WHAT IS "VALUE BILLING" FOR LEGAL FEES?
We understand that lawyers are useless if no one can afford them. We get that retaining legal expertise can require resources that may be tight. We hear from our clients that fee predictability and assessment of legal fee value is important.
We focus on Value Billing, not endless billable hours which encourage inefficiency. The goal of Value Billing is to achieve an optimal result for every client, at an affordable price that is consistent with the amount of real effort required to achieve that result. We offer block fixed fees whenever possible to give clients budget predictability, and to permit them to weigh whether using a lawyer is worth it as compared to the personal or business importance of a matter. We welcome client enquiries about projected legal costs for any matter, and will discuss fees with you during or soon after your first without obligation contact with the firm.
We strive to take the mystery out of fees by publicly positing numbers and typical ranges of fees so as to provide value & transparent billing to all prospective clients. Harmonized Sales Tax is applicable to and in addition to most fees, and disbursements like copies, couriers, and experts are also extra.
Fees below are only samples; you should enquire for fee quotes on your specific situation and for matters not listed.
WHAT ARE BLOCK LEGAL FEES & WHEN ARE THEY THE BEST VALUE?
Block fees are flat, fixed in advance, and are usually possible for most solicitor non-court matters like real estate, wills & estates, corporate-commercial files, immigration and even for some barrister court matters like criminal defence cases, administrative tribunal hearings, and appeals or judicial reviews. Ultimately block fees represent a conversion of predicted average hourly time to be spent on a type of file, but offer the client fee certainty.
Block fees will usually include any travel costs, making it possible to compare our firm to local counsel regardless of where your legal matter arises. You may find our fees highly competitive because of our not being hampered by big-city downtown overheads, so that more of your dollars go directly towards providing you with the legal services you need.
Complimentary Initial Evaluation
While many firms offer paid “consultations,” we find that unfortunately the long factual histories and legal complexities of many legal matters don’t lend themselves to short simple answers such as could be produced in a brief consultation. Instead, we offer you a complimentary evaluation of your case to determine if we are able to help you with it, and how much that might cost.
Thus you’re welcome to contact us without fear that you’ll be billed from the moment of that first contact. We may ask you for all your court documents if there are any, or a written summary of your situation. From that, we’ll attempt to determine if and how we might be able to advance your interests, and the resources required to do so.
Please note that you won’t be receiving formal legal “advice” as part of the evaluation, as we can only provide advice to our clients who have formally retained us. But the results of the evaluation would hopefully permit you to determine if you would like to retain us, or if you should continue to seek out other counsel.
For highly complex legal issues requiring extensive legal analysis and research, we may suggest that your best value would be to retain us for a formal written legal opinion, which would provide us sufficient time to give you a detailed answer and proposed solutions to your legal problem.
Consultations
Where a formal initial consultation may be appropriate to assist you with your matter, we offer a flat fee of $375 which represents a discounted block fee. Through a consultation you would be a client of the firm, and would receive formal legal advice.
Wills and Estates
Couple's Wills, Powers of Attorney & Powers of Attorney for Personal Care Package: $999 and up. Packages for individuals starting at $850.
Estate administration: fees will depend on complexity and value of estate.
Criminal Defence Fees
Many clients are surprised to learn that criminal defence services may offer the best value of any legal service involving court, as one can often predict in advance how much effort will be involved and thus offer a flat block fee for the entire case, where typically the prosecuting Crown will respond in predictable fair ways and the Crown’s goal won’t be to waste your money in the hopes you give up (which can unfortunately be the legitimate goal of opposing parties in civil and family litigation). Typically, simpler criminal cases involving extensive case analysis, disclosure review, resolution negotiations with the Crown and Court, and all required court appearances will involve fees around $5,000.
