Understanding Legal Fees

When you hire a lawyer to defend you against a criminal charge you will be asked to sign a retainer agreement. It spells out the specific legal services that are to be provided to you and the fees associated with them.

It will also detail:

• the rights and responsibilities of both the lawyer and client;
• the specific tasks the lawyer will perform;
• the retainer fee amount, if requested;
• what the lawyer will charge for their services, either in a flat fee or by the hour;
• the cost for work done by legal assistants or clerks on your file;
• how contact will be made between the parties;
• who handles court appearances;
• your responsibility for disbursements, or fees such as court filing fees or for an expert report; and
  the conditions the relationship can be terminated by either party.

Flat fees, also known as block or fixed fees, are commonly used by criminal lawyers instead of charging by the hour. The flat fee covers all services provided by the lawyer that lead up to the resolution of the case if the charges are dropped or if there is a guilty plea. If the case goes to trial, there will be an additional fee for that work.

It is difficult to predict how long a criminal case will take to resolve. If it drags on, block fees are fairer to clients since you will not be charged extra as you would if you paid an hourly rate.

Legal fees can vary based on the lawyer's experience, the complexity of the case, the urgency of the work, and whether the matter is likely to resolve or go to trial. Some provinces have rules or assessment processes for reviewing disputed legal bills, but those rules do not create one standard price for every criminal case. Before hiring a lawyer, ask what is included, how billing works, and whether the fee is flat, hourly, or based on stages of the case.

When deciding on what block fee to charge, a lawyer will consider a number of issues to determine how much work they are about to take on.

These might include:

• Is it possible to convince the Crown to agree to a disposition that is acceptable to you, or to withdraw the charges?
• What materials will the lawyer need to obtain and review in order to reach that resolution agreement?
• How many witnesses will testify?
• Will you testify and what preparation is necessary before that happens?
• Do you have a criminal record? If so, how will that affect the proceedings?
• Is the Crown proceeding by indictable offenceA more serious type of Canadian criminal offence. or summary convictionLess-serious criminal offences?

In some criminal cases, the testimony of an expert may be beneficial. For example, if you were charged for a crime where a handgun was discharged, a ballistics expert may be able to provide testimony that bolsters your statements in relation to the weapon used.

An experienced criminal lawyer will know various professionals who can give an expert opinion. Their testimony will enhance your credibility and encourage the judge or jury to better understand your arguments. These witnesses must be compensated for their time, resulting in an additional charge, unless this fee was built into your retainer.

To promote access to justice for people who cannot afford a lawyer, both the federal and provincial/territorial governments contribute to funding Legal Aid. Each province or territory administers the program with eligibility rules varying across the country, such as what counts as income and what deductions are allowable.

Income thresholds change regularly and differ across provinces. Rather than cite figures that can quickly go out of date, we encourage anyone who needs help affording a lawyer to contact their provincial or territorial Legal Aid office directly to ask about the current limits. In Ontario, Legal Aid Ontario can be reached toll-free at 1-800-668-8258. In British Columbia, the Legal Aid BC website at legalaid.bc.ca lists current thresholds and includes an online eligibility check.

Legal Aid covers the work of Duty Counsel. Duty Counsel are lawyers funded through Legal Aid who are stationed at courthouses to give free legal advice and assistance. In some provinces, including British Columbia, Duty Counsel is available to anyone at court regardless of financial eligibility, not only to those who qualify for ongoing legal aid representation.