Tariff and Billing Handbook - Legal Aid Ontario

1 Legal Aid Ontario Tariff and Billing Handbook 1 Legal Aid Ontario : Tariff and Billing Handbook Public information Title: Tariff and Billing / Handbook Author: Legal Aid Ontario Lawyer Services & Payments Published: October 2007 Last updated: July 2015 Table of Contents 1. Introduction 1-1 2. Hourly Tariff and Block Fee Billing 2-1 3. Criminal Tariff 3-1 4. Civil Tariff 4-1 5. Travel Tariff 5-1 6. Costs and Contributions 6-1 7. Sample Forms 7-1 Ce document est disponible en fran ais. Acknowledgements We would like to acknowledge the many hours of work that have gone into revising this manual. In particular we d like to thank all the staff of the Lawyer Services and Payments Department and Communications department who drafted and reviewed the updated chapters.

2 2 Legal Aid Ontario : Tariff and Billing Handbook LAO Contact Information Mailing Address: Legal Aid Ontario 40 Dundas Street West Suite 200 Toronto, ON M5G 2H1 Main Telephone # 416-979-2352 Or Toll free: 1-800-668-8258 Website: Departments Lawyer Service Centre o To check on the status of an account o Questions about direct deposit / banking information o Help with online Billing using Legal Aid Online o Change of contact information o General Tariff information o Experience level increases o Information about review of an account o 416 979-9934 or 1-866-979-9934 Disbursements o Main number + LAO LAW (Research Facility) o 416-979-1321 or 1-800-265-1392 (toll-free) o o Reciprocity Coordinator (for out of province issues) o 416-204-4703 Client Account Services (collections)

3 O Main #, Press 0 during business hours to speak to an operator o For all inquires about contribution agreements and liens. Mentoring o See information on LAO s website at: Tariff and Billing Handbook 1. Introduction i. Legal Aid Ontario : Tariff and Billing Handbook Chapter 1: Introduction Legal Aid Ontario Chapter 1: Introduction Title: Tariff and Billing / Handbook Chapter 1: Introduction Author: Lawyer Services & Payments Last updated: April 2012 Table of Contents 1. Statutory Mandate ..1 2. Vision ..1 3. Values ..2 4. Lawyers and Legal Aid Ontario ..2 5. About this Handbook ..3 6. Resources for Lawyers.

4 4 LAO LAW .. 4 Mentor Service .. 5 Legal Aid Area Offices .. 5 Lawyer Services and Payments Department .. 5 7. Accepting Certificates ..7 8. Refusing Certificates ..8 9. The Lawyer s Obligations ..8 General .. 8 Lawyer referral list .. 9 10. Contacting the Area Office ..9 Change in client s circumstances .. 10 Certificate authorizations .. 10 11. Expired and Cancelled Certificates .. 11 11 Cancellation .. 11 Termination .. 11 12. Change of Solicitor .. 12 i. Legal Aid Ontario : Tariff and Billing Handbook Chapter 1: Introduction 13. Other Legal Aid Policies .. 12 Accepting private payment .. 12 Audit & Compliance Unit (ACU).

5 12 Review of lawyers billings by Investigations Department .. 13 Freedom of Information and Protection of Privacy Act (FIPPA).. 14 14. French Language Services .. 15 1- 1 Legal Aid Ontario : Tariff and Billing Handbook Chapter 1: Introduction Chapter 1: Introduction 1. Statutory Mandate The Ontario government introduced legislation in late 1998 that created an independent agency called Legal Aid Ontario (LAO). The purpose of the corporation is to promote access to justice throughout Ontario for low-income individuals. The Legal Aid Services Act, 1998, (LASA) establishes the following mandate for LAO: To promote access to justice throughout Ontario for low-income individuals by providing high quality Legal aid services; To encourage and facilitate flexibility and innovation in the provision of Legal aid services; To recognize the diverse Legal needs of low-income individuals and disadvantaged communities; To operate within a framework of accountability for the expenditure of public funds.

6 As part of its mandate, LAO is committed to identifying, assessing and recognizing the diverse Legal needs of low-income individuals and disadvantaged communities. LAO provides Legal aid services by any method it considers appropriate, including certificates, staff offices, duty counsel, community Legal clinics, public Legal education, summary assistance, alternative dispute resolution and self-help materials. 2. Vision Legal Aid Ontario will pursue its legislative mandate with the goal of achieving: excellence in accessibility and quality of client service; effective relationships with service providers; and efficient, accountable and innovative use of resources.

7 1- 2 Legal Aid Ontario : Tariff and Billing Handbook Chapter 1: Introduction 3. Values Integrity: We act with integrity and we assume that others do so. Respect: We practice respect in all relationships. Responsiveness: We are responsive to clients, stakeholders and staff. We treat people in an equitable way, recognizing their needs. Excellence: We strive for excellence and continuous quality improvement. We aim to attract and retain the best employees. Independence: We are an independent part of the justice system. Accountability: We are accountable to the government, clients, stakeholders and staff. Openness: We are open and consultative in decision-making.

8 Consistency: We are consistent in our processes and decision-making. We create unity across the organization. We make decisions on the basis of facts and sound principles. 4. Lawyers and Legal Aid Ontario The certificate and duty counsel programs are a form of public-private partnership in serving low-income individuals throughout Ontario . LASA obliges LAO to recognize the private bar as the foundation of Legal aid services in the areas of criminal and family law this maintains the fundamental right of choice of counsel for poor people. The province, through LAO, provides funding and other support, while private lawyers contribute to Legal aid by accepting the Legal aid rates and Tariff for Legal services provided to clients.

9 The Legal aid Tariff is a regulation that sets out the compensation payable to lawyers who provide services to low-income clients. It sets hourly rates and then establishes maximum numbers of hours which Legal Aid Ontario (LAO) pays a lawyer for specific types of proceedings. 1- 3 Legal Aid Ontario : Tariff and Billing Handbook Chapter 1: Introduction 5. About this Handbook Who is it for? This Handbook is intended for lawyers and their staff, to outline the policies and procedures for Legal aid Billing and the Legal aid Tariff . The Handbook is for lawyers already on a Legal aid panel (duty counsel and/or certificate).

10 If you have not yet registered for panel membership, please contact your local Area Director at the Legal Aid office. What s in it? This Handbook is a plain language interpretation of the regulation and schedules. It applies to certificates issued on or after April 1, 2003, as well as to the new Tariff rates applicable to certificates issued on or after April 1, 2007. For more detailed information on the regulations and schedules, see the following documents: Ontario Regulation 106/99 as amended; Ontario Regulation 107/99 as amended; The Legal Aid Services Act, 1998 as amended. For information on the Tariff rules applicable to certificates issued before April 1, 2007, please refer to the Ontario Annual Practice for the prior Regulation and Schedules.