By Neta, founder of SortMyDivorce · Updated
There is a formal process everywhere. It has a different name in every province, it is not the same thing as a complaint, and in most places there is a deadline you can miss without knowing it existed.
| The distinction that matters most | Conduct and money are separate tracks, in both countries. |
|---|---|
| What a Canadian law society will not do | Reduce a bill. All three of Ontario, BC and Alberta say so explicitly. |
| What a US discipline body will not do | Get your money back. The ABA: discipline "will probably not help you recover any money." |
| Ontario | Assessment, by an assessment officer of the Superior Court. |
| British Columbia | Fee review, by a registrar of the Supreme Court under the Legal Profession Act. |
| Alberta | Review, by a Review Officer of the Court of King's Bench. Rule 10.10(2), Form 42, filing fee set by the court, one year. |
| United States | Fee arbitration, run by state or local bar associations. Programmes vary by state. |
| First step everywhere | Raise it with the firm, in writing, specifically. Most disputes end here. |
Keeping track of dates like these across a stack of letters is exactly what SortMyDivorce does — start a free trial, no card needed.
Before any formal process, raise it directly — and raise it well, because how you do this determines how it goes.
Be specific. Name the entries and the dates. "The bill is too high" invites a defence of the whole bill; "the 14 July entry covers four tasks in 2.4 hours — could I have that broken out by task?" invites an answer.
Ask for itemisation of block-billed entries. An entry grouping several tasks under one figure cannot be assessed by you, and asking for it to be broken out is entirely ordinary.
Be neutral. You are asking, not accusing. Firms adjust invoices routinely and would generally rather do that than argue.
Ask forward as well as back. "Could document collation be handled by [paralegal] at the lower rate in future?" is easier to say yes to than a request for a refund, and over a long matter it is worth more.
If you are in New York, note that under 22 NYCRR § 1400.3 you cannot be charged for the time spent discussing the bill with you. You may query without paying for the query.
Do not simply stop paying. Non-payment can entitle a firm to stop acting, which may leave you unrepresented at a bad moment. Query and pay, or take advice before withholding.
Complaining about a lawyer and challenging a bill are different processes handled by different bodies, and using the wrong one wastes months.
In Canada, law societies regulate conduct. They do not set or reduce fees. They say this themselves, in plain terms:
The Law Society of Ontario: it "does not set fees for legal services and cannot reduce a lawyer's or paralegal's bill that you think is too high.". The Law Society of British Columbia: "the Law Society does not regulate lawyers' fees… The Law Society cannot order the lawyer to reduce his or her bill.". The Law Society of Alberta: it "cannot assist with legal fee issues" and has "no authority to order a lawyer to reimburse a client or to reduce the amount they have charged.".
Challenging the amount is a court process. Complaining about conduct — neglect, dishonesty, failure to communicate — goes to the law society. If your grievance is that the number is too high, the law society is the wrong door.
In the United States the same split exists. State discipline or grievance bodies handle misconduct. The ABA is explicit about what that achieves: filing a complaint "may punish the lawyer for misconduct, but it will probably not help you recover any money." Money goes to fee arbitration, or in cases of actual loss to a malpractice claim or a client security fund.
Ontario — Name: Assessment · Who conducts it: An assessment officer of the Superior Court of Justice · Key mechanics: One month from receiving the bill as of right; after that a judge's permission is needed
British Columbia — Name: Fee review · Who conducts it: A registrar of the Supreme Court, under the Legal Profession Act · Key mechanics: Within three months of paying, or one year of the bill being sent if unpaid. filing fee set by the registry
Alberta — Name: Review · Who conducts it: A Review Officer of the Court of King's Bench · Key mechanics: Rule 10.10(2), Form 42, filing fee set by the court, one year — see below
Alberta, in detail, because the Court publishes unusually clear guidance and because this is where a widely-repeated error sits.
The governing provision is Rule 10.10(2): "A lawyer's charges may not be reviewed… if one year has passed after the date on which the account was sent to the client." The document that starts the process is Form 42, Appointment for Review of Retainer Agreement/Lawyer's Charges. There is a filing fee, and the court publishes the current amount. The lawyer must be served at least 10 days before the hearing, and all reviews are now heard remotely by the Edmonton or Calgary Review Officer.
The review covers not only the account and disbursements but the retainer agreement itself. Two things are excluded: estate lawyers' charges, and Legal Aid accounts.
