As a token of trust and for the avoidance of confusion, our firm’s fees are set out in a retainer or fee agreement after reviewing the case with the client, and any arrangement arising from such an agreement is made in accordance with the rules of professional conduct and other legal requirements regulating the legal profession.

After considering the major legal issues likely to arise in the case-file, we review the various fee options available and, if applicable, the appropriate court proceedings liable to be initiated or pursued with the client’s consent. Alternative modes of dispute resolution such as mediation or arbitration may even be considered.

Subject to full disclosure of pertinent information and the making of reciprocal commitments, and pursuant to standard legal practice, fees are established on the basis of the following factors:

• Time and labor spent by the firm on performing the work;
• The nature, difficulty and complexity of the work and the research entailed;
• the significance, importance or value of the interests at issue
• Expenses and disbursements incurred by the firm on the client’s behalf;
• The reputation, titles or credentials, seniority, experience and specialized knowledge of the firm’s lawyer(s) performing the work;
• the advantages, outcomes and results obtained, as well as the services provided for the client through the firm’s work
• The client’s financial situation.

Furthermore, these fees may include additional costs and expenses arising in connection with performing the work.

Fees must be treated as distinct and separate from court-related costs, such as, for example, fees charged by bailiffs, court officers or process servers in connection with serving summons to appear before the court or issuing court orders. Court costs are understood to be taxable costs arising from a court proceeding, notably, counsel’s hearing fees, costs of proceedings payable to lawyers, bailiffs, judicial experts, as well as fee-based expenditures and charges levied by the Treasury.

In principle, court costs are borne by the unsuccessful party in the proceedings. The same may apply to fees paid to the lawyer by the client, at the judge’s discretion.
 
The client may be requested to pay a retainer or advance deposit toward fees and expenses or, similarly, it may be requested to pay fees for the first meeting.

This type of fee arrangement is based on time spent performing the work. Fees are charged according to the time actually spent working on the client’s case. Each invoice sent to the client sets out a detailed description of services performed by the firm, which details are indicated in a statement indicating all tasks performed on the client’s behalf as well as the name of the lawyer in charge of the matter.

In practice, during the first meeting, and depending on the complexity of the case, the client is requested to make an advance deposit to the firm covering any initial work undertaken in connection with the matter.

In addition to basic fees, a fee arrangement may be coupled with a separate contingency fee, in accordance with our professional code of conduct. This separate contingency fee is established, with the client's consent, as a previously agreed-upon percentage of the amount recovered or saved for the client by way of settlement or judgment, notably in connection with a settlement or termination payment, whether or not made enforceable by court order or by a final judgment.

As a general rule, our firm’s contingency fee percentage varies between 7% to 15% (exclusive of taxes) of the amount recovered or saved.

Lawyers are formally prohibited from charging exclusively on a contingency-fee basis in respect of matters subject to resolution by court judgment or decision.

In this instance, the firm charges a specific, fixed-rate fee that is agreed upon when the matter is opened, covering a specified range of legal services to be provided.
Fixed fee arrangements are commonly used for work involving a specific set of services provided during a set period of time.

As for court-related issues, this arrangement covers all matters pertaining to court proceedings, including written submissions filed with the court, the conduct of proceedings in court, hearings and all related legal services (except forced execution of a judgment).

The client may, at its option, make payments toward fixed fees through multiple monthly payments over time.  

As the case may arise, all unanticipated services will be the object of a separate fee set forth in another fee agreement.

La Garanderie Avocats offers a subscription-based fee arrangement whose specific fee rates and methods of calculation (on demand, hourly rate, flat rate, or for a specific time period) are set through negotiation with the client, depending on its specific needs.