Sample Short Form Litigation Cost Estimate Template
Matter:
_________________________________
Cost
Estimate Period: _____________________
ASSUMPTIONS
This cost
estimate is based on a number of assumptions as follows:
- The
lawyer and staff time required for each process or procedure cannot be
quantified precisely. All estimates are subject to the inherent
unpredictability of litigation.
- The
process described below may be commenced and interrupted by a settlement discussion.
The estimate is based on the number of hours the lawyer estimates each procedure
will require based on the hourly rate of the lawyer or staff member who will be
required to perform it. Some services require the work of more than one lawyer
or staff member. For example, documents prepared for submission to opposing
parties and the court are carefully checked by more than one member of the
firm, and typically go through several draft versions before completion.
- Services
by freelancers who are not employees, partners or associates of the law firm
maybe required. Even in simple cases, filing agents are hired for searches,
court filing and service of documents.
- This
estimate does not include an estimate of the cost of expert reports. In most
cases, expert witnesses, such as forensic accountants and valuators are
required. Other experts may also be retained depending on the circumstances of
the case, including economists, engineering experts, construction experts, real
estate appraisers, a document analysts, etc. These skilled professionals charge
fees on an hourly basis.
- The
hourly rates used in this estimate are:
Senior Counsel: $____________
Associate Counsel: $____________
Junior Counsel: $____________
Paralegal: $____________
Articling or Summer Student: $____________
Clerk: $____________
These hourly
rates increase annually by no more than 5%. The time it will take to complete
the case is not entirely predictable; therefore, the rates used are for the
current year only.
- Every lawyer
is fully committed to obtaining the best possible result for the client, but
the results of litigation may be affected by
1) the facts of
the case
2) how witnesses
deliver their evidence at trial
3) whose
evidence the trial judge prefers, and
4) principles of
law.
- The
fees and disbursements are payable regardless of the result unless a special arrangement
has been made between the lawyer and the client. Lawyers and clients may make
special arrangements for
1) fees driven
in whole or in part by the result
2) reduction of
fees in the case of an unsatisfactory result, and
3) a success
bonus in the case of a satisfactory result
ASSESSMENT
OF THE MATTER, DEVELOPMENT AND ADMINISTRATION
Fact
Investigation $_________
Case
Analysis, Development of Case Strategy $_________
Experts
and Consultants $_________
Offers to
Settle, Settlement, and Alternative Dispute Resolution (ADR) $_________
Disbursements $_________
PRE-TRIAL
PLEADINGS AND MOTIONS
Pleadings $_________
Interim
and Interlocutory Motions and Motions without Notice $_________
Court
Mandated Conferences, Case Management and Mandatory Mediation $_________
Motions
for Final or Summary Judgment $_________
Appeals
from Interim, Interlocutory or Summary Judgment Motions $_________
Disbursements $_________
DISCOVERY
Documentary
Disclosure and Production $_________
Examinations
for Discovery $_________
Discovery
Motions $_________
Disbursements $_________
TRIAL
PREPARATION AND TRIAL
Fact
Witnesses $_________
Expert
Witnesses $_________
Other
Trial Preparation $_________
Pre-trial
Hearings $_________
Attendance
at Trial $_________
Post-Trial
Motions and Submissions $_________
Enforcement $_________
Disbursements $_________
APPEAL
Appellate
Motions and Submissions $_________
Appellate
Briefs $_________
Oral
Argument $_________
Disbursements $_________
Examples
of Disbursements incurred by the lawyer
(Note:
Not all disbursements are applicable in every case)
- Searches – corporate, title, motor
vehicle, drivers licence, PPSA
- Filing clerk and agent for searches,
filing in court and service of documents
- Court Filing fees Application,
Statement of Claim, Statement of Defence, etc.
- Court filing fees for motions
- Photocopies and binding of
applications
TOTAL
ESTIMATED COST $_________
HST is added
to amounts as required.
The law firm
requires a retainer in the amount of $_______________. Interim accounts are
submitted at appropriate intervals and are due within 30 days of receipt. The
law firm will request that the retainer be refreshed as the case progresses.
The failure to pay outstanding accounts or to provide an additional retainer as
requested is a justification for the termination of the law firm’s services.
Interest is payable on outstanding accounts 30 days after submission at the
rate shown at the bottom of the account.