A contract lawyer must notify Legal Aid BC of any changes to the client’s financial situation in accordance with the LABC Tariffs — General Terms and Conditions. If LABC determines that the client is no longer financially eligible, the financial review and collections coordinator will give the contract lawyer written authorization to convert to a private retainer.
We recommend that you have a retainer letter with the client that addresses the possibility of conversion to private retainer and sets out the rate that you’ll bill privately if the matter is converted.
If a contract lawyer can’t negotiate a private retainer with a client, and withdrawing from the contract would amount to a breach of the Law Society of BC’s Code of Professional Conduct for British Columbia (Chapter 3), LABC may allow a person who is otherwise not financially eligible for legal representation to continue to receive legal aid until the end of the contract or until it’s permissible for counsel to withdraw.
You mustn’t bill a client privately on any matter related to the case specified in a contract without prior written authorization from LABC.
