While it is unwise to assume that there is any such thing as an ‘average’ or ‘typical’ case, the justice system itself is often predictable enough that the total fees required to defend a case can be estimated fairly accurately in advance. Thus retainer fees are often agreed to in the form of a ‘block fee’ for the entire case.

It is also common for retainer agreements to allow for block fees to be deposited gradually through a payment schedule tailored to the client’s financial circumstances over the time period naturally required for a case to make its way through the courts. Initial consultations are generally free and details of the retainer are naturally discussed at that stage, once the nature of the case has been outlined.

While it is inherently unfair for a wrongly accused person to have to pay hard earned money to defend against criminal prosecution, defending one’s liberty in court is the last thing in the world to cut corners on.

I concede readily that there are lawyers willing to take cases for less than the fees my office requires. At the same time, I am sensitive to the particular situations of accused persons and driven by a passion for criminal law. Indeed, in certain serious cases where the accused person is unable to fund his or her own defence, my office considers retainers through Legal Aid Ontario (“LAO”).

Once my office is retained, the ethical and professional responsibility to defend the case as fully and vigorously as possible, and the sheer desire to win, are the only factors that govern the defence. Some of the most interesting and rewarding cases I have acted on through the years have been for legally aided clients.

Initial consultations are generally free of charge.