To provide a continuum of innovative and cost effective legal services for people in need throughout Alberta.

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1 To provide a continuum of innovative and cost effective legal services for people in need throughout Alberta. Effective on Certificates Issued on or after November 1, 2009

2 Table of Contents Introduction...1 Roster Eligibility...2 Certificates and Certificate Coverage Guidelines...3 Billing Guidelines Criminal Certificates File Opening Fee L2 Offence Express Payment L1 Guilty Plea Express Payment L2 Guilty Plea Express Payment L1 Trial Express Payment Alternative Measures, Extra-Judicial Sanctions and Peace Bonds Interview and Briefing L1 Offence...7 Interview and Briefing L2 Offence...7 Interview and Briefing L3 Offence Provincial Court Bail Application QB Bail or Bail Revocation Application Preparation and Service of Bail Order Adjournments in Docket Court Adjournments not in Docket Court Pre-Trial Conferences Waiting Time Court Outside of Regular Hours Preliminary Inquiry 1st half day Preliminary Inquiry 2nd to 10th half day Preliminary Inquiry 11th half day forward Guilty Plea at the Completion of Preliminary Inquiry Waiver of Preliminary Inquiry Arraignments Written Argument where ordered by the Court Written Argument when not ordered by the Court Jury Selection Trial 1st half day Trial 2nd to 10th half day Trial 11th half day forward Guilty Plea Resolution through Early Case Resolution Guilty Plea on day of trial Withdrawal of Charge with Notice to Counsel Withdrawal of Charge on day of trial without Notice to Counsel Speaking to sentence Contested Post-Sentence Hearing 1st half day Contested Post-Sentence Hearing 2nd half day forward Counsel withdraws from the Record Charges waived out of the jurisdiction Multiple Charges Level 3 Offences Hourly Certificates Criminal Appeal Certificates File Opening Fee Attending and Speaking to the List Release pending appeal Interlocutory Application Preparation Interlocutory Application Appearance Interview with client Summary Conviction or Sentence Appeal Level 1 offence...14 Interview with client Summary Conviction or Sentence Appeal Level 2 offence...14 Interview with client Summary Conviction or Sentence Appeal Level 3 offence Briefing Summary Conviction or Sentence Appeal Level 1 or 2 offence Briefing Summary Conviction or Sentence Appeal Level 3 offence Preparation Summary Conviction or Sentence Appeal All Levels of Offence Appearance Summary Conviction or Sentence Appeal 1st half day Appearance Summary Conviction or Sentence Appeal 2nd half day forward...15 i

3 Table of Contents ii 2.12 Interview and Briefing Conviction Appeal in Court of Appeal or SCC Level 1 offence...15 Interview and Briefing Conviction Appeal in Court of Appeal or SCC Level 2 offence...15 Interview and Briefing Conviction Appeal in Court of Appeal or SCC Level 3 offence Preparation Conviction Appeal or Denial of Extraordinary Remedy Trial lasted one day or less Preparation Conviction Appeal or Denial of Extraordinary Remedy Trial lasted more than one day up to 5 days Preparation Conviction Appeal or Denial of Extraordinary Remedy Trial lasted more than 5 days Appearance 1st half day in the Court of Appeal Appearance each additional half day in the Court of Appeal Preparation for Interlocutory/Leave Application in the Supreme Court of Canada Any Appearance in the Supreme Court of Canada Waiting Time in Court of Appeal when Counsel has no other matters Civil Certificates File Opening Fee File Closing Fee Base Civil Coverage Preparation for Examinations Attendance at Examinations Attendance at Judicial Dispute Resolution Attendance in Chambers as Applicant or attendance in Family Court for Hearing Preparation and Attendance for Special Chambers Preparation of Documents when Responding to a Chambers Application Attendance in Chambers as Respondent Attendance at Trial 1st half day to 10th half day inclusive Attendance at Trial 11th half day forward...18 Base Civil Coverage Guidelines Administrative Law Certificates Immigration Workers Compensation Board Income Security Program (Denial of Benefits) Canada Pension Plan Appeal Assured Income for the Severely Handicapped Appeal Employment Insurance Appeal Other Civil Appeal Certificates Additional Preparation Time when Counsel was not Counsel of Record at the original hearing in Family Court Additional Preparation Time when Counsel was not Counsel of Record at the original hearing in Court of Queen's Bench Attendance at Speak to the List for Appeals Waiting Time when Waiting for Appeal to be Heard Preparation for Appeal of a decision made in Family Court Preparation for Appeal of a decision made in the Court of Queen s Bench Appearance in Court of Queen s Bench or Court of Appeal for Appeal Hearing Preparation of Interlocutory/Leave Applications in the Supreme Court of Canada Preparation of appeal in the Supreme Court of Canada where trial lasted one day or less Preparation of appeal in the Supreme Court of Canada where original trial lasted more than one day up to five days Preparation of appeal in the Supreme Court of Canada where original trial lasted more than 5 days All Appearances in the Supreme Court of Canada Opinion Certificates Opinion 1 hour Express Payment Opinion 2 hour Express Payment Counsel Unable to Provide Opinion Express Payment Opinion Regular Tariff...24

