Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m A P R I L 2 0 1 9 21 indicated their use of non-hourly billings or alternative fee arrange- ments are largely — 80 per cent — proactive, while 65.91 per cent of firms with five to 25 lawyers indicated that it was proactive. But the numbers were flipped for firms with 26 or more lawyers, with 70 per cent indicating the move was reactive. Certainly, clients are seeking increased value and look to lawyers and firms to find new avenues for delivering legal services, says Julia Valladao, division director at Robert Half Legal in Toronto, which offers legal staffing services. Clients seek cost predictability, which drives widespread adoption of non- traditional payment options, such as flat fees, contingency fees and subscription to ongoing services. She believes that the traditional hourly billing approach is being replaced by alternative fee arrangements, which may also include outcome-based performance bonuses, particularly for existing cli- ents. Flat fees negotiated to provide predictable pricing and working within a client's budget might also be arranged with hourly billing. "Law firms are trying to demonstrate the value that they provide to the clients and offer more flexible rates and innovative services to remain competitive. So, the smaller, mid-sized boutique law firms that can offer clients a lower bill rate are in a unique position to capture new business," she says. "It's rather critical for the competing firms to sort of streamline and enhance their own service offerings and the approaches they're offering to their clients . . . creating ways of being competitive as well." For Raymond Wagner's personal injury practice at Wagners, focusing on class actions, contingency fees are the natural go-to. Just the same, the Halifax lawyer has long called for the demise of the billable hour. He says it can prolong litigation through unnecessary motions and requests for additional disclosure and discoveries. "My argument always is . . . that the hourly rate should be dumped and you should really go to more of a contract billing model, similar to contingency fee arrangements, where success is measured in the time to achieve a result and the efficiency and the outcome all looked at as opposed to how much time you spent on a case," he says. In her Moncton, N.B. practice, Jo-Anne Moore has seen both a gradual decrease in the number of family law clients opting for litigation and an increase in the number of self-represented litigants, which has become a concern nationwide. As a result, she works hard to find solutions for her clients at Jo-Anne Moore Law Office and Mediation Services to help keep them out of the courtroom, including mediation and setting flat rates for predictable work. "There are some situations, for example, with a first motion in a family matter, I do ask for a flat fee . . . and I didn't do that before," she says. She has also introduced unbundled services, helping self- represented litigants with the process, filing forms and coaching them for court appearances, for which she charges an hourly fee. Moore says she tries to keep her fee reasonable, explaining at the beginning what is involved, how a retainer works and what the client might expect, and she tries to bill regularly, itemizing all the costs, so clients aren't caught off guard. She also found that giving discounts isn't a good business practice and has stopped doing that altogether. "In my [10-year] career, I've written off two bills. . . . I still bitterly complain about that, but it's not bad, all things considered." Self-represented litigants, who don't have a lawyer helping 1 YEAR OR LESS 1 to 4 lawyers $212.87 5 to 25 lawyers $188.03 Over 25 lawyers $184.56 Western $196.57 Ontario $211.60 Atlantic/Quebec $167.09 National $195.46 PRACTICE AREA Business Law $186.15 Civil Litigation $191.82 Criminal Law $210.77 Family Law $204.55 Immigration Law $137.50 Intellectual Property Law $200.00 Labour & Employment Law $200.83 Real Estate Law $212.32 Wills & Estates Law $213.17 HOURLY RATES 2 TO 5 YEARS 1 to 4 lawyers $253.37 5 to 25 lawyers $251.92 Over 25 lawyers $261.46 Western $260.07 Ontario $268.58 Atlantic/Quebec $197.92 National $257.39 PRACTICE AREA Business Law $250.85 Civil Litigation $253.18 Criminal Law $241.88 Family Law $251.10 Immigration Law $260.00 Intellectual Property Law $306.43 Labour & Employment Law $245.90 Real Estate Law $253.86 Wills & Estates Law $252.08 6 TO 10 YEARS 1 to 4 lawyers $315.66 5 to 25 lawyers $318.15 Over 25 lawyers $349.58 Western $330.56 Ontario $349.85 Atlantic/Quebec $229.88 National $331.34 PRACTICE AREA Business Law $328.95 Civil Litigation $311.66 Criminal Law $322.50 Family Law $321.67 Immigration Law $306.25 Intellectual Property Law $425.00 Labour & Employment Law $348.82 Real Estate Law $308.33 Wills & Estates Law $307.50 11 TO 20 YEARS 1 to 4 lawyers $348.82 5 to 25 lawyers $376.06 Over 25 lawyers $438.15 Western $375.38 Ontario $401.60 Atlantic/Quebec $286.40 National $379.59 PRACTICE AREA Business Law $371.50 Civil Litigation $378.91 Criminal Law $392.92 Family Law $349.54 Immigration Law $395.00 Intellectual Property Law $450.63 Labour & Employment Law $400.28 Real Estate Law $350.31 Wills & Estates Law $324.36 MORE THAN 20 YEARS 1 to 4 lawyers $415.50 5 to 25 lawyers $464.43 Over 25 lawyers $526.38 Western $439.25 Ontario $497.74 Atlantic/Quebec $348.43 National $452.72 PRACTICE AREA Business Law $435.09 Civil Litigation $475.28 Criminal Law $400.39 Family Law $430.90 Immigration Law $435.00 Intellectual Property Law $593.00 Labour & Employment Law $447.62 Real Estate Law $416.93 Wills & Estates Law $436.91

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