Criminal defence lawyer fees start with an initial retainer. The firm quotes it after a first call, and it is paid into the firm’s trust account before the file opens. Criminal defence is never charged on contingency, because a criminal charge produces no money for a fee to come out of. What the whole matter costs depends on how the Crown elects, whether the case resolves before trial, and how many days a trial takes.
Anyone quoting a single number for a charge they have not seen disclosure on is guessing.
Contingency Does Not Exist in Criminal Defence, and There Is a Reason
A contingency arrangement pays the lawyer a share of what a claim recovers. That works in an injury or disability claim, where the case ends in a payment, and the arrangement is set out in the note on how a contingency fee works.
A criminal case ends in an acquittal, a stay, a discharge or a conviction. None of those produce a fund. A person offering to defend a charge for a share of something should be asked, in plain words, a share of what.
The Initial Retainer Is Quoted After the First Call
The firm quotes an initial retainer after a short first call about the charge. It is paid into the firm’s trust account before the file opens. It covers the first stage of the work, and the firm tells you what that stage includes.
The quote is for that retainer. It is not a promise of the final price. Ask exactly what the retainer covers, what would require a further retainer, and whether a preliminary inquiry, a trial or an appeal is inside or outside it. The same scope question arises with any legal retainer.
Money Held in Trust Stays the Client’s Until the Work Is Billed
The initial retainer sits in the firm’s trust account, and the firm draws from it as work is billed. The money remains the client’s until the firm bills for the work, the account is regulated by the law society in each province, and any balance at the end comes back.
An initial retainer is a deposit and is not a total price. Ask what the whole matter is estimated to cost and what would make the estimate wrong. The second answer shows what could change the total.
What Actually Drives Criminal Defence Lawyer Fees
The Crown’s election is the largest single factor. A matter proceeding by summary conviction is a shorter road than the same allegation prosecuted by indictment, where the accused may elect the mode of trial and a preliminary inquiry may be available. That machinery is set out in the chapter on the Crown election.
After that: the volume of disclosure, since a file with body-worn camera footage, wiretap material or hundreds of pages of police notes takes days to review. Whether a pre-trial application is needed, such as a challenge to a search or to a statement. The number of civilian and expert witnesses. And how many trial days the matter is set for, because each one is a day of preparation as well as a day in court.
Resolving Early Costs Less, and It Is Not Always the Right Answer
A matter that resolves after disclosure costs a fraction of one that runs a three-day trial. That is a real consideration and it is not the only one.
A guilty plea is a conviction and a conviction is a record, with consequences for employment, licensing and travel that outlast any fee. The question to ask is whether the Crown can prove the charge, and that is answered by reading the disclosure.
Legal Aid and Duty Counsel Come First If Money Is the Barrier
Apply to your province’s legal aid plan if the charge carries a risk of jail. In New Brunswick, the middle income tiers pay a one-time contribution. In Nova Scotia, a Contribution Agreement may be considered if you are over the financial guidelines by more than 50 percent.
Duty counsel at the courthouse is free on the day and can speak to bail, adjourn a matter and explain the charge. On arrest, the free after-hours advice line exists for the call you must make before speaking to police. Those options and others are set out in the note on free legal help.
Being Acquitted Does Not Usually Mean Recovering Your Fees
In civil litigation the losing side commonly pays a share of the winner’s costs. Criminal proceedings do not work that way. An acquitted accused ordinarily bears their own legal fees, and a costs award against the Crown is exceptional and requires a marked departure from proper conduct.
Plan on that basis. The cost of the defence is the cost of answering the charge, and it is not recovered by winning. The way costs work on the civil side is set out in the note on costs awards.
What to Ask Before You Retain Anyone
What does the initial retainer cover and where does it end. What would require a further retainer. What is your estimate for the whole matter, including trial. Who will appear on each date. What happens to money in trust if the matter resolves early.
The answers should be in the written retainer agreement and not left to your memory of a conversation. More questions to ask are in how to choose a lawyer.
The Criminal Code Sets the Stakes, and the Stakes Set the Budget
The maximum penalties, the available discharges and the mandatory consequences for a given offence are in the Criminal Code, and they are the reason a fee that looks large in isolation is often small against what a conviction costs over a working life.
Read the charge, then decide. The stages from arrest to sentencing are set out in the criminal process guide.
Where to Start
A short conversation about a charge is usually free, and it will tell you which stage you are at and what the next date means. To start, call the Saint John office. The service is described on the criminal defence page.