cost involved and how you will pay your lawyer’s fee.

Paying full legal fees

If you are paying a lawyer for legal services, you can discuss ways to pay your bill. For example, you may not be able to pay the full amount when your case is finished, but you can afford to pay $500 per month until the bill is paid. Or, your lawyer may agree to a reduced fee. For example, your lawyer may agree to complete the legal work for less money (e.g., a 15% discount). And in some cases, like where you are injured in a car accident, your lawyer may work on a contingency fee basis, which means that he or she takes a percentage of the money you are awarded by ICBC. If you do not receive a money settlement from ICBC, the lawyer does not charge you a fee, except for disbursements (expenses that arise during the course of the case, like the fee for filing court documents).

You should always discuss payment options with your lawyer before he or she starts your legal work.

Unbundled legal services

A lawyer might provide limited services to a client. Lawyers call these services "unbundled" or "limited scope" legal services. If you think you can handle some, but not all, parts of your case, you can pay a lawyer to do the parts that you can not do. It’s an arrangement where you pay only for what you want. It is a mid-way option between full legal representation and no legal representation. In this situation, you and your lawyer work as a team to resolve your legal problem.

Here are some examples where you might pay a lawyer for limited or unbundled services:

  • After falling on icy stairs at thepost office and breaking your hip, you talk to a lawyer about your legal rights and the amount of compensation you might receive for your injuries. You pay the lawyer to research the law for you and explain how much money, if any, you will likely receive if you sue the post office. The lawyer’s advice will be based on other similar cases that have gone to court. Then you handle the entire case on your own.
     
  • Someone owes you a large sum of money, so you pay a lawyer to write a letter to the other party, demanding repayment by a certain date. The lawyer advises you how to proceed from there, and you handle the settlement negotiations by yourself.
     
  • In your claim for spousal support, your lawyer helps you prepare the documents that are necessary for the court hearing, and gives you advice on how to make your own application in court.
     
  • In a claim against you for child support, you talk to a lawyer about your obligations and what documentsyou need to prepare for the court hearing. Your prepare your own court documents and hire the lawyer to represent you at the court hearing.
     
  • You decide to handle your own case against your employer for firing you unfairly. You meet with a lawyer to learn about the law and decide to represent yourself. Your lawyer acts as your “coach” and you meet with him or her from time to time to get advice until your dispute is settled.

An agreement with a lawyer for any legal work is called a “retainer.” A written retainer letter sets out the work that the lawyer has agreed to do, and what the lawyer will not do. For example, if you are buying a business, you might retain a lawyer to prepare the documents for transferring the business to you, but not for preparing the documents relating to a private loan that you arrange to buy the business. The retainer agreement sets out the scope of your lawyer’s involvement in the file.

If you want to hire a lawyer to work on some (but not all) parts of your file, it is very important that both you and your lawyer understandand agree on which tasks you have asked your lawyer to do. Your lawyer will want to be sure that you understand the work that you will be doing on your own and that you are capable of handling it. Your lawyer will prepare a retainer letter that sets out:

  • the lawyer’s responsibilities and the work that he or she will do (and not do); and
  • your responsibilities and the work that you will do by yourself.

You and your lawyer are working as a team, and it is important that you carefully complete whatever tasks you take on. It is also important that you and your lawyer communicate clearly. Ask questions if you do not understand what your lawyer said.

You can help your lawyer a great deal by being organized – put your documents in a logical order, keep a file or binder of your documents, and write a brief summary of the important facts in your case. You can prepare a worksheet to keep track of what your lawyer will be doing, and what you have agreed to do. Being well organized is probably the most effective thing you can do to help your lawyer and keep your legal costs down. (See Worksheet 3: Unbundled Legal Services.)

You should talk to a lawyer about your legal problem before deciding if you want to do some of the work yourself. Some legal problems are very complicated and it is not a good idea to handle any part of it on your own. You and your lawyer can decide together what options you have and the best way to proceed.

Read more about your relationship with your lawyer in What Your Lawyer Expects from You.

The next section explains how you may be able to get legal help for free.