Staged block fees are usually able to be offered, with an initial resolution fee (including all court appearances, document analysis and negotiations), and a later trial fee if required, plus an optional bail fee. Summary Conviction Offence resolution fees are typically under $5,000. Indictable Offence resolution fees are often under $10,000, except for those cases involving more lengthy preliminary inquiries. Trial fees are typically $ 10,000 to $15,000 in addition to the resolution fee, except for very complex cases where extra days in court will start at approximately $3,000 per day depending on the assigned lawyer, and whether or not daily preparation is included. Sometimes clients will be offered a combined resolution and trial fee, depending on the circumstances. The most complex cases will need to be billed hourly.
Appeals (Civil, Criminal & Family), Judicial Reviews & Applications for Leave to Appeal Fees
The costs of appeals of trial court judgments vary depending upon the court the appeal is in, the complexity of the trial evidence (such as volume of exhibits and number of days of transcripts) and issues involved. Fees for appeals typically start at $15,000 as a flat block all inclusive fee, with $25,000 - $30,000 being the most typical appeal cost for all but the most complex of appeals.
Motions related to appeals, such as for a stay of the trial judgment pending appeal, are at extra cost, typically being between $5,000 and $10,000, depending on whether they will be heard at the same time as the appeal or prior to the appeal before a different panel of the court, as well as the complexity of the motion. Some complex motions may cost more.
Fees for appeals, judicial reviews and applications for leave to appeal mostly depend on complexity and thus time required to develop compelling appeal arguments and materials, rather than upon the specific court the matter is proceeding in. We regularly conduct appeals, judicial reviews and applications for leave to appeal before the Ontario Superior Court of Justice, Ontario Divisional Court, Court of Appeal for Ontario, Federal Court, Federal Court of Appeal, and Supreme Court of Canada.
Applications for leave to appeal and judicial reviews will usually fall on the lower end of the fee scale because they are typically less complex due to a simpler procedural history, and perhaps only a couple of days (if any) of court transcripts to deal with. Substantive appeals of very short trials or motions would be next up in the fee schedule. Appeals of lengthy trials where evidence stretched over many weeks, and documentary evidence ran into the hundreds and perhaps thousands of pages, would be most costly. Appeals of highly complex technical legal issues, like constitutional law issues or cases before the Supreme Court of Canada involving Canada-wide and possibly international legal issues would also be more resource-intensive.
But we can always provide you with a fixed fee written quote upfront for appeal, judicial review and application for leave to appeal fees.
Supreme Court of Canada Leave to Appeal Applications & Appeals Fees
We charge a flat block fee of $15,000 plus HST and disbursements for all SCC leave to appeal applications, including drafting all required evidentiary record and memorandum of legal argument materials. Should we be successful in securing leave to appeal, the preparation and argument of the actual substantive appeal is at an additional fee, usually starting around $20,000 plus HST and disbursements depending on the complexity of the case. These are the most complex appeals anywhere in Canada, however we endeavour to always offer our clients value and efficiency in the preparation of materials which maximizes their prospects of success.
Immigration Legal Services Fees
While immigration like other fees can vary depending upon personal case circumstances, usually we are able to offer flat block fees that don’t incur hourly charges, such as:
Spousal & Family Class Sponsorship: $6,500
Canadian Citizenship Confirmation: $2,500
Application for Criminal Rehabilitation or Temporary Residence Permit: $7,500
Immigration & Refugee Board Hearing Representation (Ottawa, Montreal or Toronto): $9,500
Federal Court Application for Leave to Pursue Judicial Review for Immigration or Citizenship: $7,500 (additional fees of $7,500 apply if case proceeds to full hearing after leave granted)
WHEN ARE HOURLY LEGAL FEES BETTER VALUE?
Hourly fees may represent the best value over block fees for clients when the amount of work is unknown at the start of a case, like for business or family disputes which might be resolvable without litigation, or where a case may settle at one of many stages in a litigation process prior to trial. Just as with block fees, our hourly fees may be more competitive than urban downtown lawyers because of our lower overhead whose savings we can pass onto clients who will still receive the benefit of all the firm's experience including the Senior Barrister having practiced in many of Canada's major cities including on Bay Street.
