Contingency Fees: What’s lurking beneath the legal fine print?

I can not tell you how many instances I've encountered in my career where a firm offers to fight for a client on the basis of a "Don't Pay If We Don't Win" agreement only to proceed to lose the case and still send out an invoice for a bunch of items buried in the fine print of their retainer agreement or, on a schedule attached thereto.

Also, I can not tell you how many instances I've seen where people come to my office, having signed a 30% contingency fee agreement at another firm, only to have their final bill amount to 40-45% after surcharges and fine print fees are added.

I've always been of the view that a client should never be made to feel cheated by the fine print. Whether the legal fees are hourly or contingency (pay when you win) everyone needs to comb the fine print.

Whether you hire my firm or not, it is a good idea to familiarize yourself with the client information package that comes with any agreement that you are asked to sign when retaining a legal professional, regardless of the firm you are interviewing to represent you.

The document, Contingency fees: What you need to know is provided to all new clients. Make sure you get yours from your legal services provider if you are negotiating a contingency fee agreement. It is a requirement under the rules so never take no for an answer.

Take your time, read the documents, and don't be afraid to ask questions. There are never any bad questions, only bad fee agreements. This is where you want to discuss the fine print to see what might be lurking there.

The fee agreements could not be simpler for the client at my firm. In essence, we use the standardized Law Society Contingency Agreement with no added fine print or "add-on" charges.

There are a small percentage of cases where the research and legal prep work is so extensive that a small administration fee is payable. However, whatever that fee may be, I will always disclose it up front and it will be billed ONLY AFTER the work or task for which I was retained is completed.

Disbursements are what a legal firm spends out of their pocket for the advancement of your claim. I don't believe in charging excessive disbursements. In WSIB Appeals for example, a worker can usually expect to encounter the following disbursements:

• Cost of medical reports/records

• Cost of mileage /travel/ accommodation to attend out of town hearings/meetings

• Courier Fees

In this ever growing technological era with electronic filings and video-conference hearings, items such as photocopies and postage are not as necessary as before. You will never see us bill you for standard postage, photocopying or sheets of paper.

On the rare occasion when the size of the client's file dictates, a full copy of the file will need to be printed. On those instances this is required, a flat fee will apply.

Free means free. Consultations are always FREE... and I will not limit you to a 20 minute session or fine print that results in a charge after the consultation.

I will sit with you, listen to you, analyze your case materials and offer guidance and suggestions as well as tips to better align the case at hand with some opinion. I will only give you legal advice upon being retained.

Remember.. Read the fine print, ask questions, do a little research and be confident with your ultimate decision.

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