4 Table of Contents 7. Extra Tariff Items Additional Bail Applications Additional Special Chambers Applications Additional Regular Chambers Applications Additional hours Criminal Certificate Additional hours Civil Certificate Travel Costs not anticipated at time of Certificate Issuance Watching Briefs Other Discretionary Increase...25 Guidelines on Requesting Extra Tariff Additional Bail Applications Additional Special Chambers Applications Additional Regular Chambers Applications Additional Hours Criminal Certificate Additional Hours Civil Certificate Travel Costs not anticipated at the time of Certificate Issuance Watching Briefs Other Discretionary Increase Ordinary Disbursements Travel Time and Travel Wait Time Kilometrage Travel to Ottawa for SCC Appeal, including all Travel Waiting Time Parking Accommodation and Meals Airfare and other Transportation Filing Fees Process Servers Conduct Money for Ordinary Witnesses Appeal Books Where Coverage is Granted for the Appeal Transcripts of Examinations or Bail Applications Photocopies Fax Charges Agent Medical Report Miscellaneous Miscellaneous - no GST applies Postage Runners, Long Distance, Long Distance Faxes Courier Charges Translation and Interpretation Expenses Computer Law Searches Translation and Interpretation Expenses Immigration Certificates Only Special Disbursements Experts Expert Witness Fees Property Appraisals Unusual Transportation Maps, Models and other Physical Exhibits Agent Outside of Alberta Conduct Money for Extraordinary Witnesses (excluded by Tariff Item 8.9) Records or Statements (including medical) Transcripts and Expedited Transcripts (excluded by Tariff Item 8.11) Newspaper Ads for Substitutional Service Translation and Interpretation Services (in excess of $150.00) Other...32 Guidelines on Requesting Special Disbursements Experts Expert Witness Fees Property Appraisals Unusual Transportation Maps, Models and other Physical Exhibits Agent Outside of Alberta Conduct Money for Extraordinary Witnesses Records or Statements (including medical) Transcripts and Expedited Transcripts (excluded by Item 8.11) Newspaper Ads for Substitutional Service Translation and Interpretation Services (in excess of $150) Other...35 Legal Aid Alberta Tariff Directory...36 iii

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6 Introduction Roster recruitment and retention is a major focus of Legal Aid Alberta (LAA) and strides are continually made to enhance the ease of doing business with LAA. In February 2008, LAA launched a new, more unified tariff that allowed roster lawyers to utilize/bill hours within a block without being restricted by a compartmentalized tariff. Over the last year and a half, the 2008 Tariff has proven to be a useful and popular resource among roster lawyers. Striving to create further efficient tools for the Roster, LAA launched the online billing site, better known as e-bill, in April Working in tandem, these two resources offer the Roster a more convenient and simplified billing experience. To sign up for e-bill and/or to become a member of the Counsel Connection on the LAA website, please contact the Roster Manager, Anne Margaret Wall by (roster@legalaid.ab.ca) or telephone ( ). On that note of easing billing processes, I am pleased to offer the new 2009 Legal Aid Alberta Tariff. The modified Tariff is a product of comprehensive clarifications and corrections without substantial changes to remuneration. Thank you for your continued contribution and commitment to Legal Aid Alberta and its clients. Sincerely, Jacqueline Schaffter President and CEO, Legal Aid Alberta 1

7 Roster Eligibility Counsel must be on the Roster to accept a Certificate. Counsel eligible to be on the LAA Roster includes Lawyers and Students-at-law registered with the Law Society of Alberta. Counsel may request to be added to the LAA Roster by completing an application on-line, or sending one to the Provincial Office of LAA. In some exceptional cases, a lawyer from another Province in Canada may be permitted to join the Roster; Counsel may contact LAA for more information. 2

8 Certificates and Certificate Coverage Guidelines Certificate Information: A Certificate indicates what matters are covered by the Certificate, and Counsel should ensure he or she reviews this carefully. If Counsel believes further coverage is required, Counsel must immediately contact LAA to request additional coverage. Counsel on a Certificate: Counsel may not transfer a Certificate or responsibility for a file to another Counsel without the consent of the client AND LAA. However, Counsel may retain the services of other Counsel as an agent or may allow another Counsel within the same Firm to assist with steps on a file. Counsel may bill according to the Tariff if Counsel is within the same Firm or bill using Item 8.14 if using an Agent. Students-at-law: A Student-at-law may apply to be added to the LAA Roster, with the consent of the Student s articling Principal, and may then accept Certificates in his or her own name. Students may also assist lawyers with steps on their Certificates. It is required that all work done on a Certificate by a Student will be subject to the supervision of the Principal and that students will comply with all Rules of Court and the Rules of the Law Society of Alberta regarding the work that can be completed by a student. Work completed by Students-at-law will be compensated at a rate $10 below the applicable rate for lawyers. When a Student is called to the Bar, it is the responsibility of the Student to notify LAA. The Student may then submit an interim account for all work completed up to the date of Call to the Bar, and will thereafter be able to bill at the Lawyer rate. When a Student assists a lawyer on a Certificate, the lawyer must indicate on his or her account which steps were completed by the Student, and must bill the Student rate for the Student s work. Students will not be allowed to accept Duty Counsel Certificates. Completing Certificates: Counsel who accepts a Certificate is expected to conclude matters whenever possible. Any Counsel who consistently withdraws or ceases to act once all Tariff allotments are maximized may be referred to the Roster Committee for referral to the Law Society. Reasonable Steps: Counsel must provide legal services and incur disbursements pursuant to a Certificate in the same manner as with a client of modest means. LAA may not reimburse Counsel for steps taken that were not justified or necessary for the proper conduct of the action, or if a matter was unreasonably prolonged. Unreasonable Clients: Counsel must manage a client and should bring to LAA s attention any excessive demands of time, unrealistic requests for services, or unreasonable behavior on the part of a client, so that LAA can evaluate whether the client s coverage should continue. Status Updates: Counsel must immediately respond to requests made by LAA for a status update on a Certificate. LAA will cancel coverage if status update requests are not complied with. Client s Financial Circumstances: Counsel must immediately advise LAA of any changes to the client s financial circumstances that might affect the client s eligibility for LAA services, including, but not limited to, changes in employment status or income, change in marital status, funds received by a client, or changes in address. Improvements in a client s financial circumstances often result in a client being required to make monthly payments to LAA as a condition of continued coverage. Similarly, reductions in income can lead to the elimination or lowering of monthly payments. Clients specifically waive solicitor/client privilege with respect to their financial circumstances as a condition of their LAA coverage. (continued next page) 3

