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| Personal Injury | Disability Insurance |
| Employment Law | Civil Litigation |
| Real Estate | Family Law |
| Mediation | Corporate and Commercial |
| Criminal Law | Wills and Estates |
Personal Injury Litigation
There is no charge for initial case evaluations which may involve telephone consultations and/or meetings.
Legal Fees are normally charged on a contingency basis, i.e., as an agreed upon percentage of the settlement collected at the conclusion of the case. The contingency fee percentage is usually no less than 20% and no more than 30% depending upon a number of factors. These include; the type of case; the expected amount of time and expense required to pursue the claim; the probability of recovery, and; the estimated amount of the potential settlement. Aylward, Chislett & Whitten, in most cases, pays for such expenses as medical evaluations and reports and court filing costs. These are usually recovered as part of the settlement at the conclusion of the case.
Occasionally a client changes law firms during an ongoing case. In these situations an agreement is usually reached between the two law firms as to how fees will be charged. In some cases the first law firm will accept a specified amount for work and expenses incurred prior to the change. In other cases an agreement is reached to provide for a pro-rata division of the contingency fee based upon time spent by the respective firms.
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Disability Insurance
In appropriate cases, the fees for these services may be charged on a contingency basis. In other cases, mutually agreed arrangements can be made for the payment of fees. See for example, the fee arrangements outlined under "Civil Litigation."
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Civil Litigation
Fees for litigation services are subject to agreement between lawyer and client. Standard billing arrangements include:
- Contingency fee based on outcome
- Hourly rate of the lawyer providing the service
- Billing on a predetermined basis for each stage in the litigation process
- A blended fee arrangement based on one or more of the above with a cap on legal fees set in reference to success of litigation
Real Estate
The legal fee for real estate transactions (sale, purchase and/or mortgages of house) is usually specified amount which is discussed at the time we are retained. The fee in most cases will range between $300 and $800. There are other significant expenses involved in real estate transactions in addition to the lawyer's fee. These include Registry of Deeds fees, Government clearance certificate and search fees. We are generally able to calculate expenses these when we are asked to quote the cost of handling a real estate transaction.
Legal fees for the preparation of a lease are subject to mutual agreement. Legal representation on commercial leases generally cost between $600 to $1,500.
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Family Law
Legal fees for family law matters are normally billed on the basis of the lawyer's hourly rate. During our first consultations with you will provide an estimate of the expected total costs. We will also identify factors that may affect the time required and eventual cost. A retainer is usually required from the client at the outset of a family law matter. This money is deposited in the law firm's trust account and used to pay for costs and fees as they are arise. In some family law cases where a lump sum settlement is sought we are able to work for you on a contingency basis similar to that available in personal injury cases (see above).
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Mediation
Fees for mediation services vary depending on the complexity of the matter, the amount of preparation work necessary and the time required. During our first consultations with you we will provide an estimate of the expected total costs. We will also identify factors that may affect the time required and eventual cost. The cost of mediation is normally shared equally by the parties to the mediation.
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Corporate and Commercial
Fees for incorporation are generally $300. For companies involving more than one shareholder, it is often appropriate to have a shareholder's agreement and a buy-sell agreement (including a provision for the death of a shareholder). The fee for such an agreement is generally between $800 to $1,500. Fees for other corporate and commercial services are subject to mutual agreement.
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Criminal Law
The normal range of fees for a trial on basic criminal charges such as theft, assault, break and enter, drinking and driving, possession of drugs is between $800 to $1,500. The services include interviews with client, witnesses, review crown disclosure, court appearances including first appearance, appearance to set date, trial, verdict, submissions to Court, and, if required, sentencing.
The ususal fees for a sentence hearing is between $400 to $600. Services include meetings with client; interview and obtain client references and other witnesses; 2 court appearances; review crown disclosure and victim impact statement; advising you of potential defences to the charge; communications with crown counsel including discussions to achieve reduction in charge to less serious offence; research; and submissions to Court.
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Wills and Estates
The cost for preparing a will normally ranges from $150 to $300. This cost is the same whether the will is prepared for a single person or a couple. The fee is generally $300 if the Will requires long-term planning for young children.
The cost for preparing a power of attorney and an advanced health care directive are $75 if these documents are prepared at the same time as the will.
The legal fee for the probate or administration of an estate normally ranges from $300 to $800 depending upon the amount and complexity of the estate.
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