A Prince George law firm plans to change the way it advertises its offer of a "free initial consultation" after it created some confusion for a Fort St. James man.
Saying he didn't understand why he had been billed about $450 for services rendered, Mike Sword sent in a copy of the ad Heather Sadler Jenkins runs in the phone book along with a cheque for the remainder of the money he owed.
"And I highlighted 'free initial consultation,'" Sword added.
The ad consists of two pages and on the left page it states the firm offers a free initial consultation and provides the names of the firm's personal injury and family law lawyers. As it turns out, Sword's case doesn't apply because it's not a personal injury or family law case said HSJ administrator James Fowlie.
But Fowlie also said he can see where Sword could be confused.
"The way the ad in the Yellow Pages is designed, the page is supposed to be the personal injury lawyers with the car accident cases and the family law cases and the other side is supposed to be the business side," Fowlie said.
"We don't offer free initial consultations on the real estate and forestry and commercial disputes and employment law and that kind of thing, but I understand where he got that from, so we're actually going to make changes to it. We're probably too late this book (which came out this week)."
Fowlie maintained, however, that prospective clients are told at the outset whether they would be charged for a consultation.
Upon walking into the office in early December, Sword agreed to pay $300 up front and provide a chronological account of the dispute in which he alleges he was wrongfully dismissed by his former employer.
Later told a $4,000 retainer would be required for a lawyer to take on the case, Sword balked at the bill and thought the $300 would be returned. Instead, he sent a bill requesting a further $141.86 over the $300 he had already paid for 1.8 hours of legal services at $190 per hour plus a handful of administration expenses. The time was spent on a phone call with Sword and reading the documentation he provided.
"I felt like it was a real kick in the ass," Sword said. "All of a sudden I'm getting that bill in the mail. I opened it up and said 'well, this isn't a cheque for three hundred bucks."
When told he would be charged 12 per cent interest if he didn't pay the remainder he owed on time, Sword sent the money - and the ad.
Sword admitted he never asked about the free initial consultation when told he would have to pay $300 up front and has not talked to the firm about the issue. He went to Heather Sadler Jenkins after another law firm told Sword he would have to pay $6,000 for a lawyer to take on his case.
He also later went to another Prince George law firm where he learned they only give free initial consultations for bodily injury and family law matters and that he would have to pay a large retainer. Sword is looking to the B.C. Human Rights Tribunal as possibly a less-expensive next step.
