Lawyers and paralegals are permitted to utilize contingency fee agreements with their clients in certain contexts. It is crucial for legal professionals to understand when it is appropriate to charge by way of a contingency fee arrangement and when it isn’t. It is also important that you know when a contingency fee arrangement may or may not be suitable for your circumstance so that you can be a better advocate for yourself.

It is prohibited for lawyers and paralegals to charge using contingency fees in all

criminal and quasi criminal cases. Paralegals cannot undertake family law cases but the lawyers who do must ensure that they do not utilize contingency agreements with these clients.

Additionally, lawyers are mandated to abide by the Solicitors’ Act and the instructions outlined in O. Reg. 195/04 when drafting contingency fee agreements. Paralegals are encouraged to do the same even though they are not governed by the Solicitors’ Act. All legal professionals must ensure that they make all contingency agreements in writing.

Whenever any legal professional is determining how to charge their clients, the test they must consider is whether the fees they are charging are fair and reasonable. They must ensure that they are meeting this test every time. You, as a client, also have the right to have the Superior Court of Justice assess the fees provided in the solicitor’s account.

It’s imperative that you keep this information in mind when you are signing a contingency fee retainer agreement with your lawyer.