When you use the services of a professional, a fee account will be sent to you once the service has been rendered. However, if the fee account seems too high or contains an error, it is possible to contest it under the Professional Code. Fee remedies are available whether the fee has already been paid by the client or not.
Conciliation procedure
The first stage of a fee appeal is the conciliation procedure. Every professional order must, by regulation, have such a mechanism. In other words, he must have a means of settling a conflict amicably. Conciliation serves to encourage and help the client and the professional to find a solution and, eventually, to agree on the amount to be paid for the service rendered. Throughout the conciliation, a conciliator acts as an intermediary between the parties in order to facilitate dialogue. Since the conciliation service is free, it is advantageous for the parties to reach an agreement at this stage of the fee action.
Conciliation Process
To obtain conciliation with a professional, you must apply to the syndic of the professional association concerned. On the other hand, when you wish to contest a fee account, it is necessary to start the procedures within 45 days of receiving it. Thus, a request for conciliation must be made to the syndic in writing before this period ends.
From 45 days, if no request for conciliation is filed, the professional can initiate proceedings to recover the amount of the unpaid account. This procedure cannot be initiated if a request for conciliation has been filed beforehand.
Arbitration Procedure
If the client and the professional are unable to reach an agreement at the conciliation stage, either party may request the arbitration of the fee account. The arbitration takes place before the arbitration council of the professional order concerned and the parties may be represented at their own expense by a lawyer if they so wish. During arbitration, the arbitration board hears the parties and receives their evidence at a hearing. At the end of the process, the judge issues a final and final decision that settles the dispute. The decision may either order the reimbursement or payment of an amount, maintain or reduce the disputed account, or rule on the amount due, if applicable.
Arbitration Process
To request arbitration of the disputed fee account, a written request, in a format included in the conciliation report, must be filed with the secretary of the professional order in question within 30 days of the conciliation report being received. A copy of a report must be attached to the application.