During your initial free consultation, the discussion will inevitably turn to the question of fees.  There are two basic pathways to retaining a criminal defence lawyer.  For individuals who meet certain criteria, the state may cover the cost of a lawyer through a legal aid certificate.  For those who are not eligible for this funding, they must seek to retain a lawyer privately.

Our firm accepts legal aid certificates for most offences.  In order to qualify, an applicant must meet the criteria of Legal Aid Ontario.   There are two main criteria relating to the seriousness of the charges you are facing and the details of your financial situation.  In most jurisdictions, a legal aid application can be initiated at the courthouse at your first court date provided that the initial set of paperwork related to your charges has been prepared.  If so, a duty counsel at the courthouse can review the material in order to determine whether or not your charges are sufficiently serious to warrant legal aid assistance.  If they are, a referral will be made.   The next step following a referral is to contact Legal Aid Ontario at their 1-800 number in order to be assessed financially.  If approved, you will be issued a certificate which may be used to hire a lawyer of your choosing.

Should funding through Legal Aid not be available to you, obtaining representation will require a private retainer.  The lawyers in our firm have represented clients from across the province and from all walks of life.  We have represented professionals (e.g. doctors, engineers, etc.), as well as other individuals for whom retaining quality legal representation is not a significant burden.  We also believe, however, that individuals of more limited means should not be barred from access to experienced legal counsel.  Our roster of lawyers provides flexibility to offer fee arrangements that allow individuals who fall just outside the requirements of legal aid the opportunity to obtain assistance at a reasonable fee.

In most cases, we will be able to provide you with a block fee quote during your initial consultation.  Our firm uses block fees, as opposed to an hourly billing rate, for a number of reasons.  First, it provides cost certainty to the client.  It allows for the charge to be dealt with carefully and thoroughly without the client having to worry about escalating costs when the file takes a little more time than usual to be dealt with properly.  Second, it allows for open channels of communication, ensuring that the client isn’t hesitant to consult with counsel throughout the process for fear of driving up the cost.  Finally, it incentivizes the lawyer to deal with the case efficiently and as quickly as possible without cutting corners in order to avoid needless court appearances due to steps not being taken expediently.  Having a matter before the court for a lengthy period of time with an uncertain outcome can be extremely unsettling for an accused person.  Block fees help to address that concern.

SWH Law accepts most forms of payment, including credit card, cash, money order, e-transfer and certified cheque.