Canadian Lawyer

June 2009

The most widely read magazine for Canadian lawyers

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separation agreements, residential real estate sale and pur- chase, and complex wills. Comparatively speaking, Ontario fees in almost 55 per cent of the categories have been reduced. Meanwhile, more than 60 per cent of Ontario lawyers responding to the survey say they will reduce or keep fees the same in 2009 from the previous year. "Th ere is always another lawyer willing to do the work for less . . . [it's] diffi cult to keep fees at a reasonable level and remain competitive," says one survey respondent. While another respondent noted, "fees are all over the map. It's more client dependent than anything else. Some cli- ents want and can pay for Cadillac service and get it, others want and can pay for something else." Even though the fees were lower in the 2009 survey com- pared to those in 2008, there are some lawyers who believe the cost of legal services is still too much. And that is not simply a HOURLY RATES (Average) National Atlantic-Quebec Region Ontario Western Region 0-4 lawyers in fi rm 5-25 lawyers in fi rm 26+ lawyers in fi rm Year of Call function of what lawyers are charging per hour. "It makes me heartsick to see clients spending $50,000 to settle custody ac- cess and very small property claims (under $20,000)," says one respondent. "I charged $200 per hour on that fi le, and it still was through the roof." Respondents also said they off er fees with a client focus, and diff erent approaches to billing, including blended rates and fi xed fees. "We off er contingent fees, fi xed fees, and com- binations of hourly rates and bonus billing. Th ey are off ered to convenience the clients," says one respondent. "Ninety fi ve per cent of the time I quote block fees; most of my clients prefer that to hourly rate," says another respondent. Th e client focus can also mean charging certain rates based on a client's economic situation. "I sometimes discount my rates for those of modest means. I block fee divorces," says one lawyer surveyed. 2008 $231 N/A* $281 $338 $223 $200 $254 NATIONAL FEE RANGES SAMPLE SIZE 193 MIN Civil Litigation Corporate Criminal Family Civil action trial (two days) Civil action appeal only Secured fi nancing agreement Simple, small business incorporation Simple prospectus Summary criminal off ence (one day) Bail hearing Criminal off ence (one-day trial) Uncontested divorce Contested divorce Seperation agreement Immigration Intellectual Property Real Estate Child custody and support agreement Work permit Spousal sponsorship Skilled worker application Simple patent application Simple trademark registration Patent audit Residential real estate purchase Wills and Estates Residential real estate sale and purchase Commercial property purchase Commercial lease agreement Simple will Complex will Power of attorney Probate $13,983 $10,540 $1,133 $859 $11,880 $2,759 $850 $3,010 $1,135 $6,368 $1,186 $1,464 $1,385 $2,167 $2,323 $5,800 $1,483 $3,042 $690 $1,140 $2,634 $1,289 $308 $684 $157 $1,574 2004 $278 N/A* $324 $368 $258 $244 $319 1999 $365 N/A* $382 $467 $363 $336 $397 * Insuffi cient response from Québec and Atlantic Canada to include in the survey. MAX $54,659 $38,228 $5,191 $3,544 $54,880 $7,552 $2,578 $8,236 $2,218 $51,330 $5,574 $7,446 $3,710 $4,256 $4,709 $24,356 $4,573 $22,000 $1,769 $2,212 $26,727 $7,821 $699 $3,202 $329 $5,924 www. C ANADIAN www. C ANADIAN Law ye rmag.com AVG $29,436 $18,737 $1,663 $1,030 $14,014 $4,194 $1,215 $4,808 $1,342 $12,562 $1,830 $2,285 $2,138 $2,465 $3,200 $7,833 $1,950 $6,500 $846 $1,274 $3,933 $2,111 $370 $1,161 $194 $2,473 JUNE JUNE 2009 33

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