Legal Process & Fees

At Aaron Waxman and Associates, P.C., our lawyers understand that all our clients and their cases are unique. We therefore ensure that all services are tailored to each individual client from the outset. It all starts with how we charge for legal fees.

At our firm we recognize that most people who require professional legal services cannot afford to pay upfront for such services when their income or benefits have been terminated or denied by an insurer or employer. Moreover, we recognize that people who have not been paid by their insurer or employer in some time would have to first be concerned about finances for their shelter and living expenses prior to worrying about the costs associated with obtaining competent legal counsel to assist them with their claim. More importantly, how can a person be expected to access justice if they are unable to pay for legal fees? At Aaron Waxman and Associates, P.C., for as long as we are your lawyers, we only get paid if we get you paid.

There are many law firms who will ask you to pay upfront to fund the fees of the lawyer. There are also those firms that will ask you for payment of expenses or disbursements regardless of the outcome of your case. Some will request payment upfront and others will request payment at the end of the claim or lawsuit, regardless of whether you are paid at the end of your lawsuit or claim. There are many firms that will charge you a blended hourly and percentage rate, and you may be held financially responsible to pay the hourly rate even if you are not paid at the end of your lawsuit or claim. Provided that we are your lawyers at the end of your case, we will never hold you financially responsible for our time or expenses if you are not paid at the end of your case.

At Aaron Waxman and Associates, P.C., our lawyers only get paid if there is a settlement of the case or successful outcome at trial. This means that once a settlement is reached or there is a positive outcome following a trial, we then take our fees and disbursements. At Aaron Waxman and Associates, P.C., unlike many other firms, we charge a pure contingency fee plus disbursements. This means that, provided we are the lawyer when the case settles or Judgment is rendered, we do not charge our client if our client is not paid at the end of their case.

Moreover, the lawyer’s account should never come as a surprise to any client. For this simple reason, all clients are advised in writing as to the amount of money they should receive prior to them signing settlement documentation. Clients are provided with copies of their written instructions and settlement documentation.

In terms of our account, the account is always transparent and all disbursements and/or expenses incurred by the law firm are itemized and accounted for as are all credits that the client is entitled to receive.

At Aaron Waxman and Associates, P.C., the contingency fee charged is based on the following factors:

• The complexity of issues in dispute;
• The time and effort expended by the lawyers, law clerks and administrative staff to bring about your result;
• The risks of taking on such a case; and
• Results achieved on your behalf in the context of these issues.

Aaron Waxman and Associates, P.C. practises in several areas of law, so our fees vary depending on the legal matter, the type of case, and the surrounding circumstances.

As lawyers who charge contingency fees, we are required to advise clients of the maximum fee we may charge. However, the maximum fee set out below does not mean that you will necessarily be charged that amount. Your actual fee may be lower at the time you retain us or when your matter settles, depending on the type of case and other relevant circumstances. In addition to any fee percentage charged, we are also required to apply Harmonized Sales Tax (HST) to our legal fees.

The maximum percentage charged for a contingency fee per subject area is as follows:

• Disability (LTD/STD/creditor disability/Loan disability) is 35%;
• Mortgage Disability is 35%;
• Critical Illness Insurance (C.I.) & life insurance claims (C.I./life group/individual policy or Mortgage C.I./life or creditor s C.I./life) is 35%;
• Employment (wrongful dismissal, constructive dismissal) is 45%;
• Human Rights claims, Human Rights Tribunal type cases is 45%;
• Motor Vehicle Accident Claims (accident benefits and/or tort claim) is 35%;
• Slip/trip and fall type cases is 35%;
• General negligence type cases is 35%;
• Business interruption type cases is 35%;
• Canada Pension Plan Disability Cases is 33% (the 33% applies to arrears only);

The fees charged to you may be the same as those charged above, however, the fees charged to you will not exceed the above percentage. The amounts charged for fees do not include disbursements (also known as expenses). Some disbursements are HST applicable while others are not. All disbursements whether HST applicable or not, are itemized on the final account.

I am hopeful that the above explanation provides clarity to all those who review our website.

Aaron Waxman