When choosing a personal injury attorney to represent you, one of the most important questions that you can ask is how he or she expects to be paid. The answer to this question will obviously impact whether or not you will be able to afford the lawyer in question.
Some lawyers charge an hourly rate. In fact, outside of personal injury law, this is how most lawyers charge for their services. A lawyer who charges by the hour will typically ask a client to pay a retainer fee, which will remain in the lawyer’s trust account until the lawyer has performed some or all of the services she was retained to perform. She will then pay herself from the retainer in the trust account. Be aware that a retainer fee is not necessarily an estimate of the total cost of services to be performed by the lawyer. In many cases, it should be considered more like a down payment, and you should expect to be asked to top up your retainer as your lawyer continues to work on your file.
Many personal injury lawyers are paid on a contingency basis. This means that your lawyer only gets paid if and when you win or settle your case successfully. Your lawyer then receives a percentage of your award. If you decide to retain your personal injury lawyer on a contingency basis, the particulars of your agreement, must be set out clearly in writing, including the particulars of how the lawyer’s fee will be calculated. If you disagree with the way in which your lawyer calculated his or her fee after your case is complete, you may ask the court to review your lawyer’s bill.
Some lawyers will take your case on a pro bono basis. This means that the lawyer will not charge you for their services. A lawyer may be more likely to take your case on this basis if your case will have a high profile or is likely to be appealed to the Supreme Court of Canada. In these circumstances, your lawyer may be gaining some excellent experience or publicity from taking your case. Large firms often take a certain number of cases per year on a pro bono basis, but smaller firms or lawyers practicing on their own will seldom be able to afford to do so.
You may have an option regarding how you will pay your personal injury attorney. Be sure to ask questions and read your retainer agreement carefully so that you understand how your legal fees will be calculated.
