One of the top 10 questions we get at LawOne is “How much will it cost me to hire a lawyer to do X, Y or Z?”  Sadly, there is no single magical price list for legal services. This is not necessarily a bad thing – it just means you need to take the extra step to clarify how and what you will be charged for the legal services you are requesting.  Each lawyer makes their own decisions about what they will charge for their services and whether they will offer flat fee or alternative billing models or charge an hourly rate.  Some lawyers do offer a free consultation (usually for a set period of time) but many will not do this over the phone.  Some lawyers also offer contingency fee billing arrangements which are common in personal injury cases.  In a contingency fee case  a lawyer waits to collect legal fees until the case has been resolved and the fee is a percentage of the settlement amount.

Many people are intimidated to ask about legal fees.  Don’t be.  Lawyers are service providers and they know that clients need this information to make decisions.  Lawyers will do their best to provide you with an accurate estimate of what it will cost to hire them.  However, you need to be aware that until a lawyer has had a chance to talk to you and review the facts and evidence related to your situation it will be difficult for him or her to tell you what it’s likely to cost you to resolve the matter.  Often lawyers will give you a range or they may ask for a retainer to assess the case and take some preliminary steps.  The amount of the retainer requested can range from $500 to $5000 or more depending on the complexity of the issue and what is at stake.

A retainer is a specified amount of money that you pay to a lawyer that is placed in the lawyer’s trust account and which the lawyer may then draw on as work is completed.  You will know when this occurs because before a lawyer may withdraw trust funds to pay their accounts they must provide a client with an invoice that itemizes the work done and the fees charged.  They must also provide you with an opportunity to “question the bill”.  Also, if your lawyer is able to complete the work for an amount of money less than the retainer the remainder is returned to you.

The bottom line is that it is best to be straightforward about legal fees.  If you are concerned or need confirmation on a charge or whether there is going to be departure from the original estimate…ask about it.  Your lawyer should not be offended or upset – they know you do not have unlimited resources and need certainty.  You can also take steps like asking your lawyer to contact you when you have used up a certain amount of your retainer, request that you be billed monthly or that you be advised if it becomes apparent that developments in your case are going to affect the original estimate for legal fees.

Step #1: find out if you qualify.  If not, there are still options.

We often get people calling LawOne who tell us they need a “Legal Aid lawyer.”  Many lawyers do take legal aid cases but it is not a mandatory requirement.  However, before you can start making inquiries you will need to make sure you qualify for legal aid.  Qualification is based on financial circumstances and several other factors.

Legal Aid is a program operated by the Legal Services Society. The LSS website provides some guideline information on financial need to help you assess whether you qualify but there are other considerations so it is best to visit the legal aid office closest to you and talk to a trained Legal Aid intake assistant to see if you qualify.

Some of the things that may be covered by legal aid include:

• Criminal charges (Note: Recent cuts have meant that less serious offences including breach of probation, breach of bail, motor vehicle offenses, and failure to appear in court are no longer covered).

• Mental health and prison issues

• Serious family problems

• Child protection matters

• Immigration problems

Even if you aren’t eligible for legal aid you may still be able to get help through the legal advice and legal information programs offered by the LSS.  You can find out more about these programs by visiting the LSS website or clicking on the highlighted links in this post.