9 Release of Funds to Client: Counsel cannot release any funds to a client that were received on behalf of the client without receiving the consent of LAA, and are expected to forward any money held in trust on behalf of the client to LAA at the time of submission of a final account. Counsel may seek permission from LAA to release funds to a client by contacting our Recoveries Department, and such requests should include an explanation of why funds were received, how much money was received, an estimate of Counsel s total accounts to be submitted pursuant to the Certificate, and an explanation of why Counsel wishes to release the funds (for example, because client is experiencing extreme financial hardship). Release of Client File: Counsel cannot release a file to the client or new Counsel without the consent of LAA, as LAA s interests in seeking repayment for services must always be protected. Additional Remuneration: Counsel cannot accept any remuneration from the client or anyone else for work expended on behalf of the client with respect to the matters covered by the Certificate or any other matters. Requests for Extra Tariff Items: Counsel may request extra Tariff items, including additional Chambers applications, bail applications or hours, if a matter is inordinately complicated or prolonged. Such requests are to be submitted to the Contact Person on the Certificate, and can be made by or otherwise in writing. Counsel should submit an up-to-date interim account prior to making a request for extra Tariff items. Requests for extra Tariff items may be decided by LAA or by referral to a LAA Committee, as appropriate. See guidelines on Requesting Extra Tariff Items and Special Disbursements for more information. Enforcement of Orders: A Certificate does not include enforcement of any Order unless specifically authorized on the Certificate. Representation of Co-Accused or Co-Clients: Where Counsel represents co-accused or co-clients with respect to a matter, Counsel should bill full tariff rate on the applicable certificate for services rendered for one client, and should split the billing between co-accused/co-clients for services rendered for all clients. For example, if Counsel interviews Client A alone, Counsel would bill that interview on Client A's certificate. If Counsel attends court for Client A and Client B in a single appearance, Counsel would bill half of the applicable tariff item on each client's certificate. Unfortunately, e-bill is not available when Counsel represents co-accused or co-clients. Please reference the other Certificate number on the account when both clients are on Legal Aid. Conclusion of Multiple Matters: Where Counsel has more than one Certificate for a client concluded at the same appearance, the disposition fee may be claimed on only one Certificate. Please reference other applicable Certificate number(s) on account. Extensions of Coverage: Where a client is charged with an additional offence within 30 days of the issuance of a Certificate, or if Counsel concludes additional matters which should be included on a Civil Certificate, Counsel may request an extension of the coverage on a Certificate. Clients should be directed to make a new application to LAA for charges laid more than 30 days after Certificate issuance or if additional civil matters justify a separate Certificate. Please note that an Extension cannot be issued if a Certificate has been billed using an Express Payment option. Client s Failure to Appear: Where a client fails to appear for Court and 90 days has elapsed with no contact with the client, Counsel should withdraw from the Record and submit a final account. If contact with the client takes place within 90 days and a failing to appear charge has been laid, Counsel must contact LAA to request an extension of coverage for the additional charge. 4

