Keep the Change

In 2000, unbelievably, I was terminated from a highly unionized workplace. When the final axe fell, the Union completely washed its hands of me.

Thankfully, their abandonment released me from all union obligations, and I was free to seek my own legal counsel. I searched for a lawyer who would represent me on a contingency basis.

“Yes, I can represent you,” the senior partner warmly agreed.

As months passed, I was bumped over to his junior and later, to a new third partner.

Dutifully, I stroked a $400 cheque. Paperwork must be filed for each court proceeding.

In contingency work, the client provides a pool of money from which court fees are to be paid. I kept a copy of the cancelled cheque.

Intuition spoke again, as I met dozens of times with Sr.

Repeatedly and politely, I asked Sr. to produce a written document to formalize our verbal contingency agreement.  He cheerfully agreed and said it was on its way.

Intuition whispered again.   

Shaking myself free from unwritten childhood rules that “others know best”, I wrote the agreement. Guided by pure logic and strong writing skills, the letter contained the details Sr. and I discussed at nauseam. It included succinct appropriate legal disclaimers.

I sent it via registered mail, so Canada Post could verify the law firm received it.

The wheels of justice grind slowly. I had done all I could do. That career was over. I went back to school and moved on with life.

Four years later Sr.’s law firm phoned. The message was simple. “Your case has been thrown out of court on a triviality. The case is over.”

I slumped. I cried. I called a friend. And I went back to cutting grass.

My zest for seeking justice had been replaced by the reality that David seldom wins against Goliath.

Besides, I was on a new path. In my head I conceded defeat. Goliath won.

My spirit changed a week later when I received an invoice from Sr.’s law firm stating I owed them over $10,000.

The invoice listed dates of meetings with vague one-line descriptors of work supposedly completed by the firm.

With an upbeat tone, the letter said, “If you pay in full by the end of the month, we can reduce this amount by 10%.”

Panic consumed me. 

Lightning struck a day later.

Wait a minute. Didn’t I write a Contingency Agreement?

Scurrying to the basement, I returned in minutes with what I had written four years earlier. I compared my original letter and receipt with Sr’s latest invoice.

Of the $400 fee I had paid, $368.14 had been used up by court fees. This meant the law firm owed me $41.68.

I laughed. 

The next day I mailed copies (via Canada Post registered mail) of the receipts for my cancelled cheque, the court fees paid and the original contingency agreement.

Simple math clearly showed the law firm owed me $41.68. 

To close the letter, I boldly stated the obvious. “It appears your law firm owes me $41.68.  Under the circumstances, keep the change.”

Sr.’s reply letter arrived a week later. It contained a hard copy receipt for $41.68 and ended with “Thank you for the tip.”

People, we live in a democracy. We have been taught to read and write. We have multiple ways to obtain relevant information. Get clear about what you need. Then go get it.

Our democratic society allows us to exercise our rights.

Embrace and exercise that right.

Stand Tall!