Disclaimer
The information provided in this blog and the website is for general informational purposes only and does not constitute legal advice. Reading this blog does not create a lawyer-client relationship.
Hiring a family lawyer involves more than choosing the right person for your case. Before work begins, you will be asked to sign a Retainer Agreement and pay an upfront deposit. Understanding what that agreement must contain, how your money is held, and what rights you have as a client can make the process significantly less stressful and reduce financial strain.
What Is a Retainer Deposit?
The two terms are related but not the same. A “retainer” is the upfront deposit itself, while the “Retainer Agreement” is the written contract that sets out the terms governing your engagement with the firm, including how that deposit is billed against. A retainer is an upfront deposit paid before legal work begins. It is held in the lawyer’s trust account under Law Society of Ontario (“LSO”) rules and drawn down as fees are invoiced. Any balance remaining at the end of the matter is returned to you. Once the trust balance falls below the threshold specified in your Retainer Agreement, the lawyer may require the account to be topped up before work continues.
What a Retainer Agreement Must Contain
Under LSO Rules of Professional Conduct r. 3.2-4, a lawyer must not act without a written Retainer Agreement, and fee terms must be confirmed in writing before work begins or within a reasonable time after the retainer starts. The Statement of Account must separately identify fees and disbursements. A total figure without itemization does not meet the LSO’s billing transparency requirements.
A compliant Retainer Agreement in Ontario must include the lawyer’s name, firm, and contact information, the nature of the matter and the scope of services covered, any limitations on the scope of representation, the billing method (hourly, flat fee, or a combination), the hourly rate of each lawyer and law clerk assigned to the file, how disbursements will be billed, the trust account replenishment threshold, and the client’s right to a statement of account at any time.
How Foote Law Structures Representation
Foote Law believes clients are entitled to know exactly what they are paying for, and all of our representation is structured around that principle. Every file begins with a signed Retainer Agreement and a deposit, with all work on the matter billed against that deposit and the agreement’s terms. The typical deposit is $3,500, though the amount may move up or down depending on the facts of your case. Billing is hourly, calculated according to the assigned lawyer’s hourly rate and the law clerk’s hourly rate, each recorded in six-minute increments.
Foote Law is a clerk-based firm: we rely on our law clerks as much as possible, since their hourly rate is lower than that of a lawyer’s, and we bring a lawyer in where legal advice, court attendance, or a lawyer’s involvement is necessary or mandatory. That structure is what allows us to keep costs as low as possible while still giving every file the right level of legal oversight. Foote Law accepts Legal Aid Ontario certificates and Employee Assistance Program referrals, both of which include a complimentary 30-minute consultation and reduced hourly rates. Foote Law offers a full retainer for complete conduct of family law, criminal law, real estate, and wills and powers of attorney matters, as well as unbundled retainers for clients who engage legal services on a task-specific basis.
Consultations are billed the same way: based on the assigned lawyer’s hourly rate and the amount of time spent together. For example, a half-hour consultation is billed at half of that lawyer’s hourly rate. Clients with a Legal Aid Ontario certificate or an Employee Assistance Program referral through their employer’s benefits are eligible for a free 30-minute consultation.
Foote Law serves clients in Orangeville, Brampton, Shelburne, Alliston, Barrie, Owen Sound, Newmarket, Guelph, and throughout the Greater Toronto Area, in person and virtually.
How Fees Are Structured
Hourly billing is the standard structure for family law matters. Time is recorded in six-minute increments (0.1 of an hour). Court appearances, correspondence, document review, and calls are all recorded and billed at the applicable rate. Law clerk time is billed separately at a lower hourly rate as compared to the lawyers.
Flat fees are sometimes used for matters with a defined scope. Common applications in Ontario family law include uncontested divorce, separation agreement drafting, marriage contracts, cohabitation agreements, wills, and powers of attorney. Work outside the defined scope is billed at hourly rates, or according to the terms of the Retainer Agreement.
Whether a particular matter is billed hourly or on a flat-fee basis depends on the firm, as each firm offers its own fee and rate structures. Rates themselves vary by firm, by lawyer experience, and by jurisdiction, with large urban centres generally costing more than rural areas. It is worth discussing fee structure and rates with prospective counsel before signing a Retainer Agreement.