10 Billing Guidelines 1. There are three types of accounts that can be submitted: a Interim accounts can be submitted when a matter is still ongoing. Counsel is permitted to submit interim accounts if disbursements exceed $100 or if fees and disbursements combined exceed $500. Interim accounts should be billed when Counsel is changing Firms, where a Student-at-law is admitted to the Bar, and anytime there is a delay in proceedings. b Final accounts can be submitted when matters are concluded and result in the end of coverage on a Certificate. c Subsequent accounts can be submitted when LAA authorizes Counsel to bill for further steps or disbursements following the conclusion of a Certificate. 2. For billing purposes, a Certificate is inclusive of all extensions, amendments, Extra Tariff Items and Special Disbursements 3. Counsel may submit accounts via LAA s e-bill, or may submit paper accounts by sending same to the Provincial Office of LAA, to the attention of the Taxation Department. 4. When accounts are submitted by paper, a signed account and the Certificate (the original in the case of a final account, and a photocopy in the case of an interim or subsequent account), including completion of all information on the back of the Certificate, must be submitted to LAA. 5. When Counsel is billing for co-accused/co-client matters, paper accounts are required as the e-bill will not accommodate such accounts. 6. Dates, including whether proceedings were held in the morning or afternoon, must be provided for all Court appearances, hearings and examinations. 7. Final accounts must be submitted to LAA no later than 6 months following the last step taken to complete a Certificate. LAA has no liability for the payment of an account rendered more than 6 months after the completion of services covered by the certificate. 8. Time records must be kept for all steps that are billable on an hourly basis and must reflect the actual time spent by Counsel. The time records must be produced upon request of LAA. 9. Counsel may be asked to produce receipts or other proof of disbursements billed on accounts. If such documentation is not made available to Counsel upon LAA s request, LAA may not reimburse Counsel for the associated expenses. 10. GST is paid on all fees and applicable disbursements. The GST amount is to be separated out of the actual disbursement cost on accounts. LAA requires written notification where Counsel is GST exempt. 11. Counsel may request a discretionary increase on a final account in the case of a Certificate that is unusually complicated or complex, and required significant expertise on behalf of Counsel or time expenditures that were not compensable under Tariff. 12. LAA may choose to audit Counsel s accounts at the time of processing or subsequent to payment being made as part of the enhanced audit system. Counsel must provide to LAA any additional detail requested about any items billed on an account, including time records, receipts, explanation of steps taken, or any other information LAA determines is relevant to a review of the account. Payment of an account is contingent on Counsel providing the requested information and adjustments can be made subsequent to payment if appropriate. Audits will be conducted on a random basis, but may also be undertaken in the event LAA has concerns about a particular Certificate or Counsel s billings. 13. Payment for an account submitted pursuant to a Certificate will be paid directly to the lawyer named on the Certificate; if Counsel wishes to have payment made to anyone else, Counsel must provide those instructions in writing. 14. After the processing of an account, Counsel has 45 days to correct any errors or omissions. 15. Counsel may appeal a decision regarding a payment of an account within 45 days of the account being processed by providing a written explanation of why Counsel disagrees with the decision regarding payment of the account and what decision Counsel believes should have been made. Appeals will be referred to the appropriate person or Committee. 5

11 1. Criminal Certificates 1.01 File Opening Fee L2 Offence $50 File Opening Fee L3 Offence $100 explanation: Payable on first account rendered on the Certificate; this fee is intended to compensate Counsel for steps associated with the opening and continuation of a file that are not compensable under any other Tariff item, such as booking appointments with the client, preparing memos for the file, and providing instructions to legal assistants.the File Opening Fee applies to both Certificates when representing a co-accused, and should be billed in the full amount on each Express Payment L1 Guilty Plea/Resolution by ECR $395 ($348) explanation: Fee is inclusive of all fees and disbursements for the Certificate, so no other Tariff items (including fees, disbursements or travel) may be billed when billing under this item. An Express Payment concludes a Certificate, inclusive of any Extensions Express Payment L2 Guilty Plea/Resolution by ECR $630 ($555) explanation: Please see Express Payment L1 Trial $686 ($605) explanation: Please see 1.02 The applicable fee for compensation is indicated in each Tariff item below; the fees in parentheses apply to work completed by a Student-at-law Express Payment Alternative Measures, Extra-Judicial Sanctions and Peace Bonds $478 ($422) explanation: Please see

12 1.06 Interview and Briefing L1 Offence $155 ($136) Interview and Briefing L2 Offence $420 ($370) Interview and Briefing L3 Offence $1680 ($1480) explanation: Fee is inclusive of interview time with the client, as well as both defence and sentence briefing Provincial Court Bail Application $84 ($74) explanation: Fee is inclusive of preparation and appearance. All required Provincial Court Bail Applications may be billed QB Bail, s. 525 Reviews and Bail Revocation Application $168 ($148) Fee is inclusive of preparation and appearance Only one Bail Application is permitted per Certificate; Counsel may request coverage for additional Bail Applications as an Extra Tariff Item. Coverage extends to ALL s. 525 Reviews and Bail Revocation Applications Preparation and Service of Bail Order $84 ($74) explanation: Fee is inclusive of all steps taken to draft, file and serve a bail Order following a successful bail application or a variation of bail conditions in the Court of Queen s Bench. 7

13 1.10 Adjournments in Docket Court $42 ($37) The first Docket appearance Counsel makes for the client is not a billable adjournment, as the first Docket appearance is included in the block fees for dispositions. explanation: Adjournments are only payable in the following circumstances: Client fails to appear/counsel appears for warrant cancellation Crown or Court is not prepared to proceed Co-accused requests an adjournment for any reason Disclosure has not been provided subsequent to the first appearance Complainant or witness fails to attend Counsel appears to withdraw from the record ECR process requires adjournment Counsel has not had opportunity to interview client or prepare for trial/prelim LAA has provided erroneous information as to date or courtroom There are multiples sets of charges, Counsel appears to consolidate matters LAA has appointed two Counsel in error and both appear Waiting for PSR, medical report, etc. Adjournments cannot be billed under the following circumstances: the appearance is for election and plea and/or setting dates and none of the above apply Counsel requests an adjournment due to his or her scheduling difficulties Counsel is unable to attend due to personal matters the client has requested an adjournment in an effort to postpone the matter 1.11 Adjournments not in Docket Court $84 ($74) explanation: Please see Pre-Trial Conferences and Pre-Preliminary Conferences $168 ($148) explanation: Fee is inclusive of preparation and attendance. 8

