New Rules for Contingency Fees
Most people who hire personal injury lawyers choose to pay a percentage of the settlement to the law firm rather than paying an hourly rate. This is known as a contingency fee. Your contract with the law firm is called a contingency fee agreement.
Starting July 1, 2021, the Law Society of Ontario has required all law firms offering contingency fees to use a standard form agreement. In compliance with this requirement, Auger Hollingsworth has adopted the Law Society’s contingency agreement.
Under the requirements law firms must now:
-disclose the maximum contingency fee percentage charged in certain circumstances
-provide potential clients with the standard form consumer guide entitled Contingency Fees: What you need to know
-provide certain fee-related reporting to clients on completion of the agreement.
Our fees as set out in the contingency fee agreement are as follows:
| Tort Case - Claim Against the At Fault Driver | |
|---|---|
| IF | THEN |
| We settle your tort case before the examination for discovery. | The fee will be 25% + HST |
| We settle your tort case after the examination for discovery but before the pretrial. | The fee will be 28% + HST |
| We settle your tort case after pretrial but before commencement of trial. | The fee will be 30% + HST |
| We settle or win your tort case after the commencement of trial. | The fee will be 33% + HST |
| Accident Benefit Claim | |
|---|---|
| IF | THEN |
| We settle your accident benefit claim without an arbitration. | The fee will be 20% + HST |
| The court or License Appeal Tribunal hears your case and orders that you receive an award or the case settles during the LAT arbitration. | The fee will be 25% + HST |
| Personal Injury (Non-MVA) Including Slip and Fall, Trip and Fall and Other Injuries | |
|---|---|
| IF | THEN |
| We settle your tort case before the examination for discovery. | The fee will be 25% + HST |
| We settle your tort case after the examination for discovery but before the pretrial. | The fee will be 28% + HST |
| We settle your case after pretrial but before commencement of trial. | The fee will be 30% + HST |
| We settle or win your tort after the commencement of trial. | The fee will be 33% + HST |
| Long Term Disability | |
|---|---|
| IF | THEN |
| We settle your case before the mediation or examination for discovery. | The fee will be 25% + HST |
| We settle your case after the examination for discovery or mediation but before the pretrial. | The fee will be 28% + HST |
| We settle your case after pretrial but before commencement of trial. | The fee will be 30% + HST |
| We settle or win your case after the commencement of trial. | The fee will be 33% + HST |
To find our more about Contingency Fee Agreements, read the Law Society of Ontario’s Consumer Guide to Contingency Fees.
The consumer guide asks some important questions for potential clients looking for the right firm to meet you needs. Auger Hollingsworth’s answers to these important questions are here.
