Fees

The client-lawyer relationship is necessarily built on trust and confidence. Once retained by the client, Mr. Clark prefers to be talking to his clients about their defence rather than legal fees. That said, it is essential that nothing, including fees, be permitted to interfere with the working relationship between client and lawyer. The fees and other aspects of the client-lawyer relationship are thus set out in a written retainer agreement. A retainer agreement addresses in advance those issues that could otherwise distract or interfere with the relationship upon which winning depends.

For the client’s benefit, a written retainer sets out the fees that the client should reasonably expect to pay for a complete defence. Those amounts often turn out to be less than first anticipated, because things can always happen to curtail a prosecution. It is preferable for the client in advance to have their eyes wide open about the possible extent of the fees than to be surprised late in the case about some sudden costs they did not plan for.

Mr. Clark’s fees are competitive having regard to his advanced experience and 21 years of expertise.

  • The retainer agreement also provides a written record of what the lawyer will do on the client’s behalf. This provides reference point for the big picture and assists the client in asking focussed questions of the lawyer by way of on-going advice and updates. Consider this list of the tasks and services that defence counsel will usually have to provide, at a minimum, taken from a standard Retainer used by Mr. Clark’s criminal law office:
  • Attend remand/administrative court appearances;
  • Obtain and review police/crown disclosure materials;
  • Request, obtain and review further/other disclosure materials arising from initial disclosure review;
  • Analysis and advice with respect to known disclosure, witnesses, evidence, etc., and all aspects of the defence affecting nature of plea, pre-trial and trial motions/applications, trial and/or sentencing issues;
  • Conduct pre-trial discussions with Crown prosecutor as per court protocols/practice directions for date setting, and related preparation;
  • Seek and secure such bail variations on consent as reasonably warranted;
  • Take final instructions with respect to disclosure/evidence, pre-trial and trial motions/applications, plea to be tendered;
  • Legal research with respect to specific issues, preparation of submissions;
  • Conduct witness interviews, prepare examinations of witnesses;
  • Conduct Judicial Pre-trial conferences [“JPT”] as per court protocols/practice direction for date setting, and related preparation;
  • Draft, serve and file pre-trial and trial motions/applications;
  • Secure hearing date for pre-trial motion/application(s), if any, in coordination with Crown and Court schedules;
  • Secure hearing date(s) for trial in coordination with Crown and Court schedules;
  • Prepare client and other defence witnesses, if any, for testimony;
  • Attendance at Court for conduct of trial;
  • Attendance at Court for sentencing proceedings, if any.

 

PAYMENT PLANS

A criminal charge can be life altering, like a catastrophic accident or sudden serious illness. But much can be done to control the outcome. Mr. Clark understands the predicament that criminal justice thrusts accused persons and their families into; and the flexibility required to ensure a full defence within your means. In most cases the retainer can be based on a payment schedule by which fees are deposited over time as the case makes its way through the courts.

The stress of a criminal prosecution impacts family, career and social life. Payment plans are part of a structured response to the stress allowing both client and counsel to stay focussed on the greatest stress-reliever of all: winning the case.

Mr. Clark’s office is sensitive to clients’ particular financial situations and prepared to take extenuating circumstances into account where the client’s financial means and access to justice are real issues.

Expertise

The Supreme Court of Canada describes ours as “a liberal and enlightened system of pre-trial release under which an accused must normally be granted bail”. In principle, most accused can and should be released on bail. In practice, having an experienced lawyer in bail court can make the difference between bail and jail... 

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An experienced criminal defence lawyer ensures that clients gain a true sense of confidence about how the system works, what can be done, and what will happen in court. The lawyer’s role is to give the client a practical grasp of the situation so that the client can instruct the lawyer with confidence. The lawyer’s job is to give the client a voice where the client would otherwise be ill-equipped to express and defend themselves...

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If you are convicted of driving while Impaired, ‘Over 80’, Refusing Breath Sample or Dangerous Operation, the Judge has no choice but to impose minimum penalties, including a mandatory license suspension. When your license is later reinstated, your insurance rates go off the dial. Your only chance to completely avoid that is to go to trial with an experienced criminal lawyer...

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‘Zero-tolerance’ became the touchstone of Domestic Violence enforcement many years ago, and it now seems to be so with alleged sex crimes. ‘Zero-tolerance’ does not comprehend the presumption of innocence. It prevents police and crowns from exercising discretion to weed out bad cases...

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If you have been searched or had property seized by police or other state agents, you may have been the victim of illegal conduct and that may be evidence that a Judge will allow the Crown to use against you. Sections 8, 9, 10 and 24 of the Charter of Rights and Freedoms may provide you with a complete defence...

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Contact

539 MAIN ST. W., 2ND FLOOR
NORTH BAY, ONTARIO P1B 2V3

1 416 981 7780

 

Do not send confidential information or details about your case by email. Do not forward any documents to us. We will not review such information nor can we provide advice until we have accepted you as a client.

Please note that any email correspondence to contact the firm is informational only. You will not be considered a client of the firm until we have agreed to act for you in accordance with our usual policies for accepting clients. The content of this website is provided for informational purposes only and should not be construed as legal advice. 

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