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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100385
Experience:  Lawyer
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Last year I was charged with criminal offences that are now

Customer Question

Hi
Last year I was charged with criminal offences that are now dealt with but threw whole process I was being represented by a criminal laywer
the ordeal was awful , the crown had asked for a severe penalty when it shouldn't have been asked for , and for some reason it was very apparent that the crown attorney did not like my lawyer.
threw the process it felt as is my lawyer was taking advantage of me , he scheduled countless court appearences just to delay them over and over and it did not seems as he was trying to make things easier on my wallet so to speak. When he decided to represent me he never explained any billing rates for any of his types of work nor did I sign a contract , the only thing I signed was a paper stating that he would be my counsel. Towards the end I repeadetly told him I wanted to end this , get it over with and he seemd to brush me off . A pre trial occurred I wanted to be present so that I could accept and deal with the crown on the spot so this ordeal could end , he told me I don't need to be there il keep you posted , so I informed him that I was a call immediately after discussion so that I can accept and end the whole process , I waited by the phone at work , and received no call , I called him and finally I believe the next day I got a hold of him , he informed me of the deal being offered , at that time I was very frustrated and decided to end the relationship , I texted him as this was our way of communicating , and informed to seize representation immediately and seize any work in my regards ***** ***** clearly that next court date for him not to attend that I would be there , I took off work and made my way to court . To my surprise the lawyer was there its a small community so I thought he might be there for someone else . I stood at the stand when they called my name and the lawyer told the judge that he wasent sure of the direction I wanted him to take and that he hadn't received further instruction from myself which was false . I responded to the judge that I was self representing , at the moment I didn't feel it was necessary to explain to the judge that I had already told the lawyer to not show up that he was fired . The laywer then invoiced me for the time he spent in court , then he invoiced me for closing the file which was unneeded and after wards sent me the invoice , I called and asked why invoice me as I instructed him to seize all activity on me regards ***** ***** deliberately spent time on my case even when told not to , time that was un necessary , as I was very capable . Afcter we spoke and I tried to dispute the invoicing he had no clear answer , but when he sent a reminder notice additional time was billed for the telephone conversation we had in regards ***** ***** previous bill, which I beieleve is very unethical. I refused to call and try to rectify it as I didn't want to be billed additionally , I avoided the billing and now he sent me a letter stating I need to pay the amount of 2600 $ or he will take me to small claims court . To this day I have no idea what I was billed for as proper invoiving was never supplied but mysteriously right before a court appearance my retainer had dried up and a sum of a few thousand dollars was requested for him to go to court again . Also threw all the past invoicing I have never received a reminder notice involving interest and this las one I received has interest added something that I was never made aware of as there was no contract , it does not even state the interest % just that I have interest to pay , I am very offended by these extortion type tactics and lack of ethics in regards ***** ***** Unfortunately I cannot find the text messages and emails proving that I was billed for conversations in regards ***** ***** inaccurate billing and me instructing him not to be present in court and seize representing me as all that information was on my company phone and email which I no longer for . What can I do , do I have a valid point of view ?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What province is this please?

Customer: replied 1 year ago.
Ontario
last invoice sent nov 2014
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

One option is to apply to the court in Ontario that is set up to deal with the assessment of lawyer's bills. You have to apply for leave, that is for special permission, to have the court deal with this now as you were to bring the application within 30 days of receipt of the invoice.

If you rather or if the court denies leave, then you can tell the lawyer to sue you. It will be in Small Claims Court and you can self-represent.

You can have a trial and under sworn testimony you can explain to the court that you fired your lawyer, attended on your own behalf, but your lawyer attended and tried to tell the court he was still acting for you. Then you can say he later had the nerve to bill you for that court attendance and then for discussing the bill.

As well, you can cross-examine the lawyer under oath and ask him why he attended court etc.

As well, given that the lawyer purported to act for you after you dismissed him then you can consider filing a complaint with the Law Society of Upper Canada.

Customer: replied 1 year ago.
One option is to apply to the court in Ontario that is set up to deal with the assessment of lawyer's bills. You have to apply for leave, that is for special permission, to have the court deal with this now as you were to bring the application within 30 days of receipt of the invoice.( this statement , is it 30 days from the last invoice date ? , also do you have links and knowledge on how to start the process ), also if im granted leave does that deny him the right to persu me further ? and what is leave exactly , like a deleting of the amount owing ? basically can you explain the leave more in detail , also I had contemplated writing a letter to the law society but never did because honestly I didn't have the energy and was just happy all that was behind me until I received another reminder months afterwards . also what would sending a letter to the law society do exactly ? and what would I write what points would I be best to highlight
Expert:  Debra replied 1 year ago.

The leave is just asking for special permission to go to that court. If they say you can, then you have a hearing at a different date. And at the hearing the court will hear from you and hear from the lawyer and decide what is fair in terms of what you should be billed. The court can reduce or even cancel his bill. And that is what you would have to pay and what he would have to abide by.

It is 30 days from the time you received the invoice.

Here is a link to the information that you will need:

http://www.lsuc.on.ca/with.aspx?id=640

Customer: replied 1 year ago.
Ok thanks and why this special court ? Whats the difference
And what would a letter to the law society do
Expert:  Debra replied 1 year ago.

This court is specialized to deal with lawyer's bills as that is all this court does deal with so it will be easier for you to succeed there.

A complaint to the law society may end up with this lawyer being disciplined.

Customer: replied 1 year ago.
ok excellent
Expert:  Debra replied 1 year ago.

I am glad you are satisfied. Can you please take the time to rate me now? That is how I get paid!

Have a Happy New Year!

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