cost of motion, case conference?

[janedoe99]

I've spent over $2000 in one month with a lawyer just getting advice and sending a letter to my ex. I havent even started a motion. My lawyer wants to go ahead with starting one. I am scared to death because I have no idea how much this will cost. Does anyone have a rough estimate on how much it costs for a case conference and motion to be started? What happens when you get so far and cant afford it anymore but the other party wants to keep fighting? Represent yourself? That is a scary thought. How often do judges award costs when one party keeps being unreasonable?

[miragesailor]

I hear that cost are rarely awarded if both parties have lawyers. However, if offers are made that are reasonable but not accepted, when a judge later thinks it was a good offer to settle, cost could very well be ordered for wasting court time.

[janedoe99]

thanks for the reply. Well I guess I better not count on costs then. I guess it's going to be kraft dinner for the next year or so. lol

[janedoe99]

Does anyone know roughly how much it costs a lawyer to go to a case conference of motion hearing? I am clueless. My lawyer has proceeded to start a motion and I don't even know if I will have enough to afford one. Range..is it $2000 , $20,000? I really have no idea. For 3 meetings and two letters sent out to my ex and a few e-mails and calls to the lawyer..it's over $2000.

[Exquizique]

Originally Posted by janedoe99

Does anyone know roughly how much it costs a lawyer to go to a case conference of motion hearing? I am clueless. My lawyer has proceeded to start a motion and I don't even know if I will have enough to afford one. Range..is it $2000 , $20,000? I really have no idea. For 3 meetings and two letters sent out to my ex and a few e-mails and calls to the lawyer..it's over $2000.

Depending on the complexity of the issue/motion, anywhere from $5000 to $15,000 (rough estimation).

[janedoe99]

$5000-$15000 for one motion hearing...oh no. So what is accomplished from one motion hearing? How many are often done? I am so clueless. I don't know the process. Is it 4 motions then nothing accomplished, then trial? I wish I had some experience with this. I don't have $50,000

[Exquizique]

Originally Posted by janedoe99

$5000-$15000 for one motion hearing...oh no. So what is accomplished from one motion hearing? How many are often done? I am so clueless. I don't know the process. Is it 4 motions then nothing accomplished, then trial? I wish I had some experience with this. I don't have $50,000

I'm sorry, I thought you were referring to the case conference? That's what i was referring to any way. A case conference is different from a motion. A case conference is basically just a form of "formal" mediation meeting where both parties briefly present their positions to a judge and the judge provides his/her opinion on how it would play out at court, and then "encourage" the parties to settle out of court. You are essentially paying for the lawyer's time to prepare for and be at the case conference.

I'll let someone else who is more experienced here explain about motions vs. trial, I don't want to inadvertently mislead or misinform you by not presenting it correctly and/or using the wrong terms.

If you are in Ontario, the Attorney General's website is a very helpful site to gain a basic understanding of the entire family law process and some legal concepts, I would start there if you haven't already:

Family Law - Ministry of the Attorney General

[janedoe99]

Thank you so much. I will definitely take a look at that site. wow that is a lot of money to just sit there are mediate. Especially if one or both parties are stubborn and don't come to a conclusion.

[Pursuinghappiness]

Hi Janedoe:

I have a fairly inexpensive lawyer (between $100-150/per hour) and at the case conference, you're going to be paying for the form filing (and responses), the court fee, and the time that your lawyer is going to spend there. Same thing for the motion. So it varies a bit depending on the billing hour for your attorney and how many replies go back and forth.

If I had to guess, you're probably looking at between 3-5k for both depending on the details of the motion. You won't get costs for the case conference and its unlikely you'll get them for the first motion or if you both have lawyers.

I'm about 1/3 of the way through...maybe half...and I've spent about 22-24k in legals so far and that's with me trying very hard to control what my lawyer does. Sorry for the bad news.

[janedoe99]

Thank you so much for the info. I can't believe how much you have already spent and you are under half of the way through. That is so scary. If you don't mind me asking....how long ago did you start this? and what is costing so much money? are you going to trial? Oh I am scared..but I needed to know. I made $2000 over on income to qualify for legal aid My lawyer is $325 an hour...yikes