Tuesday, February 17, 2009

Legal Aid Rates vs. private practice rates

The most legal aid will pay for indigent accused charged with the most serious of crimes in less than $100/hr. Presumably this suggests that, say, sexual assault, is worth no more than an eighth of a civil fraud?

That said, in a free market a lawyer should be allowed to charge whatever the market will allow; but that comes with the reality that normal people would never even dream of paying $850/hr for legal services. Outside the big Toronto firms a very senior lawyer might charge $425/hr for commercial clients and ordinarily such lawyers would have reduced rate for clients who cannot afford such a rate.

Law firm bills Ontario up to $850/hour
TheStar.com - Ontario - Law firm bills Ontario up to $850/hour

Fees on motion offer small peek into government's controversial costs for legal help in nine-year case

February 17, 2009
Tony Van Alphen
BUSINESS REPORTER

Outside lawyers billed the Ontario government and taxpayers up to $850 an hour for work in the province's long-running civil case concerning corruption allegations at its real estate arm, court filings reveal.

Top lawyers at WeirFoulds, which represented the government in litigation involving Ontario Realty Corp., charged between $250 and $850 an hour in ringing up a bill of more than $52,000 on a single motion during 2007, according to the firm's own submissions.

The submissions disclosed four lawyers and three other staff members worked almost 115 hours in preparation and attendance on what one judge called a "straightforward" motion.
A schedule of fees from WeirFoulds showed lawyer Bryan Finlay charged an "actual hourly rate" of $850 for 10 hours of work or $8,500 while colleague Ken Prehogan submitted a rate of $575 for 18.2 hours of duties or $10,465. Both lawyers are senior partners at the prominent Bay Street law firm.

Lawyers with other top Toronto firms say $850 an hour may be somewhat high, but not out of the ordinary if particular case work requires more expertise. But they did question whether it was justified to use senior staff and so much time on such a motion.

4 comments:

Anonymous said...

This assumption is amusing: in a free market a lawyer should be allowed to charge whatever the market will allow; but that comes with the reality that normal people would never even dream of paying $850/hr for legal services.

I find the Justice system to be one immense self-serving racket...

What other industry has a whole government infrastructure build around it that is paid by the taxpayer? I'm talking not only the courthouses, judges, court reporters and all that goes with that, but also of the less visible but important corporate side, application of the law (police, municipal and various other levels).

It's not wonder that some regard lawyers as parasites...

And lets talk about "effectiveness" of lawyers. In a free market, we would have more choice. Lawyer fees are rather homogenous across the board - no matter how good (or bad) the lawyers are. It kind of reminds me of doctors...
Now, with lawyers, it seems that their goal is not justice or the truth or even getting quick resolutions. They seem to drag out everything, milking their clients.
Yes, clients can change lawyers, but it usually delays and does not always look good in the eyes of a Judge...

As for legal - who qualifies? And what kind of lawyer to you get?

Many of the "things" that lawyers charge for are really copy-paste jobs....

Nice work if you can get it...


not all lawyers are parasites, but.....

Anonymous said...

Why didn't the goverment use their own lawyers for this matter? The province does have its own in-house legal department, right? Why farm this out?

James C Morton said...

WTF, you make a very good point. While I am not thrilled with it, you are right that lawyers work in a highly subsidized system. As for ANON, not only does the Province have their own in house lawyers *and good ones* the in house guys actually did the trial.

Oemissions said...

So much for wage equity,hey?
That's along ways from minimum wage.