If the year has passed, three routes remain: ask for review of only the accounts still in time; get the lawyer's written agreement to extend; or ask the Review Officer to extend, which requires showing something like possible overcharging, a reason for the delay, and an absence of prejudice. One hard stop — accounts more than two years old cannot be reviewed even with an extension unless the lawyer consents, because of Alberta's Limitations Act.
A correction worth flagging. Some published Alberta guidance states a six-month limit. The Court of King's Bench's own materials state one year, citing Rule 10.10(2). We have gone with the Court.
A lighter first step in British Columbia that is rarely mentioned: the Law Society of BC runs a free Fee Mediation Program, capped at three hours. A registrar's review is a formal, public, court-like process with a filing fee, potential costs exposure and no dollar limit. Mediation is neither. If you are in BC, ask about it before filing anything.
New Brunswick and some other provinces still use the older term taxation. Quebec's system differs again and is not covered here — see the verification note.
Two things to establish before you start: which body, and which track.
Fee disputes go to fee arbitration, generally run by state or local bar associations. The programmes are not uniform, and the differences matter.
California is the clearest example. Under Business and Professions Code § 6200, "arbitration under this article shall be voluntary for a client and shall be mandatory for an attorney if commenced by a client." In other words: if you request it, your lawyer generally has to participate. The State Bar describes it as "an out-of-court hearing in which a sole arbitrator (or a panel of lawyers and non-lawyers) not involved in the dispute" reviews the fee agreement, the attorney's performance and the supporting records — and notes it is "usually faster and less expensive than going to court, and you can do it without hiring another lawyer."
Comparable programmes are run by the New Jersey District Fee Arbitration Committees, and by the Florida, Virginia, Idaho and Philadelphia bars among many others. Start with your own state or county bar association and ask for their fee dispute programme.
If you are in New York, domestic relations matters carry an extra layer: 22 NYCRR Part 1400 requires a written retainer, itemised bills at least every 60 days, and expressly addresses fee arbitration availability in the retainer agreement itself. Read your retainer — the route may already be set out in it.
Broadly, wherever you are: you file the initiating document within the deadline; the lawyer is served and responds; both sides produce the retainer agreement, the invoices, and the underlying records; a decision-maker who is not a judge — an assessment officer, a registrar, a Review Officer, an arbitrator — examines whether the charges were reasonable for the work done; and a decision follows, which may confirm, reduce, or occasionally increase the account.
Two practical points. You generally do not need a new lawyer to do this — these processes are designed to be usable by the client, and California's bar says so explicitly. And bring the documents: the retainer agreement, every invoice, your correspondence about the bill, and any itemisation you obtained.
Verification notes. 1. The Alberta position is verified directly from the Court's own published materials, including the text of Rule 10.10(2) as quoted by the Court. The rule text itself was not read from the Rules of Court, which are published only as large PDFs behind automated-access restrictions. 2. The Ontario one-month period is taken from Steps to Justice, Ontario's public legal information service. The Solicitors Act section numbers and the form number were not verified and are deliberately not stated. 3. Quebec is not covered. Its system differs and was not researched. If you are in Quebec, start with the Barreau du Québec. 4. US fee arbitration programmes vary by state and only California is set out in detail. Check your own state or county bar.
No. In Canada, law societies state plainly that they cannot reduce a lawyer's bill; the amount is challenged through a court assessment or review. In the United States, discipline and fee arbitration are separate tracks, and it is fee arbitration that deals with money.
It varies and the deadlines are real. Ontario: one month as of right. British Columbia: three months after payment, or one year from the bill being sent if unpaid. Alberta: one year from the date the account was sent. US programmes set their own limits. Check yours immediately — this is the most common way people lose the right to challenge.
Sometimes. British Columbia expressly contemplates it, within three months of payment. Elsewhere it depends on the rules and the timing. Ask early.
There is usually a filing fee — each registry publishes its own current amount — and in a formal review you may have costs exposure. Free or low-cost options exist, including the Law Society of BC's mediation programme and most US bar fee arbitration schemes.
Possibly, and it is worth being clear-eyed about that. Raising a query with the firm rarely does; a formal review usually signals the relationship is ending. If you are mid-matter with a court date approaching, factor that in.
That is a third and separate thing. Overcharging is a fee dispute; misconduct is a discipline matter; negligence causing loss is a malpractice claim. They go to different places, and if you think you have the third, get independent legal advice promptly.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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