Getting redress

Exorbitant fees

If you're not happy with your lawyer's bill, discuss it with them directly. Tell them you're dissatisfied and ask for an itemised account (if you haven't already received one). One of our members recently received a bill for $1650 after her lawyer and an assistant met with her for 45 minutes and subsequently wrote a letter on her behalf. She thought the work was worth about half that and sent a cheque for $830 - which was accepted by the lawyer.

If you can't resolve the problem, you can complain to your local district law society, which runs a free "costs revision scheme" for reviewing disputed accounts. You have six months from the time you receive the bill to make a complaint.

However, the society will not review a bill that has already been paid unless the fee was deducted from money held for you in the lawyer's trust account.

Taking fees by deduction
A high court decision in 2007 found that if your lawyer is holding funds for you, they cannot deduct their fee without your express authority. Your lawyer also can't refuse to finish the work that you asked them to do just because you haven't paid the bill.

Sloppy conduct

You may also complain to the local district law society about a lawyer's conduct. These complaints may be referred to a disciplinary tribunal and can ultimately result in a lawyer being censured, fined or struck off the roll of barristers and solicitors (meaning they can no longer practise).

If you are not happy with the society's handling of your complaint, you can take it up with a local lay observer. These non-lawyers are appointed by the government to investigate complaints to the law society that are not resolved to the client's satisfaction.

Consumer Guarantees Act

The Consumer Guarantees Act guarantees lawyers' services must be carried out with reasonable care and skill, work must be done within a reasonable period if a set time is not agreed in advance, and the price must be reasonable if not agreed in advance.

If you think your lawyer has breached the Act you may be able to take a claim to a Disputes Tribunal, which can hear claims involving up to $15,000 (or $20,000 if both parties agree). You must abide by the tribunal's decision.

Fight fire with fire If you're still not happy, or if you think your lawyer has caused you serious losses, consider hiring another lawyer to take further action.