What does a family lawyer cost in British Columbia, and how does a retainer work?

Hourly rates and retainers

A lawyer and client are free to agree on how the lawyer will be paid. In family law that is usually an hourly rate. A retainer is money you pay in advance, which the firm holds in trust for you. Under the Law Society's rules a lawyer who pays fees from trust must first prepare a bill and deliver it to the client. A bill is to give a reasonable description of the services and a detailed statement of the disbursements.

At RWE Family Law, rates depend on the lawyer's seniority and we quote a specific figure before any retainer is signed. A typical retainer is $10,000, meant to complete one step with money left over. When the work is done the balance is returned to you, and you may end the retainer at any time and have the unbilled balance refunded. A first consultation is 60 minutes for a fixed fee, paid when you book.

What drives the total

The main factors are the level of conflict between you and the other party, how complete each side's financial disclosure is at the start, whether there are businesses, pensions or excluded property to deal with, whether urgent applications are needed, and how many court steps it takes to reach a result. A case settled by negotiation or mediation usually costs far less than one that goes to trial.

Percentage fees

The Legal Profession Act makes a contingent fee agreement void in a child guardianship or custody matter and in a matter about parenting time, contact or access. In any other matrimonial dispute a contingent fee agreement is void unless the court approves it.

Costs paid by the other side

In the Supreme Court, the costs of a family law case must be awarded to the successful party unless the court orders otherwise. Those costs are set by a tariff and are normally less than what the successful party actually paid a lawyer, so an order for costs reduces a legal bill but does not erase it.

If you disagree with a bill

You can have a lawyer's bill reviewed by a registrar of the Supreme Court. You must take out the appointment within 12 months after the bill was delivered or 3 months after it was paid, whichever comes first. The registrar looks at the complexity of the matter, the time reasonably spent, the amount involved, the result and other circumstances, and is not bound by the fee agreement. A lawyer cannot sue on a bill until 30 days after delivering it.