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TheyMIsosnueeetaRgnioGThegal Fees survey showsLeryewLaandinaCaThe 2015e-recession rates.prtoedrnturevehaeslitigation feBy Michael McKiernanAfter years of steady decline, Canadian litigation feeshave finally returned to the heights of the preglobal-recession era, but Canadian lawyers aren’thappy about it.According to the results of Canadian Lawyer’s 2015 Legal Fees Survey, the national average estimated cost of a two-day trial crossedthe 30,000 threshold for the first time,leaping 43 per cent to 31,330 this yearfrom 21,953 in 2014.The previous peak for a two-day trial came in 2009, whenresponses averaged around 29,000, but then dropped everyyear until 2013, when the average fee hit 18,000. The fall wasarrested in 2014 with a 19-per-cent jump, but that was dwarfedby the 2015 hike. At 56,439, the national average cost of afive-day trial was up 30 per cent over 2014, while the cost of aseven-day trial was also up around 40 per cent at 81,958.But that doesn’t mean the boom times are back, accordingto some of our respondents. One Ontario sole practitionerlamented the level of litigation fees, calling them “a shame. . . .I think they are high enough to keep many issues away fromresolution and legal advice.” In Vancouver, another smallerfirm lawyer claimed the price of litigation is costing thembusiness: “It prevents most of my clients from enforcing commercial agreements,” they wrote.However, in Alberta, a lawyer in a mid-size firm said theprofession gets a rough deal from the public when it comes tofees: “It’s very fashionable these days for people to talk aboutthem being too high, especially judges who make north of 300,000. . . . I wish people knew what they actually paid theirdoctor or banker.”Hourly rates have also clawed their way back to pre-recession levels, with 10-year calls commanding an average rate of 360 per hour, up 12 per cent over 2014, and just short of the2009 peak, when they billed an average of 365 per hour acrossthe nation. First-year calls are charged at an average rate of 230, a six-per-cent rise over last year, while at the other end ofthe experience scale, 20-year calls bring in 411, five per centmore than 2014.Based on feedback, we’ve once again expanded the survey,to assess the going rate for 45 different matters across ninepractice areas: civil litigation, corporate-commercial, criminal,family, immigration, intellectual property, real estate, wills andestates, and new for this year, labour and employment.Results are again divided by region, with 50 per cent of our277 respondents reporting an office in Ontario, 47 per centwith an office in Western Canada (British Columbia, Alberta,Saskatchewan, Manitoba, and the North), and 10 per centreporting offices in Quebec or Atlantic Canada. Lawyers froma wide variety of firm sizes took part in the survey, with thebulk, or 65 per cent, in firms of 1 to 4 lawyers. A further 22 percent came from law firms with between 5 and 25 lawyers, andanother 13 per cent from firms with more than 25 lawyers.Fee estimates for individual matters increased in most categories for 2015 over the 2014 responses, with immigrationlaw another area seeing notable rises. Practitioners acrossw w w. C A N A D I A NLawyermag.comJUNE2 0 1 5 33

the country cited new rules and increasedcomplexity as the reason for fee hikes in ayear that saw the arrival of the revolutionary new Express Entry system for permanent residence. Average fees for all fourimmigration matters surveyed rose, bybetween seven and 31 per cent comparedwith 2014 levels.Respondents were once again splitdown the middle on the issue of furtherprice rises, with just under 50 per centopting for a freeze in the next year, and48 per cent planning to increase fees. Justtwo per cent are aiming for a fee decrease.Things were different in Alberta, wherethe plunging price of oil has hit the economy, and respondents said lawyers are feeling the knock-on effects. In that province,about six in every 10 respondents optedfor a no-change approach to what they’recharging clients.The most commonly cited reasons forprice rises included inflation and surgingoverhead costs, as well as the increasingcomplexity of the legal work lawyers aretaking on. In Ontario, one sole practitioner said their price rise was a tactic to48%planning to i“weed out the chaff ” from a busy practice,while an honest Alberta lawyer from amid-sized firm said they simply “want tomake more money.”For those cutting and freezing rates,competition and client demands were thedriving factors: “Economic conditions areso tight that people generally aren’t willingto pay more,” wrote one small-firm lawyerfrom Ontario.For lawyers with practices rooted inreal estate or wills and estates, marketforces were particularly influential. A lawyer with a small Alberta firm summedup the dilemma: “I need to do wills as aservice, but I wish I could charge more,”they wrote. “Real estate purchase fileshave razor-thin margins. Lawyers needto stop the drive to the bottom in anattempt to gain market share; it is hurtingthe entire industry,” wrote another froma small Ontario city. Others are cuttingtheir losses: “Although much of the workthat we do is in the area of real estate,that work is labour intensive and requireswell trained and highly paid staff. We arehaving to consider phasing out that workcompletely, over time,” wrote one Ontariorespondent.Read on to see how your fees matchup with the competition, and discover thegoing rate in your area of practice.Looking forlegal expertise?Find exactly what you need at www.CanadianLawList.comuand it’ss available to yyo24 hours a day.Starting a business, making a will or buyingg a house?housse?Declaring bankruptcy, dealing with a personalinjury,nal injurry,insurance claim or job loss?If you’re in the midst of one of life’s big events, help is assclose as your smartphone, tablet or computer. SimplySi l goto www.CanadianLawList.com to find the right lawyer foryour particular legal need.www.CanadianLawList.com is Canada’s most comprehensiveonline directory of lawyers and law firms. And it’s easy to use!You can search by city, legal specialty, or name for listings andcontact information.Find the legal expertise you need at www.CanadianLawList.com.34 CLLwebsite CL Jan 14.inddJ U N E 2 0 1 5 w w w . C A N1 A D I A N L a w y e r m a g . c o m13-12-03 11:07 AM

