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  • Retainer for trial

    Well it looks like I'm headed to trial - wondering if anyone can give me an idea of the range of a retainer I am looking at for trial.

    I am willing to take it to trial as my x seriously has to be the worst nightmare in the world. I am wondering though - the x doesn't have any money so won't that stop him from proceeding to trial or to at least settling reasonably? I don't believe he's paid much for our 2+ year battle to date so I can't believe his lawyer will take him to trial without pushing him for the retainer - thoughts???

  • #2
    In "my" experience a retainer for trial can be anything from $10,000 through to $25,000 plus the cost of the trial and preparation etc which doubles the retainer. So you could be looking at anything from $20,000 to $50,000. But it all depends on how complicated the issues are and of course who you hire. Also make a reasonable offer to settle and you "might" get some of your legal costs back.

    Good luck
    Nadia

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    • #3
      Originally posted by DD12 View Post
      Well it looks like I'm headed to trial - wondering if anyone can give me an idea of the range of a retainer I am looking at for trial.

      I am willing to take it to trial as my x seriously has to be the worst nightmare in the world. I am wondering though - the x doesn't have any money so won't that stop him from proceeding to trial or to at least settling reasonably? I don't believe he's paid much for our 2+ year battle to date so I can't believe his lawyer will take him to trial without pushing him for the retainer - thoughts???
      Here is how to calculate it:

      1) Layer's prep is generally 1 day for every day of trial.
      2) # of days set for the trial + # days of prep.
      3) Lawyers hourly rate * 7.5 (average work day) * number of dates from (2).
      4) Put a +- (over under) on the number (3) of 10-15% to provide some buffer.
      5) HST is payable on services rendered at 13% of the value of (4).

      So:

      5 day trial
      10 days lawyer time including 5 days prep time.
      265.00 per hour * 7.5 * 10 = 19,758.00
      10% error on estimate 19,758*1.10 = 21,862.50
      HST is 13% of 21,862.50 * 1.13 = 24,704.62

      Of course, the variables change on how long the trial is set down for and the complexity of the case involved. The 1 day prep for every day of trial may not be enough if the evidence being presented at trial is in the thousands of pages ++ etc... Or there are thousands of pages of discovery questioning to be entered into the record. Or a custody and access evaluation that a litigant has piles of counter evidence against that the evaluator failed to review.

      Lots of factors to consider so adjust the formula as needed. There is no sure way to estimate retainer costs. The best bet is to ask your solicitor what their estimate is.

      Good Luck!
      Tayken

      Comment


      • #4
        Originally posted by Nadia View Post
        In "my" experience a retainer for trial can be anything from $10,000 through to $25,000 plus the cost of the trial and preparation etc which doubles the retainer. So you could be looking at anything from $20,000 to $50,000. But it all depends on how complicated the issues are and of course who you hire. Also make a reasonable offer to settle and you "might" get some of your legal costs back.

        Good luck
        Nadia
        I have seen 150,000 retainers for trial and they are not uncommon on complex matters before the court. It all depends on *what* is being contested, the numbers of days set down for trial and the overrun it takes potentially to get through trial. Trials come with a lot of complexity. A LOT. Often at trial things can get even more complex. A 3 day trial can turn into 17 days.

        Good Luck!
        Tayken

        Comment


        • #5
          $h*T - that's crazy! Well, I can't make the ex be reasonable - he actually hasn't responded to any offers unless it's to ask for more, when met, he just asks for more. We are not settled on anything - child support, spousal support, equalization, contents, matrimonial home, access and custody. We have a complicated case only for the access - the rest should be easy. My ex is calling every joe-blow for his witnesses - boss, friend, girlfriend (for 1/2 a day), expert 1 (again for 1/2 a day), expert 2 etc.

          I gotta hope someone gets him to his senses or this'll cost my poor child his future education for sure.....

          Well, thanks for the feedback!!!!

          Comment


          • #6
            It really surprises me how many people fight over access, custody and child support...

            Is there a reason why 50-50 doesn't work? If so, the one requesting sole or more than 50-50 must prove WHY the other parent shouldn't have equal time... from there, access is then decided (if less than 50-50) and child support is automatic... there is no reason to be fighting over child support... again, if someone is refusing to pay, they have to prove WHY they shouldn't pay...

            If your going to trial make sure you are being reasonable... you say you have made offers, but have those offers been reasonable... best way to determine... if it was him making those offers to you, would you be acceptable to all the terms?

            To cut back costs, you need to have all your ducks in a row, if not, you may end up paying his costs too! Which no one wants to do...

            Best of luck!

            Comment


            • #7
              And here I thought I'd had mostly bad luck the last few years. Reading all that ^ makes me feel pretty fortunate! I did not supply a trial retainer and was not asked for one. I am in possession of a pretty fantastic bill though - with my name on it - BUT the bulk of it is monies I'm supposed to collect from EX, to then pay my Lawyer. By the time trial finally came around (after several deliberate delays by ex's lawyer) I was more or less a Charity Case :s

              I was always expecting my matter to proceed to Trial. Although part of me thought he'd bail (he was riding on total BS) but no - he stayed on the BS train and went full speed ahead. If I can't get the Costs amt from him, it's going to be ME paying it, I know it. Good thing I have a money-tree in my backyard

              Comment

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