Wednesday, August 22, 2012

Morton's Musings: Legal Aid and Getting What You Pay For

In today's Post (Story)?Bob Tarantino points out that Michael Bryant, former Attorney General and (deservedly)?prominent Ontario lawyer was crushed by a $300,000.00 legal bill for?his?matrimonial and criminal law issues (readers may remember?Bryant was with criminal negligence causing death and dangerous driving causing death with respect to an incident where an inebriated and belligerent bike courier was killed. The Crown ultimately withdrew all charges against Bryant stemming from the incident, noting there was "no reasonable prospect of conviction.")

Assume the matrimonial fees were in the $50,000 range (the separation was?apparently?amicable). ?That means the criminal legal costs were?around?$250,000.

Clearly the criminal costs were money well spent -- after six court appearances, none substantive, the charges were withdrawn. ?The Crown said?"[Bryant] was attacked by a man who unfortunately was in a rage. [Bryant] was legally justified in his attempt to get away", and noted that Sheppard had run-ins with six other motorists in the same month before his encounter with Bryant. ?The result was a good, and proper, one.

But remember, Mr. Bryant was able to retain highly effective legal representation. ?What of the ordinary accused?

Consider a young man charged with criminal negligence causing death -- in all likelihood he would end up being on legal aid. ?Now there are fine legal aid lawyers (I take legal aid so I am perhaps biased), but they can only work with the resources they have. ?And what would legal aid pay for six court appearances followed by a withdrawal of charges?

My experience would say around $2,500. ?But even if there is a significant discretionary increase the most would be double that -- or about two percent of what Mr. Bryant was billed.

If you get what you pay for, then the young accused man would likely face a much more difficult fate than the former Attorney General.

Source: http://jmortonmusings.blogspot.com/2012/08/legal-aid-and-getting-what-you-pay-for.html

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