Your legal costs will usually based on the number of hours worked each month on your file, including time spent preparing for court, attending court, negotiating with opposing counsel, preparing written argument, interviewing witnesses, and meeting and discussing the case with you.
My hourly fee, in most cases, is $185 per hour. My accounts are submitted and payable each month.
Along with my fees, you will also need to pay for direct expenses, also called disbursements. Typically, these expenses include the costs of printing and copying, couriers, and long distance telephone. Many cases also require more significant expenditures on travel (for instance, to attend court in communities outside Whitehorse), private investigation, and expert witnesses.
Like most lawyers, I work on a retainer basis. This means that you are required to pay an amount of money at the start of the case. The retainer is held in trust. Each month, the retainer is applied to my account. When you pay my monthly bills, the funds are used to replenish the retainer to the original amount.
The amount of the retainer will depend on the individual case. Typically it is about $3500.
Recovery of Legal Costs
You may be compensated for your legal costs if you win your case. However, full compensation is very rare. When recovery of legal costs is ordered, you normally receive only a portion of your costs. Roughly speaking, court-ordered costs may be about 30% to 60% of actual costs. In many types of cases, you cannot receive costs at all. This includes criminal cases and small claims cases. Respondents in human rights cases are rarely awarded costs, whether they win or lose (but successful complainants usually are).
Payment of the Opposing Party's Costs
If you lose your case, the reverse holds true: depending on the type of case, you may be ordered to pay some or all of the legal costs that were incurred by the opposing party.