Sample Long 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%. As
this is only an estimate of the time required to complete the case, 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 $_________
All actions
to investigate and understand the facts of a matter, including
- interviews with clients and potential
witnesses
- identification and verification of
all appropriate parties, including identification, corporate searches and letters
of authority
- review of documents to learn the
facts of the case
- consultations with investigators
- all related communications and
correspondence, including e-mails and teleconferences
Case
Analysis, Development of Case Strategy $_________
The
thinking, strategizing, and planning for a case, including
- discussions, writing, and meetings on
case strategy
- legal research for case assessment
purposes, for developing an initial theory of the case, and basic case strategy
- preparation of written opinion, if
required or appropriate
Experts
and Consultants $_________
Identifying
and interviewing experts and consultants, whether testifying or not testifying,
consulting with them, developing expert reports, reviewing and understanding
expert reports, reviewing opposing party’s expert reports, and
- identifying the required experts and
selecting the best expert for each issue, including conducting research to find
the best expert
- identifying the scope of each
expert’s potential evidence
Offers to
Settle, Settlement, and Alternative Dispute Resolution (ADR) $_________
Note: Efforts to settle can take place at
any time during the case.
All
settlement activities, including
- advising on alternative dispute
resolution options
- planning for and participating in
formal and informal settlement discussions, four-way meetings, conferences, and
hearings
- pursuing and participating in
mediation and other non-binding (ADR) procedures
- pre-litigation demand letters and
ensuing discussions
- drafting offers to settle, reviewing
offers to settle from opponents
- implementing a settlement
- drafting minutes of settlement
Disbursements $_________
PRE-TRIAL
PLEADINGS AND MOTIONS
Pleadings $_________
Developing,
drafting, editing, and reviewing Claims, Statements of Claim, Counter-Claims, Third-Party
Claims, Statements of Defence, Applications, Answers
Developing,
responding to, and arguing motions directed at pleadings such as motions to
dismiss, motions to strike, demands for particulars, and jurisdictional motions
Interim
and Interlocutory Motions and Motions without Notice $_________
Developing and
discussing strategy for interim remedies, including motions to vary interim
orders (note: some interlocutory motions are much more complicated than others)
Motions for
interlocutory injunctions, Mareva injunctions and Anton Piller Orders, where
appropriate, require special considerations
Assessment
as to whether or not a motion without notice, such as a Certificate of Pending
Litigation, Mareva injunctions or an Anton Piller Order is appropriate
Conducting
legal research for interim and interlocutory motions
Preparing
motions, affidavits and motion records
Reviewing
opponents' motion documents
Responding
to opponents' motion documents
Cross-examinations
on affidavits in support of motion
Cross-examinations
of non-party witnesses
Preparation
of factum and oral argument
Preparation
of Brief of Authorities
Attending to
settlement discussions, meetings and communications to settle interim motion
Preparing
Offer to Settle interim motion
Preparing
for and attending at hearing of motion
Attending to
and effectuating any remedy or implementing terms of interim order, including
- drafting or reviewing order
- attending to issuing and entering
order
- implementing procedures to enforce
order
Court
Mandated Conferences, Case Management and Mandatory Mediation $_________
Preparing
for and attending hearings and conferences required by court order or
procedural rules and preparation of supporting documents, such as mediation
briefs, case conference briefs or settlement conference briefs
Motions
for Final or Summary Judgment $_________
Developing
and discussing strategy for remedies
Conducting
legal research for motion
Preparation
of factum and oral argument
Preparation
of Brief of Authorities
Preparing
for and attending hearing of motion
Attending to
and effectuating any remedy or implementing terms of interim order, including
- drafting or reviewing order
- attending to issuing and entering
order
- implementing procedures to enforce
order
Disbursements $_________
Appeals
from Interim, Interlocutory or Summary Judgment Motions $_________
Considering
reasons for decision of motion
Assessment
of potential grounds and prospects for success on appeal
Where
required, assessment of prospects of success on motion for leave to appeal
Preparation
and service of Notice of Appeal
Assessment
of whether a motion for stay is required and, if so, preparation of Notice of
Motion, Affidavit and factum and attendance for oral argument on the motion
Assessment
of whether any new evidence is required on appeal and the test for introducing
it
Preparation
of factum and oral argument on appeal
Preparation
of Brief of Authorities
Preparation
of Offer to Settle the results of the motion
Discussion
with clients and opposing counsel as possibilities of settlement of the result
of the motion
Preparing
for an attending at hearing of motion
Attending to
effectuating any remedy or implementing terms of interim order, including
- drafting or reviewing order
- attending to issuing and entering order
- implementing procedures to enforce order
DISCOVERY
Documentary
Disclosure and Production $_________
Attending to
disclosure and production of documents in accordance with court rules,
including,
- gathering of documents, including
electronic records
- reviewing and identifying documents
for production
- reviewing documents for privilege,
making and responding to privilege claims
- preparing Affidavits of Documents
- responding, objecting to, and
negotiating requests for production of documents.
Examinations
for Discovery $_________
Planning and
preparing for examination for discovery of client and opposing parties,
including
- preparing and serving notices for
examination of discovery
- communicating with opposing or other
party's counsel on scheduling and logistics
- reviewing documents and pleadings
- meetings with client or third-party
witnesses
- Attendance
at examination for discovery of client and of opposing parties
Attending to
all post discovery matters, including
- reviewing transcripts with client
- answering undertakings
Discovery
Motions $_________
Developing,
responding to, and arguing all motions that arise out of the discovery process
Motions for
undertakings and refusals to be answered
Disbursements $_________
TRIAL
PREPARATION AND TRIAL
Fact
Witnesses $_________
Preparing
for examination and cross-examination of non-expert witnesses
Expert
Witnesses $_________
Preparing
for examination and cross-examination of expert witnesses
- review of expert reports and
discussion with expert to ensure that facts and assumptions are correct
- service of expert reports at least 90
days before trial
- review of opposing parties’ expert
reports and conferences with clients and expert witness to assess their impact,
including discussion with expert about supplementary or responding report
Other
Trial Preparation $_________
All other
time spent in preparing for trial, including
- developing overall trial strategy
- preparing opening and closing
arguments
- identifying documents for use at
trial
- preparing factum, Book of
Authorities, Exhibit Book and Agreed Statement of Facts
- updating research
Pre-trial
Hearings $_________
Preparing
for and attending at pre-trial conferences including preparation of pre-trial
conference briefs
Attendance
at Trial $_________
Preparing
for and attending at trial including preparation of trial briefs
Post-Trial
Motions and Submissions $_________
Developing,
responding to and arguing all post-trial matters in trial court including
assessment and claims for costs
Preparing
Bill of Costs and submissions on costs
Enforcement
$_________
Enforcing
and collecting judgments
Disbursements $_________
APPEAL
Appellate
Motions and Submissions $_________
Note: The services under the retainer with
the law firm terminate at the conclusion of the trial or application. All
services in connection with an appeal should be subject to a new retainer with
a cost estimate. If this is not clear from the retainer, the lawyer may be
expected to act to the end of an appeal on one retainer.
Developing,
responding to and arguing motions and other filings before a reviewing body,
such as motions and other filings for stay pending appeal
Reviewing
trial transcripts
Perfecting
appeals
Appellate
Briefs $_________
Preparing
and reviewing appellate briefs
Oral
Argument $_________
Preparing
for and arguing an appeal before a reviewing body
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.