14 1.13 Waiting Time $84/hour ($74/hour) Maximum 2 hours per half day explanation: Time spent waiting for Court to commence is only payable where no other fee is being claimed for the same half day on the Certificate, any other Certificate or private matter Court Outside of Regular Hours $84/hour ($74/hour) explanation: Counsel may bill for actual time spent in Court prior to 8:30 am and after 5:00 pm 1.15 Preliminary Inquiry 1st half day $430 ($379) For conducting a preliminary inquiry, including where the Crown stays or withdraws or calls no evidence on the day of preliminary with no prior notice to Counsel. explanation: Fee is inclusive of all appearances to set dates or for election and plea obtaining disclosure defence adjournments except as provided for under Tariff items 1.10 and 1.11 Negotiations with the police and Crown, including ECR steps preparation, including preparation of witnesses attendance 1.16 Preliminary Inquiry 2nd to 10th half day $220 ($194) explanation: Please see Preliminary Inquiry 11th half day forward $338 ($297) explanation: Please see Guilty Plea at the Completion of Preliminary Inquiry (if done in the same half day) $84 ($74) explanation: Fee is inclusive of preparation and attendance. 9

15 1.19 Waiver of Preliminary Inquiry $84 ($74) explanation: Fee is inclusive of preparation and attendance Arraignments $84 ($74) explanation: Counsel are expected to pre-book trial dates whenever possible; attendance at arraignments will only be compensated when necessary because of special circumstances (explanation required) Written Argument where ordered by the Court $84/hour ($74/hour) Maximum 10 hours explanation: A copy of the written argument must be made available to LAA upon request Written Argument when not ordered by the Court $84/hour ($74/hour) Maximum 5 hours explanation: A copy of the written argument must be made available to LAA upon request. This Tariff Item is being implemented on a test basis to provide compensation when Counsel determines completion of written argument is in the best interests of the client; this item will be monitored closely for evaluation purposes Jury Selection $84/hour ($74/hour) Maximum of 3 hours per half day 10

16 1.24 Trial 1st half day $502 ($443) The definition of a trial includes the following: Proceedings during which evidence is called Application which could result in a Stay Dangerous Offender hearings Fitness Hearings Pre-trial motions (e.g. Charter applications, severance applications, change of venue, applications for disclosure) Contested Breach of Conditional Sentence hearings explanation: First Docket appearance made by Counsel and all other appearances to set date or for election and plea (this explanation applies to ). Fee is inclusive of all appearances to set dates or for election and plea obtaining disclosure defence adjournments except as provided for under Tariff items 1.10 and 1.11 Negotiations with the police and Crown, including ECR steps preparation, including preparation of witnesses attendance 1.25 Trial 2nd to 10th half day $252 ($222) explanation: Please see Trial 11th half day forward $338 ($297) explanation: Please see Guilty Plea $252 ($222) explanation: Fee is inclusive of all appearances to set dates or for election and plea obtaining disclosure defence adjournments except as provided for under Tariff items 1.10 and 1.11 Negotiations with the police and Crown, including ECR steps preparation, including preparation of witnesses attendance 11

17 1.28 Resolution through Early Case Resolution $252 ($222) explanation: Please see Guilty Plea on day of trial $460 ($405) Fee applies when matter resolves by way of a guilty plea on the day of trial due to unforeseen circumstances, such as the non-attendance of a Crown witness. Counsel will have to provide a detailed explanation of attempts made to resolve the matter prior to the trial date and the reason why matters could be resolved on the trial date but not in advance. explanation: Please see Withdrawal of Charge with Notice to Counsel $252 ($222) explanation: Please see Withdrawal of Charge on day of trial without Notice to Counsel $460 ($405) Fee applies only when the Crown opts to withdraw, stay or call no evidence on all charges on the day of trial with no prior notice to Defence Counsel. explanation: Please see Speaking to sentence $84/hour ($74/hour) Maximum 4 hours per half day explanation: Fee is inclusive of preparation and attendance. Applies when the Court puts over the matter of Speaking to Sentence from the entry of the guilty plea or conviction, and can be billed for each applicable half day Contested Post-Sentence Hearing 1st half day $252 ($222) explanation: Fee applies to post-sentence hearings conducted pursuant to the Youth Criminal Justice Act, DNA Order Applications, and SOIRA Hearings; the fee is inclusive of preparation and attendance Contested Post-Sentence Hearing 2nd half day forward $168 ($148) explanation: Please see

18 1.35 Counsel withdraws from the Record $84/hour ($74/hour) Maximum 2 hours explanation: Fee may be billed when no disposition fee applies to a set of charges to compensate for services normally inclusive in a disposition fee, including review of disclosure, Docket appearances not billable under Tariff Item 1.10, discussions with witnesses, police or the Crown, etc. Counsel may be asked to itemize services provided. An attendance to withdraw is billable under Tariff item 1.10 or 1.11 as applicable Charges waived out of the jurisdiction $84hour ($74/hour) Maximum 2 hours explanation: Please see Multiple Charges $84 per set of additional charges ($74/set of additional charges) explanation: Fee applies when a Certificate covers charges that do not all stem from the same incident but are all resolved at the same appearance, and is intended to compensate for the extra time required to review disclosure, interview the client, and other related steps. One fee is payable per set of circumstances, to a maximum of 10 fees per Certificate Level 3 Offences 10% increase explanation: When the most serious offence on a Certificate is a Level 3 offence, all fees (excluding travel time) are increased by 10%. (includes appeals) 1.39 Hourly Certificates $84/hour ($74/hour) - Maximum number of hours will be indicated on the Certificate explanation: This Tariff item applies only when a certificate indicates that you may bill hourly. E.g. Board of Review, Institutional Matters, etc. Please note the File Opening Fee does not apply to Certificates issued under this Tariff item. 13

