QUICK TAKEAWAY
Understanding Legal Fees : There is no simple answer to what it costs to retain a criminal lawyer since there are numerous factors that can come into play. The two main ones are the lawyer’s experience and the complexity of the case. In all instances, your lawyer is working to defend your reputation and liberty, concepts that are difficult to put a value on. You will likely be asked to sign a retainer agreement and agree to a flat fee. Low-income Canadians may qualify for Legal Aid.
Table of Contents:
What is a Retainer?
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.
What are Flat Fees?
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.
Experience is Valuable
When assessing a Criminal lawyer’s fees, nothing is more important than experience. Knowledge and experience are valuable tools when defending clients, and a competent lawyer can charge a higher rate than someone new to the profession. Law students and graduates are versed in the Criminal Code and legal precedents, but only when they actively work as defence lawyers will they understand how complex the law can be. Some provincial law societies suggest rates that lawyers should charge for their services. The Law Society of Ontario guideline states that a lawyer with more than 20 years of experience should charge more than twice as much as someone in their first year of law.
Seasoned criminal lawyers have also developed relationships with Crown prosecutors, judges and court staff. This familiarity benefits their clients, as they have already earned the respect of the court. In many instances, an experienced criminal lawyer can save you money as they can work with the Crown to settle, avoiding a costly trial.
Factors That Make a Criminal Case Complex
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 offenceIndictable offences are more-serious criminal offences or summary convictionUsed for lesser offences?
Expert Witnesses
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.
Qualifying for Legal Aid
To promote access to justice for the economically disadvantaged, 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 must be counted when determining an income level and what deductions are allowable.
As of this writing, in Ontario, the financial threshold in 2022 for a single applicant without dependents is $22,720 in gross annual income. In British Columbia, the upper-income limit to qualify for Legal Aid is $2,740 a month, or $32,880 annually.
Legal Aid covers the work of Duty Counsel. These are courthouses' lawyers who advise people representing themselves in court matters.
Glossary of Legal Terms
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
