18 ~ Sunday, September 2, 1990 -—

North Shore News

There’s nothing mysterious about lawyer’s fees

SOME PEOPLE avoid going to a lawyer because they fear
it costs too much. Others go but don’t ask about fees
because they think it is improper to do so.

There’s nothing mysterious, or
secret, about a lawyer's fee. it's
your money, and you have the
right to know how you will be
charged, how much it will cost,
and when you have to pay.

Don't delay getting legal advice
because you are afraid of the cost;
you may jeopardize your legal
tights, and it may cost you more
in the long run.

When you hire a lawyer, you
are buying his or her time, experi-
ence and skill. The more time you
use, the more it will cost. Howev-
er, there are steps you can take (o
keep your costs down.

CALCULATING FEES

There are no set schedules on
how lawyers must charge. The
method of calculating fees may
vary with each lawyer, and with
different types of legal services.
Here are the most common
methods:

Fixed fee — if you hire a
lawyer to provide a routine service
such as a conveyance, an incor-
poration or an impaired driving
defence, the lawyer may be able to
quote a flat fee, regardless of how
much work or how many court
appearances are involved,

ARDAGH HUNTER TURNER

Barristers & Solicitors

IMPAIRED DRIVING
[986-4366]

AFTER HCURS
645-8989

FAX
986-9286

300-1401 LONSDALE, NORTH VANCOUVER, B.C.

= ANNOUNCEMENT. *

Goluboll& Mazzel

BARRISTERS & SOLICITORS
SERVING THE NORTH SHORE FOR 16 YEARS

ARE PLEASED TO ANNOUNCE

DIANNE M. TINGEY, B.A., LL.B.
IS NOW ASSOCIATED WITH THE FIRM

A lawyer will use this method
only when he or she can calculate
fairly accurately how much time
will be required.

* Hourly rate — sometimes a
lawyer cannot predict, when a
case begins, how much time will
be required. For example, a com-
plicated lease or a dispute over the
custody of a child may get very
involved.

In those situations your lawyer
may keep a record of the time
spent on the case, and charge you
an hourly rate. If the case involves
a court trial, your lawyer may set
a daily trial rate.

© Percentage fee — sometimes
fees are calculated as a percentage
of the value of the subject matter.
This approach is often used when
probating an estate or collecting
debts.

¢ Contingent fee — you may
have a fairly strong case, but you
have no funds (to pay your lawyer
at the beginning of the case.

For example, you may have
been injured in an automobile ac-
cident, or you may be suing a
doctor for negligence. Your
lawyer may agree to act for you
and may take as his or her fee a
percentage of the award which
you eventually receive,

If you win, the lawyer gets a
fee; if you lose, the lawyer gets
nothing (but you will be responsi-
ble to pay disbursements and
costs). The percentage will vary
depending on the amount of your
claim, the degree of risk involved,
and at what stage in the pro-
ceedings the case is resolved. A
contingent fee agreenient must be
in writing.

«Lump sum fee — some ser-
vices don't fit conveniently into
any of the above categories, and
at the end of the case the lawyer
and the client are able to agree on
a lump sum fee which fairly
reflects the amount of time spent
by the lawyer, and other relevant
factors mentioned below.

In deciding what fee, rate or
percentage to charge, your lawyer

“LAKES, STRAITH & RO

will take into account the follow-
ing facts:

*the extent and character of
the services to be rendered

*the labor, time and trouble
involved

the character and importance
of the matter

© the amount of money or value
of property involved

*his or her professional skill
and expertise

@ the results achieved

SPECIAL TERMS

© Retainer — when you first
discuss your case with your
lawyer, he or she will usually ask
for a retainer. This is a sum of
money which will be deposited in
the Jawyer’s trust account as a
credit against the services he or
she will perform and expenses to
be incurred on your behalf.

As the case proceeds the lawyer
will submit accounts to you, and
will debit your account accord-
ingly.

© Disbursements — these are
out-of-pocket expenses, such as
court filing fees or expert reports,
which the lawyer makes on your
behalf.

You are responsible for them
and, unless they are deducted
from your retainer, you will be
billed for them as they arise.

© Costs — when a case goes to
court, the judge will normally
award ‘‘costs’’ to the successful
party. So, if you win, the losing
party will be required to pay part
of your lawyer's account; the
amount is calculated according to
a fixed schedule.