When shopping for legal counsel you should focus on the overall “value” and related "extra" costs of legal services you're considering, rather than solely on whether one lawyer is $25 an hour (or even $100 an hour) cheaper than another lawyer. If that cheaper lawyer bills 50% more time for the same end work product, then there hasn't been any client value achieved in going with a lower hourly rate.
Senior Barrister Gordon S. Campbell’s Hourly Rates: $395/hour; Up to Half Day Court Hearing or Examinations $1580; Up to Full Day Court Hearing or Examinations $3160. Some matters will be solely billable at the Full Day Court Hearing rate for court appearances, whereas other matters won’t even incur the Half Day Court Hearing rate for more minor appearances, and yet others may incur court appearance rates that include same-day preparation at a higher overall rate but potentially better client value as there won’t be extra preparation charges. Please contact the firm for a quote on your particular type of case.
The reason we (and others) need to charge half and full-day rates for court & examinations (except for some criminal cases) is that nothing else can be scheduled during those special times reserved for your hearing.
Senior Solicitor Matthew Maclean & Associate Lawyers’ Hourly Rates: $325 - $375/hour.
Law Clerks’ Hourly Rates: $125/hour (a Law Clerk may provide you with the best value for certain portions of your matter when you don’t need the expertise of a lawyer, and will always be under the direct supervision of a lawyer).
Articling Students’ Hourly Rates: $95/hour (Articling Students can provide excellent value, as they will have their legal academic training already completed, but just won’t yet have been called to the bar, and like Law Clerks will always be under the direction supervision of a lawyer).
Below you will find typical hourly fee ranges for completion of a mandate on an hourly basis broken down by type of case.
Indigenous and Aboriginal Law Advice & Litigation Fees
All Indigenous and Aboriginal law matters are billed on an hourly basis, with Gordon Campbell’s time at $395/hour and our Law Clerk’s at $125/hour, plus HST and disbursements. The firm attempts to minimize any travel charges for Indigenous and Aboriginal law matters, and may be able to only charge for travel disbursements and not for travel time, or charge travel time at a significantly discounted rate, depending upon the needs of the client. We recognize that in-person service for Indigenous peoples involving Indigenous and Aboriginal law matters is important, which is balanced with the use of technology to provide some services remotely to control any travel costs, while others would be at a controlled cost in-person.
We work with clients to develop realistic Indigenous and Aboriginal law litigation budgets, as if such cases have any hope of being successful they unfortunately require extension preparation and argument, including lengthy amounts of time in court in order to build the factual and legal foundations necessary to a winning case. We’ll be frank in our opinion as to whether an available budget may lead to a reasonable prospect of success in Indigenous and treaty rights claims, or other administrative and private or public law matters involving Indigenous peoples.
Civil Superior Court & Federal Court Litigation (Actions and Applications) Fees (including Business, Property & Estate disputes)
Civil “Applications” such as to determine property rights are less expensive procedures typically incurring $20,000-$30,000 and up in hourly fees (depending on complexity of case, number of documents, and number of witnesses), where cross-examinations on affidavits are possible and legal arguments can become complex, but there is no actual “trial” thus the substantive in-court hearing for argument usually doesn’t last more than a day. Court hearings deciding the merits are possible in months, rather than the years civil actions take. However, monetary “damages” for a loss may not be sought in an Application.
The hourly fees incurred in a civil “Action” depend on how far down the road the matter makes it towards a trial, which could be four or more years in the future from the start of the case, including how many procedural steps like drafting a statement of claim or defence, documentary discoveries, oral discoveries, trial management conferences and motions are dealt with prior to trial, and how many actual trial days with live witness and exhibits take place. An Action that makes it to trial may incur $100,000 or more in legal fees, depending upon complexity of issues, volume of evidence, number of witnesses, and number of trial days. Thus lower value claims - even those significant exceeding the $35,000 Small Claims Court limit - might be better brought in the Small Claims Court because of dramatically lower legal costs to get those claims to trial.
