How Much Will It Cost?

Fees are most often charged by the hour, at a rate that reflects the lawyer’s experience. Some matters can be handled for a fixed fee, and certain estate claims, such as a wills variation claim, may be taken on a contingency basis, where the fee is a percentage of what is recovered. Family law matters are generally billed hourly or by fixed fee rather than on contingency.

The main drivers are the scope of the work, how complex the issues are, how much the other side disputes, and whether the matter settles or goes to trial. A file that resolves through negotiation costs far less than one that runs through discovery, applications, and a trial. Because so much turns on the specifics, a lawyer cannot give a reliable figure without first understanding your situation.

Disbursements are out-of-pocket costs that are separate from the lawyer’s fees, such as court filing fees, charges to obtain records, process server fees, and payments to expert witnesses like business valuators or medical professionals. These are billed in addition to the fees for legal work and can add up in a contested matter.

Not in full. A successful party is usually awarded costs under the court rules, but those costs are set by a tariff and typically cover only a portion of what you actually paid your lawyer. In some estate cases the court may order costs paid out of the estate. Costs are decided at the end of a matter and are not a substitute for budgeting for your own fees.