Normally the schedule will
allow only part of your lawyer’s
total account, and you are
responsible for the balance. If you
lose the case, you will have to pay
all your own lawyer’s fees, and a
portion of the successful party’s
legal fees.

During your first appointment
with your lawyer, you should
quite openly discuss, and settle:

IGERS”

DISCUSSING FEES

¢how you will be charged —
e.g. a fixed fee, an hourly rate, a
contingent or percentage fee or a
lump sum fee.

* what the fee, rate or percent-
age will be.

© what the total cost of fees and
disbursements will be, or at least
an estimate.

* When you will be billed —
¢.g. a retainer, each month, prior
to tria! or out of the proceeds.

Whatever you agrec upon, get it
in writing. Then both you and
your lawyer will know exactly
what you have agreed to, and it
should avoid disputes later on.

KEEPING COSTS DOWN

Since you are buying the
lawyer’s time, the less you use the
tess it will cost. Here are some
tips:

* Before going
lawyer

—eget all your papers and
documents together, and put them
in order

— write out a chronology of
events

— note the names and addresses
of witnesses

— write out the issues upon
which you want advice

¢ When you talk to your lawyer

— stick to the facts

— tell your lawyer aiff the facts,
good and bad

— ask questions if you don’t
understand the advice you are
given

—ask what you can do to
speed up the case to reduce your
costs

— ask your lawyer to keep you
informed of developments in the
case

* After you've talked to your
lawyer

—don’t make unnecessary
phone calls to his or her office

— except in emergencies write
to your lawyer instead of calling

— if you must call, talk to your
lawyer’s secretary first

— be realistic about matters in
dispute. For example, don’t spend
$500 on legal fees to recover a

to see your

BARRISTERS & SOLICITORS
5° A. JOHN LAKES ¢ JAMES L. STRAITH ¢ WILLIAM J. RODGERS

* REAL ESTATE * PERSONAL INJURIES
* WILLS & ESTATES * FAMILY LAW

* CORPORAT LAW © CIVIL LITIGATION

© COMMERCIAL LAW ¢ CRIMINAL LAW

984-3646

#202 - 1217 LONSDALE AVE..
NORTH VANCOUVER

$200 TV.

If you believe that your lawyer’s
account is unreasonable:

First: discuss it with your
lawyer; there may be a genuine
misunderstanding about what he
or she had to do to resolve your
legal problem. Uf you are still not
satisfied,

Then: you can apply to your
local District Registrar of the B.C.
Supreme Court to have the ac-
count reviewed. Look under
“British Columbia, Court Services
Branch’’ in the blue pages of your
telephone book, or call Vancouver
660-2809.

Normally you must have the bill
taxed within one year of when you
received it, or within three months
of when you paid it.

— From Understanding Your
Lawyer's Fee, a publication of the
Law Society of British Columbia
(669-2533) and the Canadian Bar
Association, B.C. branch (687-
3404).

DRINKING DRIVING
COUNTERATIACK

WHEN IT COMES TO THE CRUNCH

if you've been injured in an accident,
you may be entitled to compensation for
out-of-pocket expenses, lost income,
and pain. For information regarding your
rights and remedies, cali Howard Brad-
brooke or Heidi Cant and arrange for an
appointment.

Our personal injury claims department
is experienced in providing valuable
counsel and representing their clients’
best interests. Fee arrangements are
based on your choice of hourly rate or
percentage basis.

Mrs. Tingey attended the University of British Columbia
and graduated with an LL.B. in 1981. She has practised
law for 8 years, the last 5 years in West Vancouver,
primarily in the areas of FAMILY LAW, CIVIL LITIGATION,
including PERSONAL INJURY CLAIMS, and WILLS AND
ESTATES.

Goluboff & Mazzei provide a full range of legal services
and advice. Mrs. Tingey’s association with Richard
Goluboff, Gerry Mazzei and Beatrice Fogelberg will
enhance the services provided by Goluboff & Mazzei to
their clients.

GOLUBOFF & MAZZEI
Suite 201 585-16th St., West Van. 925-1156

BRADBROOKE
CRAWFORD
Fora ree coneutaton on these ans Me GREEN

#600-171 W. Esplanade, North Vancouver, B.C., V7M 3J9