42 - Wednesday, November 18, 1987 - North Shore News IF YOU know what vou’re going to pay, you are prepared. So the best way to avoid being shocked by a legal bill is to find out when you first meet with the lawyer what the costs will be. David Tupper, a partner in the law firm of Bull, Housser & Tupper, and treasurer (the senior elected official) of The Law Society of British Columbia, said the main cause of disputes of Jegal bills is the failure of both client and lawyer to come to grips with the costs at the outset. “The client is frightened to death to ask, and the lawyer is frightened to death to say because he doesn’t always know what is involved,’’ Tupper said. “If it’s a simple conveyancing of a house, that’s one thing. But if you come to me and say you want to buy a business, it’s very difficult to provide a firm cost estimate because there can be so many unknown factors.”’ If you plan legal action, the first step is to get an idea of the value of your case and the costs involved. dollars and sense by Mike Grenby - “You need to find out if it is economically sensible to pursue the case,’ said Frank -Maczko, Law Society secretary. “For example, if you hope to recover $1,600 and your costs will be $1,500, you might decide not to proceed, On the other hand, if you are taking legal ac- tion for spite or on principle, you should realize before you start what the bill will be, and be prepared to pay it.’’ Mac2Xo said if clients followed some basic. steps, there would be far fewer bill iaxation cases. He suggested these guidetincs: At your first meeting with the lawyer, find out the payniicnt terms: hourly, on a contingency (percentage) basis or a fiat fee. Also ask for an estimate of the total cost, or the influence various factors will have on the cost if an estimate is impossible. Then get this information in writing. “You need to settle all these details at the beginning, then ask for a letter confirming the information,’’ Maczko said. If you are paying on an hourly basis, ask for a bilf every month; don’t let the file build up. The bill shoutd show exactly what the lawyer did and the time spent. “Even if the lawyer charges you for providing this breakdown (and most don’t), it’s a small fee to pay for keeping track of what is happening — and what you are paying for,’* Maczko said. Unfortunately, the layman client often finds it difficult to decide if the time and charges on a bill are reasonable for the amount of work done. ‘‘Some- times you need another lawyer to give you an opinion on that.”" If you are unhappy with what your lawyer has charged, here is how you dispute — or ‘‘tax’’ the bill. (The dictionary defines ‘‘to tax’? in the legal sense as ‘‘to settle or fix amounts as duly chargeable in any judicial mat- ter.””) You apply to the registrar of the Supreme Court, stating in writing the reasons for disputing the bill. You and your lawyer are then called to appear before the registrar to present your cases. You can use a lawyer, but that is not a requirement. The registrar decides whether the dill is fair, or by how much.it suould be reduced. If the bill is reduced by less than one-sixth, you must pay 25 to 50 per cent of the Iawyer’s ex- penses in presenting his defence against your complaint. If the bill: is reduced by one-sixth or more, then the lawyer pays those costs. If you are unhappy with the registrar’s decision, you can ap- peal it to the Supreme Court. In a recent three-year period, about 75 per cent of the bill raxa- tion cases resulted in no reduc- tion. There were substantial reductions in a few cases and varying reductions in the rest. Do you have a financial or consumer question for Mike? Or a story you think should be in his column? Please write to Mike Grenby, North Shore News, 1139 Lonsdale, North Vancouver V7M 2H4. Remember to include your phone number in case Mike needs to contact you. Mike cannot reply individually but will answer as many of your letters as possible through The North Shore News. ns Write any good ads laiely? NEWS Classifi In business today, effective management teams are composed of team players who provide and contribute select specialized skills. One crucial role is that of the Management Accountant. Management Accountancy now represents two-thirds of all accounting- related positions, and continues to be the fastest growing segment of the profession in Canada. Only the RIA* designation specifically identifies professionals trained as Management Accountants. Some local RIA's include Hana Carbert, Controller, Murchie’s Tea and Coffee Ltd.: George Hartmann. Senior Vice- President and Secretary, Loomis Canada: and Alan Barnard, Deputy begins NORTH VANCOUVER City Mayor Jack Loucks (right) shakes hands with BCE Development Corp. president Wally Pierce at a sod-turning ceremony for the new Cannell Stu- dios development at the Park and Tilford site. The former distillery will be renovated for a film stu- dio complex and shopping centre. NEWS photo Terry Peters Controller Genera], Ministry of Finance, Province of British Columbia. Management Accountants are employed as Accountants, Controllers, Vice- Presidents of Finance and Chief Executive Officers. To earn the RIA Management Accountant designation, candidates must complete the academic requirements of the Society's Professional! Program and have at least two years of senior financial experience. The Professional Program consists of advanced management and accounting courses specifically designed to train “Chief Financial Officers” in industry, commerce and government. For information on the admission requirements into the Professional Program, contact the Director of Education prior to November 27, 1987. The Society of Management Accountants PO. Box 11548, 1575 ~ 650 West Georgia St.. Vancouver, B.C, V6B 4W7 Telephone: (604) 687-5891 Toll Free: 1-800-663-9646. *# Registered members of The Socicty af Management Accountants of British Columbia presently utilize the designation RIA, Legistation to change itto CMA (Certified Management Accountant! received first reading May 6, 1986 in the British Columbian Legislature. Initiatives for the legislative process continuc. Currently the CMA designation is used by all of our colicagues in the rest of Canada woke crater seaman DA ERD RATAN BCL oe a a tel oe A itnatthe an ee Ta) SHEARER ind AMSEC Cait BNO RO ALE DAIS JO AN PSOne Re WO a SE EO oc Seth Ante cre ithaca ag PRET een oe wana RE A ciabatta te pew tA RA LOC dee CN an Aun Ae Be bid one dae