19 2. Criminal Appeal Certificates * also see item File Opening Fee $100 explanation: Payable on first account rendered on the Certificate; this fee is intended to compensate Counsel for steps associated with the opening and continuation of a file that are not compensable under any other Tariff item, such as booking appointments with the client, preparing memos for the file, and providing instructions to legal assistants Attending and Speaking to the List $84/hour ($74/hour) Maximum 1 hour explanation: Counsel is expected to avoid such appearances whenever possible Release pending appeal $84/hour ($74/hour) Maximum 4 hours per Certificate explanation: Fee is inclusive of preparation and attendance Interlocutory Application Preparation $84/hour ($74/hour) Maximum 4 hours per Certificate 2.05 Interlocutory Application Appearance $554 ($488) 2.06 Interview with client Summary Conviction or Sentence Appeal Level 1 offence $84/hour Maximum 1 hour Interview with client Summary Conviction or Sentence Appeal Level 2 offence $84/hour ($74/hour) Maximum 3 hours Interview with client Summary Conviction or Sentence Appeal Level 3 offence $84/hour ($74/hour) Maximum 10 hours 2.07 Briefing Summary Conviction or Sentence Appeal Level 1 or 2 offence $84/hour ($74/hour) Maximum 1 hour 14

20 2.08 Briefing Summary Conviction or Sentence Appeal Level 3 offence $84/hour ($74/hour) Maximum 2.5 hours 2.09 Preparation Summary Conviction or Sentence Appeal All Levels of Offence $84/hour ($74/hour) Maximum 10 hours explanation: Counsel may bill for all correspondence, drafting, filing and service of all documents including factum and briefing of law Appearance Summary Conviction or Sentence Appeal 1st half day $554 ($488) 2.11 Appearance Summary Conviction or Sentence Appeal 2nd half day forward $276 ($243) 2.12 Interview and Briefing Conviction Appeal in Court of Appeal or SCC Level 1 offence $168 ($148) Interview and Briefing Conviction Appeal in Court of Appeal or SCC Level 2 offence $462 ($407) Interview and Briefing Conviction Appeal in Court of Appeal or SCC Level 3 offence $1680 ($1480) explanation: Fee is inclusive of interview time with client as well as all briefing 2.13 Preparation Conviction Appeal or Denial of Extraordinary Remedy Trial lasted one day or less $84/hour ($74/hour) Maximum 10 hours explanation: Please see

21 2.14 Preparation Conviction Appeal or Denial of Extraordinary Remedy Trial lasted more than one day up to 5 days $84/hour ($74/hour) Maximum 25 hours explanation: Please see Preparation Conviction Appeal or Denial of Extraordinary Remedy Trial lasted more than 5 days $84/hour ($74/hour) Maximum 25 hours per 5 days (or portion thereof) of original trial explanation: Please see Appearance 1st half day in the Court of Appeal $584 ($514) 2.17 Appearance each additional half day in the Court of Appeal $276 ($243) 2.18 Preparation for Interlocutory/Leave Application in the Supreme Court of Canada $1240 ($1092) explanation: Please see Any Appearance in the Supreme Court of Canada $1240/day ($1092/day) 2.20 Waiting Time in Court of Appeal when Counsel has no other matters $84/hour ($74/hour) Maximum 2 hours per half day on the Certificate, any other Certificate or a private matter. 16

22 3. Civil Certificates 3.01 File Opening Fee $100 explanation: Payable on the first account rendered on a Certificate; this fee is intended to compensate Counsel for steps associated with the opening and continuation of a file that are not compensable under any other Tariff item, such as booking appointments with the client, preparing memos for the file, and providing instructions to legal assistants. If representing co-clients, the full fee can be billed on each Certificate File Closing Fee $50 explanation: Payable on the final account rendered on a Certificate, as long as Counsel has had conduct of a file for at least six months, has brought matters to conclusion OR completed at least ten hours of work on the file; the fee is intended to compensate Counsel for steps associated with the conclusion of a file, including providing materials to the client, preparing accounts to submit to Legal Aid, and preparing the file for closure Base Civil Coverage $84/hour ($74/hr) Maximum 30 hours explanation: Please see Appendix for guidelines on billing time for Base Civil Coverage Preparation for Examinations $84/hour ($74/hour) Maximum 1 hour per examination 3.05 Attendance at Examinations $84/hour ($74/hour) 3.06 Attendance at Judicial Dispute Resolution $84/hour ($74/hour) 3.07 Attendance in Chambers as Applicant or attendance in Family Court for Hearing $84/hour ($74/hour) Minimum 1 hour per appearance explanation: Adjournments are not billable under this Item but should be billed under Tariff item Note that Counsel can only initiate two Regular Chambers applications and must seek prior approval to initiate any additional application under Extra Tariff Item 7.03 Counsel must indicate the issue for the Application. Please advise the nature and outcome of the appearance. 17