increase fees.National Fee RangesSAMPLE SIZE 277Hourly Rates (average)AVERAGEMINIMUM NALSummary criminal offence (one day trial) 5,334Bail hearing1,750Criminal offence (one day ork permitFamily class sponsorshipSkilled worker applicationRefugee protection 6,5066,4006,474INTELLECTUAL PROPERTYSimple patent applicationSimple trademark registrationPatent 001,090905Litigation - claim or defence up to mediation/trial 11,735Standard workplace policies2,050Collective bargaining - renewal15,000Labour arbitration (up to 3 7583,00036,25018,000CIVIL LITIGATIONCivil action up to trial (2 days)Civil action up to trial (5 days)Civil action up to trial (7 days)Civil action appeal onlyADR, including mediation (up to 3 days)NATIONALATLANTIC/QUEBECONTARIOWESTERN1-4 LAWYER FIRM5-25 LAWYER FIRM26 LAWYER FIRMCORPORATESecured financing agreementSimple, small business incorporationSimple prospectusYEAR OF CALL 2014 230 204 235 233 246 232FAMILYUncontested divorceContested divorceSeparation agreementChild custody and support agreementTrial up to 2 daysTrial up to 5 daysMarriage/co-habitation agreementSpousal support agreementDivision of property/assets agreement 186YEAR OF CALL 2010 291 263 300 295 269 310 280YEAR OF CALL 2005 360 303 378 364 343 378 346LABOUR AND EMPLOYMENTBasic employment contractSeverance package reviewYEAR OF CALL 1995 411 382 436 415 355 445 420BEFORE 1995 407 327 431 416 364 471 481 60 605REAL ESTATEResidential real estate purchaseResidential real estate saleResidential real estate sale and purchaseCommercial property purchaseCommercial property saleCommercial lease 91,7661,0781,6481,2832,35210,67610,4844,315WILLS AND ESTATESSimple willComplex will (individual)Complex will (couple)Power of attorney (individual)Powerof attorney (couple)PHandlingestate file (including 42262,0196891,8592,21226537615,235w w w. C A N A D I A NLawyermag.comJUNE2 0 1 5 35

Hourly rates have also clawed their way back topre-recession levels, with 10-year calls commandingan average rate of 360 per hour, up 12% over 2014.National (up to 25 Lawyers) Fee RangesPopulation up to 500,000 Fee RangesSAMPLE SIZE 210SAMPLE SIZE 99AVERAGEMINIMUM MAXIMUMCIVIL LITIGATIONCivil action up to trial (2 days)Civil action up to trial (5 days)Civil action up to trial (7 days)Civil action appeal onlyADR, including mediation (up to 3 IL LITIGATIONCivil action up to trial (2 days)Civil action up to trial (5 days)Civil action up to trial (7 days)Civil action appeal onlyADR, including mediation (up to 3 days)CORPORATESecured financing agreementSimple, small business incorporationSimple ,000CORPORATESecured financing agreementSimple, small business incorporationSimple prospectusCRIMINALSummary criminal offence (one day trial) 5,394Bail hearing1,652Criminal offence (one day 81135,8101,7281,9612,244AVERAGEMINIMUM MINALSummary criminal offence (one day trial) 5,188Bail hearing1,286Criminal offence (one day ted divorceContested divorceSeparation agreementChild custody and support agreementTrial up to 2 daysTrial up to 5 daysMarriage/co-habitation agreementSpousal support agreementDivision of property/assets 006,1156,278IMMIGRATIONWork permitFamily class sponsorshipSkilled worker applicationRefugee protection 02,02920,000INTELLECTUAL PROPERTYSimple patent applicationSimple trademark registrationPatent gation - claim or defence up to mediation/trial 11,900Standard workplace policies1,778Collective bargaining - renewal11,667Labour arbitration (up to 3 9112,50023,33317,2001,062833Litigation - claim or defence up to mediation/trial 9,467Standard workplace policies1,325Collective bargaining - renewal13,000Labour arbitration (up to 3 51,87527,50018,667REAL ESTATEResidential real estate purchase968Residential real estate sale788Residential real estate sale and purchase 1,688Commercial property purchase3,474Commercial property sale2,530Commercial lease 2,3769,5509,6143,256REAL ESTATEResidential real estate purchaseResidential real estate saleResidential real estate sale and purchaseCommercial property purchaseCommercial property saleCommercial lease 01,3769961,5961,2932,3446,7645,9913,071WILLS AND ESTATESSimple willComplex will (individual)Complex will (couple)Power of attorney (individual)Power of attorney (couple)Handling estate file (including 4,352WILLS AND ESTATESSimple willComplex will (individual)Complex will (couple)Power of attorney (individual)Power of attorney (couple)Handling estate file (including 5301,7532,00824533815,476FAMILYUncontested divorceContested divorceSeparation agreementChild custody and support agreementTrial up to 2 daysTrial up to 5 daysMarriage/co-habitation agreementSpousal support agreementDivision of property/assets agreementIMMIGRATIONWork permitFamily class sponsorshipSkilled worker applicationRefugee protection claimINTELLECTUAL PROPERTYSimple patent applicationSimple trademark registrationPatent auditLABOUR AND EMPLOYMENTBasic employment contractSeverance package review4461,0101,3481872773,867N/A not sufficient data to provide figures36JUNE2015w w w. C A N A D I A NLawyer mag.comLABOUR AND EMPLOYMENTBasic employment contractSeverance package review