Disbursements are charged in addition to legal fees and are subject to HST at 13%. Common examples include court filing fees, process server fees, courier costs, and third-party reports, all of which are billed as disbursements.
The Trust Account
All client funds received by an Ontario lawyer must be deposited immediately into a lawyer’s / law firms trust account, held separately from the firm’s operating account, as per the LSO. The LSO may audit trust accounts without prior notice.
Funds may only be drawn from trust after a fee has been billed. Monthly reconciliation is mandatory and records must be retained for a minimum of six years. The LSO Compensation Fund reimburses clients who suffer loss through a lawyer’s misappropriation of trust funds. Clients should confirm current maximum grant amounts directly with the LSO at lso.ca, as these figures are subject to change.
Full Retainer and Limited Scope Retainer
A full retainer means your lawyer handles all communications with opposing counsel, court filings, and court appearances at every stage of the proceeding, and carries your matter until resolution.
A limited scope retainer, defined under the LSO Rules of Professional Conduct as the provision of legal services for part but not all of a client’s legal matter by agreement between the lawyer and the client, assigns professional responsibility for defined tasks only. The agreement must be in writing and must define the scope of representation with precision.
Common applications of limited scope services in Ontario family law include legal advice on a separation agreement proposed by the other party, preparation of specific court documents without ongoing file conduct, legal coaching before a court appearance where the client appears unrepresented, and a discrete legal opinion on a specific issue.
The Initial Consultation
An initial consultation gives both the lawyer and the prospective client a chance to feel each other out and confirm a good fit, allows the client to receive preliminary legal advice on their situation, and helps the lawyer and client devise a plan for next steps.
The initial consultation is covered by solicitor-client privilege from the moment it begins. A Retainer Agreement is signed after the consultation, not before, if the client decides to retain the firm.
The cost of an initial consultation varies from firm to firm, depending on the lawyer, the length of the meeting, and whether the client qualifies for a Legal Aid Ontario certificate or an Employee Assistance Program referral.
Legal Aid Ontario certificates cover legal representation for eligible clients in family law matters involving children, domestic violence, or urgent financial issues. Applications are made over the phone through LAO’s call centre, which assesses eligibility against the applicable income thresholds before issuing a certificate. The lawyer bills LAO directly. As of March 2025, LAO more than doubled its previous income eligibility thresholds, with the income threshold rising to $45,440 for families of up to four people. Individuals receiving Ontario Works or ODSP are typically eligible. Contribution Agreements may apply where the client recovers property through the proceeding, an arrangement under which LAO recovers the legal costs it funded out of the property or settlement the client receives.
Employee Assistance Program referrals cover an initial 30 min consultation and reduce hourly rates for ongoing representation. The lawyer bills the EAP provider directly on receipt of the referral letter.
The LSO Referral Service, available at lso.ca, provides a free 30-minute consultation with a licensed lawyer or paralegal. Requests should specify family law to ensure an appropriate referral is made.
What Determines Total Cost
Total legal cost in a family law matter depends on whether issues are contested or resolved by agreement at an early stage, the parties compliance with financial disclosure obligations, the number of court attendances required, whether expert evidence is needed (business valuations, Section 30 assessments, actuarial reports, or property appraisals), and the other party’s litigation conduct, including unnecessary motions, repeated adjournments, and non-compliance with court Orders.
Total cost also depends on the complexity of the matter and both parties’ willingness and ability to exchange information, negotiate, and reach a resolution. Trial is rare in family matters, but if a matter does proceed to trial, costs increase significantly.
The best way to keep costs down is to be proactive, prepared, calm, and organized, and to remain willing to exchange information, discuss, and negotiate.
Client Rights
Under the LSO Rules and the Solicitors Act, clients are entitled to a written explanation of the billing method, hourly rates, and trust account terms as well as request a statement of account at any time with fees and disbursements itemized separately.
Clients also have the right to have their final account assessed by a court officer under the Solicitors Act. Within one month of receiving the final bill, assessment can be obtained as of right. After one month and up to 12 months from delivery of the account, the court retains discretion to Order an assessment. Beyond 12 months, special circumstances must be established.
Have Questions About Legal Fees or Retainers?
Every matter is different, and so is the cost. If you’d like to discuss a Retainer Agreement, fee structure, or your options for a consultation, call Foote Law in Orangeville at 519-940-8309.