23 3.08 Preparation and Attendance for Special Chambers $84/hour ($74/hour) Maximum 6 hours per Certificate explanation: Includes preparation of documents, general preparation for appearance, and attendance at Application. Counsel may only initiate one Special Chambers Application per Certificate without prior approval Preparation of Documents when Responding to Regular QB Application $84/hour ($74/hour) Maximum 3 hours 3.10 Attendance in Regular QB Chambers as Respondent $84/hour ($74/hour) Minimum 1 hour per appearance Please advise the nature and outcome of the appearance Attendance at Trial 1st half day to 10th half day inclusive $215/half day ($185/half day) 3.12 Attendance at Trial 11th half day forward $444/half day ($391/half day) explanation: Fee is inclusive of an additional hour per half day for preparation for trial. 18

24 Base Civil Coverage Guidelines Counsel may bill for steps taken pursuant to a Certificate that are not billable under any other Tariff item and were necessary to complete the matters covered by the Certificate. Counsel must bill actual time; billing minimums are not permissible. Although Counsel is not required to produce time records for Base Civil Coverage when submitting accounts, LAA may request time records as part of our audit process, or when considering requests for additional hours. Thus, it is important that Counsel keep time records for all steps billed under Base Civil Coverage. The following may be billed under Base Civil Coverage: Interviews and phone calls with client Reviewing Documents Preparation of all documents and pleadings related to an action Negotiations and correspondence Preparation regarding witnesses, including experts and experts reports Preparation for trial Legal research Concluding matters Appearance before a Dispute Resolution Officer Appearances to adjourn a matter Waiting time in Court Time in Court prior to 9 a.m. or after 5 p.m. Preparation for and attendance at Pre-trial conferences or case management Preparation of written argument or submission for Court Services provided to Legal Aid Alberta i.e. securing mortgage documents Counsel may not bill for the following, as it is anticipated that these steps are adequately compensated by the file opening and closing fees: Preparing memos to place on a file Telephone conversations, correspondence or other steps taken to schedule appointments with client Providing office staff with instructions Sending carbon copy letters to client or anyone else Communication with Legal Aid, via , correspondence or telephone Preparing accounts 19

25 Counsel are asked to use the following as guidelines for billing for the preparation of documents. Counsel may deviate from these guidelines but may be asked to provide an explanation. Basic Correspondence, including or 0.20 hours Review of Correspondence Received, including hours Notice to Disclose/Notice of Motion 0.30 hours Notice of Motion for a Regular Chambers Application 0.30 to 0.50 hours Statement of Claim for Divorce 0.50 hours Request for Divorce 0.30 hours Order 0.50 to 1.00 hours 20

26 4. Administrative Law Certificates Please note that Tariff Items 3.01 (File Opening Fee) and 3.02 (File Closing Fee) apply to Administrative Law Certificates Immigration $84/hour ($74/hour) explanation: Maximum number of hours allowable will be indicated on Certificate. Counsel may bill actual time for all steps included in Base Civil Coverage (Tariff Item 3.03) and for preparation and appearances Workers Compensation Board $84/hour ($74/hour) explanation: Please see Income Security Program (Denial of Benefits) $84/hour ($74/hour) explanation: Please see Canada Pension Plan Appeal $84/hour ($74/hour) explanation: Please see Assured Income for the Severely Handicapped Appeal $84/hour ($74/hour) explanation: Please see Employment Insurance Appeal $84/hour ($74/hour) explanation: Please see Other $84/hour ($74/hour) explanation: Please see

27 5. Civil Appeal Certificates Please note that Tariff Items 3.01 (File Opening Fee) and 3.02 (File Closing Fee) apply to Civil Appeal Certificates Additional Preparation Time when Counsel was not Counsel of Record at the original hearing in Family Court $84/hour ($74/hour) Maximum 5 hours explanation: Counsel may bill for interview time with client, all correspondence, drafting, filing and service of all documents including factum and briefing of law Additional Preparation Time when Counsel was not Counsel of Record at the original hearing in Queen s Bench $84/hour ($74/hour) Maximum 10 hours explanation: Please see Attendance at Speak to the List for Appeals $84/hour ($74/hour) Maximum 1 hour per appearance explanation: Counsel is expected to avoid such appearances whenever possible Waiting Time when Waiting for Appeal to be Heard $84/hour ($74/hour) Maximum 2.5 hours per half day explanation: Time spent waiting for Court to commence is only payable where no other fee is being claimed for the same half day on the Certificate, any other Certificate or a private matter Preparation for Appeal of a decision made in Family Court $84/hour ($74/hour) Maximum 20 hours explanation: Please see Preparation for Appeal of a decision made in the Court of Queen s Bench $84/hour ($74/hour) Maximum 30 hours explanation: Please see

28 5.07 Appearance in Court of Queen s Bench or Court of Appeal for Appeal Hearing $210/half day ($185/half day) 5.08 Preparation of Interlocutory/Leave Applications in the Supreme Court of Canada $1240 ($1092) explanation: Counsel may bill for interview time with client, all correspondence, drafting, filing and service of all documents including factum and briefing of law Preparation of appeal in the Supreme Court of Canada where trial lasted one day or less $84/hour ($74/hour) Maximum 10 hours explanation: Please see Preparation of appeal in the Supreme Court of Canada where original trial lasted more than one day up to five days $84/hour ($74/hour) Maximum 25 hours explanation: Please see Preparation of appeal in the Supreme Court of Canada where original trial lasted more than 5 days $84/hour ($74/hour) Maximum 25 hours per 5 days (or portion thereof) of original trial explanation: Please see All Appearances in the Supreme Court of Canada $1240 ($1092) per day 23

