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If you believe that a professional bill exceeds what was agreed upon, you may contest it. The same is true if you don’t agree with all of the charges included, or if you simply find that the bill is too much for the services you received. If you are not able to amicably settle on the fees with the professional in question, you may take it up with his professional order.
In this Infosheet, Éducaloi explains the conciliation and arbitration procedure for fee disputes put in place by the various professional orders of Quebec.
You have the right to know in advance the approximate costs of the professional services you require. This is why it is strongly recommended that you ask the professional you are dealing with about this subject when you first meet him. Even better, you should ask for an outline of his hourly or fixed rate, the number of hours he estimates having to spend on your case and, if possible, the work and services he will be required to perform. If you are entrusting money or other valuables with the professional, ask for a receipt.
In short, try to ensure that everything related to fees, including the work and services required, is explained clearly and in writing. It’s equally important to inform yourself about other possible costs besides the professional fees you will be charged. For example, a lawyer may bill at an hourly rate of $100 while estimating he will spend 15 hours of work on your case, for a total of approximately $1,500. But if he is required to leave his office, you may be charged his taxi fare or parking costs. Likewise, you could be billed for photocopies, the costs of filing a court action on your behalf, of obtaining the services of an expert, a bailiff, or any other professional. So familiarize yourself with these extra fees and, if possible, ask that these be put down in writing as well. Ultimately, it is up to you to lay down the limits on what your professional consultant can charge you, and on the services he or she provides. You should also find out about the possible methods of payment and about what fees must be paid in advance. Finally, remember that any agreement about fees, written or oral, can be amended as necessary. A written agreement about fees is good evidence if ever you have a fee dispute with the professional you’ve hired, and this can help you avoid a lot of hassle trying to prove your case.
It is possible that a bill will be higher than was estimated without it being excessive. Unpredictable factors and difficulties beyond the professional’s control can occur. It may be that the professional will have to take steps that he didn’t originally foresee as a result, meaning that he will have devoted more time to your file than he had thought necessary when making his estimate. In these circumstances the final bill may be higher than had been predicted and yet not be excessive. Discuss these issues when you receive your bill.
However, if you believe that the total of your bill is far larger than what had been estimated for no apparent reason, do not hesitate to clarify the situation with the professional. Ask him to provide you with a more detailed list of the things you are being charged for on your bill, or to justify the amounts he is charging. If the explanation you receive isn’t clear or doesn’t satisfy you and you continue to think that the bill is too high, and if you haven’t successfully agreed with the professional on the amount you should pay, you can pursue other options with his professional order. The Professional Code requires that all professional orders establish a conciliation and arbitration procedure for fee disputes involving their members. You can write to the office of the “syndic” of the order, to request conciliation. A conciliator will then try to work out an agreement between you and the professional. At this stage each party is free to accept or refuse the suggestion of the conciliator. This is why this step can succeed or fail.
Yes, you can contest a bill after having paid it. But beware: there are time limits that must be respected. In general, if you have already settled the bill, in total or in part, your request for conciliation must me made within 45 days of when you first received the bill. Note that this deadline may vary from one professional order to another. It may be longer, but the time period will not be longer than one year.
If you have paid a sum of money to a professional in advance, he must deposit this into a fund reserved for this end, often called a trust fund. He will deduct or retain his fees from this amount after having effectively provided his professional services. In these cases, the deadline for requesting conciliation is counted from the date you become aware that sums have been deducted or taken from the advance that you have paid.
Yes, you can if the bill doesn’t respect the fees agreement between you and the professional or if the agreement itself is excessive. However, it is important to note that some professional orders will only allow their conciliation and arbitration procedures to be used to enforce what the agreement says about fees and services. This means that the use of these procedures may be limited to situations where the agreement has not been respected.
The conciliation service for fee disputes is free. Each professional order must make this service available without charge to the clients of its members.
Should an agreement not be possible from conciliation, you may request arbitration. Each order must have an arbitration board for fee disputes available to its members.
This arbitration board will examine your point of view and that of the professional and will itself determine the bill you will have to pay. The professional must submit to arbitration, and during the arbitration process he or she is not allowed to go to court to claim the contested fees from you.
Unlike conciliation, arbitration of a professional’s bill can have costs associated with it, for you or for the professional, that correspond to the expenses paid by the Order. These costs may have to cover, for example, the rental of a room, submitting and serving notice of the proceedings and the services of staff. These costs can vary from one professional order to another.
In addition, if the Arbitration Board decides that you must pay all or part of the fees at issue, it can also demand that you pay the professional an indemnity or interest on the amount, beginning from when you made the request for conciliation. If, on the other hand, you have already paid all or part of the fees and the arbitration board awards you a reimbursement, the professional can be required to pay you an indemnity, or interest on the fees paid from the time of your conciliation request.
The Arbitration Board’s decision is final; neither you nor the professional may appeal from this decision. Each of you must abide by its ruling. However, in certain exceptional circumstances, a court could review the Arbitration Board’s decision. This could be the case if one of the members of the Board had close ties to the professional with whom you had a problem.
Please be aware that if, as well as contesting the fees, you have other reasons for complaining about the professional’s conduct, you may ask the office of the syndic to carry out an investigation (see our Infosheet Professional disciplinary committees: The complaint process).
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