5) What can I do if I am not satisfied with the lawyer's bill?

If you are dissatisfied with the amount of your bill, you have the right to demand an itemised bill. In an itemised bill, your lawyer should list out all the details including the date and time for every meeting, telephone conversation, and the time spent on preparing every piece of correspondence and court document, etc. This request should be made within 3 months of delivery of the bill to you.

Unless you indicate to your lawyer that you intend to query the bill of costs, your lawyer has the legal right to sue you for payment 1 month after the date of delivery of the bill. If you consider the costs to be excessive and you lawyer refuses to adjust the bill without good reasons, you may try to seek help from the Law Society of Hong Kong (governing "solicitors") or the Hong Kong Bar Association (governing "barristers").

You also have the right to have the bill assessed by the Court. This assessment is called "taxation" (do not mix-up with the tax payable to the Inland Revenue Department).

Taxation

Under the Legal Practitioners Ordinance (Cap. 159 of the Laws of Hong Kong), you have a legal right to apply to the Court to have the disputed bill taxed. That is to say, the disputed bill will be assessed by a court official, usually called a "Taxing Master” or “Taxing Officer". If the application is made within 1 month of the receipt of the bill, the Court will automatically arrange for the bill to be assessed.

If you do not apply for taxation within the 1 month period, then you or your lawyer has the right to apply to the Court for the bill to be taxed. If there is a delay of more than 12 months, the Court will only permit the bill to be taxed in special circumstances.

If you have paid the bill and remain unhappy about your lawyer's fees, you have the right to apply for taxation of the bill, however, this right is only valid for 12 months from the date that you paid the bill.

If the Taxing Master reduces the bill substantially, the Court will report the lawyer to the Law Society for overcharging.

Costs of taxation

If the Taxing Master reduces your lawyer's bill by one-sixth or more, your lawyer must pay the costs of the taxation hearing. If you fail to get a one-sixth reduction, you will be liable for the costs of that hearing (including your lawyer's costs).

If you decide to apply for taxation, it would be in your best interest to consult another lawyer and also have legal representation at the taxation hearing.

In the circumstances, you should bear in mind that additional costs for the taxation procedures may be incurred, including: 1) costs for a new lawyer and 2) costs for your original lawyer (if you fail to get a one-sixth reduction of the bill). Taxation procedures should only be used in the last resort.

For more details about taxation procedures, please see the webpage of Resource Centre for Unrepresented Litigants.