We will always be frank with prospective clients on whether their potential legal costs to get a case to a hearing or trial could exceed the monetary value in dispute in the case. Not that we do not work on contingency, particularly for personal injury matters there are other law firms throughout Canada who will take on contingency cases.
Professional Conduct Fees
All professional conduct matters are bill on an hourly basis, with Gordon Campbell’s time at $395/hour and our Law Clerks at $125/hour. Most professional conduct matters can be resolved with manageable fees, as very few proceed to full blown contested hearings with live witnesses, which tend to only occur in the rare instances when a regulator is seeking to permanently revoke the professional accreditation of the responding professional.
Military Law Advice & Litigation Fees
Military law matters are always billed on an hourly basis, with Gordon Campbell’s time at $395/hour, our law clerk’s at $125/hour, plus HST and disbursements, however for some matters like opinions, judicial reviews or appeals, the firm may be able to offer a flat block fee. The firm attempts to minimize any travel charges for military law matters throughout Canada, and may be able to only charge for travel disbursements and not for travel time, or charge travel time at a significantly discounted rate, depending upon the needs of the client. We recognize that in-person service for military law matters is important, which is balanced with the use of technology to provide some service remotely to control any travel costs.
Small Claims Court Actions Fees
Small Claims Court matters are always billed on an hourly basis, as like other trial level civil litigation it is difficult to predict in advance how much effort will be required to bring a Small Claims Court case to a conclusion, and it will be the best value for clients to only pay for the services they actually need. Small Claims cases typically cost $5,000 to $10,000 (hourly costs will be less if the case settles prior to trial, and greater if multiple days of trial are involved). It may be possible to claim a portion of the costs back from the opposing party.
We are also willing to offer hourly unbundled legal services for Small Claims where we will just draft the claim or defence, or just attend for the settlement conference, or just conduct a motion, without formally getting on the record for the entire proceeding, thus significantly reducing legal costs for litigants who want to do some of the Small Claims process themselves.
Tax Court of Canada Appeals Fees
Hourly fees of $20,000-$30,000 and up are typical for Tax Court of Canada appeals. Although these are called "appeals" their procedure is similar to a multi-stage Superior Court action with documentary and oral discoveries leading to a live witness contested trial, thus we need to charge fees by the hour rather than being able to quote a block fee as we do for regular types of appeals given we can’t predict in advance the number and complexity of each required step in the appeal process.
We find Tax Court cases are often capable of being settled after oral discoveries, where the appellant and the Department of Justice representing the Canada Revenue Agency will have revealed the relative strengths and weaknesses of their respective cases, which will avoid the fees incurred in going all the way to trial. Though even for Tax Court appeals proceeding to trial the trials typically don’t last longer than a couple of days, so trial costs can be manageable; the expense usually lies in how complex the documentary record is, and whether external expert accountants need to be retained to provide testimony about the taxpayer’s true tax position.
Family Law Separation Agreement Fees
Hourly negotiation & drafting costs are usually under $5,000 for a family law separation agreement, depending on complexity and level of collaboration between the parties, though costs can be significantly increased by protracted negotiations or very complex situations such as where complex child custody arrangements are required, there is a high net worth of assets or support claims, or cross-border (international or intra-provincial) issues are engaged. Drafting and filing for divorce is an additional (but lesser) cost.
HOW WE AVOID CLIENT BILLING SURPRISES & REDUCE COSTS ON FEES/DISBURSEMENTS
We use written retainer agreements or engagement letters to avoid any later misunderstandings between lawyers and clients concerning the work to be undertaken for the quoted fees. We regularly keep in touch with clients about the status of legal fee accounts so that no one receives an unanticipated significant statement of account. We pride ourselves on fee transparency.
We minimize or eliminate travel costs by adopting leading legal information communication technology and staying in constant contact with clients. We make the travel that does happen as efficient as possible due to our familiarity with the legal landscape throughout Ontario and Canada since we've worked in every province and territory. We minimize out-of-pocket disbursement expenses for clients to the greatest degree possible, and only charge back to clients what disbursements are directly costing the firm without any markup.