29 6. Opinion Certificates File Opening and Closing fees do not apply to Opinion Certificates Opinion 1 hour Express Payment $89 ($79) explanation: Fee is inclusive of all fees and disbursements for the Certificate 6.02 Opinion 2 hour Express Payment $178 ($158) explanation: Fee is inclusive of all fees and disbursements for the Certificate 6.03 Counsel Unable to Provide Opinion Express Payment $49 ($43) explanation: Fee is inclusive of all fees and disbursements for the Certificate 6.04 Opinion Regular Tariff $84/hour ($74/hour) Maximum hours as specified on Certificate; disbursements may be billed 24

30 7. Extra Tariff Items Extra Tariff Items require prior approval by Legal Aid Alberta. Please see Guidelines on Requesting Extra Tariff Items and Special Disbursements for more information Additional Bail Applications $168 ($148) explanation: Fee is inclusive of preparation and appearance. Item 1.09 also applies Additional Special Chambers Applications $84/hour ($74/hour) Maximum 6 hours or as authorized explanation: Counsel may bill for preparation of documents, general preparation for appearance, and attendance at Application Additional Regular Chambers Applications $84/hour ($74/hour) explanation: Minimum of one hour for appearance; additional hours for preparation as authorized Additional hours Criminal Certificate $84/hour ($74/hour) Maximum hours as authorized 7.05 Additional hours Civil Certificate $84/hour ($74/hour) Maximum hours as authorized 7.06 Travel Costs not anticipated at time of Certificate Issuance As authorized 7.07 Watching Briefs $84/hour ($74/hour) Maximum 2.5 hours per half day 7.08 Other As authorized 7.09 Discretionary Increase As authorized explanation: In cases of more than usual complexity, Counsel may request a discretionary increase in the Tariff rates. Counsel must explain all steps taken on behalf of the client and why Counsel believes a discretionary increase is justified. Such requests may be authorized by the Vice-President of Client Services or her delegate, or may be referred to a Committee for decision. 25

31 Guidelines on Requesting Extra Tariff Items All Extra Tariff Items and Special Disbursements require prior approval. Counsel must submit an on-line request, or a request in writing to the Contact Person on the Certificate. Requests cannot be considered without all of the necessary information, as set out below. Once your request has been considered, you will be advised of the decision as soon as possible and will be informed of your options to appeal that decision if appropriate. Extra Tariff Items It is anticipated that the coverage provided for under the Tariff will be sufficient to bring most matters to conclusion; however, if Counsel concludes additional coverage is required, Counsel may request an Extra Tariff Item Additional Bail Applications The Tariff allows only one Bail Application in the Court of Queen s Bench per Certificate. If Counsel is of the opinion a subsequent QB Bail Application is warranted, Counsel may request coverage for same by indicating: Why a subsequent bail application is warranted A very brief Opinion statement on the likelihood of success 7.02 Additional Special Chambers Applications The Tariff allows only one Special Chambers Application as Applicant. If Counsel is of the opinion a subsequent Special Chambers Application is warranted, Counsel may request coverage for same by indicating: The issues dealt with in the earlier Special Chambers Application(s) and the outcome of that Application(s) Issues to be resolved at the subsequent Special Chambers Application A very brief Opinion statement on the likelihood of success Six hours for preparation, drafting documents and attendance is generally granted for a Special Chambers Application; if Counsel is of the Opinion more time is necessary, Counsel should indicate how many hours are requested and provide an explanation as to why the matter is expected to be more time consuming than a standard application. 26

32 7.03 Additional Regular Chambers Applications The Tariff allows only two Regular Chambers Applications as Applicant. If Counsel is of the opinion a subsequent Regular Chambers Application is warranted, Counsel may request coverage for same by indicating: The issues dealt with in the earlier Regular Chambers Applications and the outcome of those Applications Issues to be resolved at the subsequent Regular Chambers Application A very brief Opinion statement on the likelihood of success An indication of whether additional hours for preparation are required under Base Civil Coverage and if so, and explanation of how many hours are required and how those hours will be used 7.04 Additional Hours Criminal Certificate The Tariff includes time for interview time with the client and legal briefing under Tariff item 1.06, and for correspondence, disclosure review, preparation for Court, and other such steps under the applicable disposition Tariff item. If Counsel is of the Opinion that additional hours are required for any steps, Counsel may request coverage for same by indicating: How many additional hours are being requested A breakdown of how the additional hours would be used An explanation of why additional hours are necessary An explanation of how any additional hours previously approved on the Certificate were used This Extra Tariff Item can also be used to request additional hours on a Criminal Appeal Additional Hours Civil Certificate The Tariff provides Counsel with set numbers of hours for Base Civil Coverage, for other steps taken on civil matters, as well as for Civil Appeals. If Counsel is of the Opinion that additional hours are required for Base Civil Coverage or any other steps, including on Appeals, Counsel may request coverage for same by indicating: How many additional hours are being requested A breakdown of how the additional hours would be used An explanation of why additional hours are necessary An explanation of how any additional hours previously approved on the Certificate were used 27

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