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  • Legal Aid and liens on houses

    Taking advice from Tayken I was looking for all my options to obtain legal representation. Was inquiring also about getting Legal Aid.

    If you have a house, supposedly, they put a lien on house to recoup costs. How is that even possible? I was looking at the solicitor's lien a tad, and that can be placed on property only when a lawyer gets MORE than what you would normally be entitled to.

    So, say you are entitled to 50% property, lawyer gets you 60%, you do not pay legal bill, then he/she can place a lien for the extra 10%.

    How can Legal Aid do that? Can normal lawyers do the same, for unpaid legal bills?

    Much appreciate it!

    P.S. I guess, by all posts, Tayken is a lawyer. I am really grateful for all his help

  • #2
    Yes they can do that but it also puts the onus on you and the lawyer to be reasonable. They put a lien on your house as a guarantee they get paid. You are able to pay in installments after. The plan is that people who couldnt afford a lawyer can now get one without having to pay thousands up front.

    There may also be lawyers that work for legal aid fees ie. Instead of $300 and hour they bill at $200.

    My mother used legal aid 20 years ago. The final bill was $7500 and she paid it off over 10 years so there was nothing owing in the lien when the house was sold.

    Comment


    • #3
      What is the legal aid rate?

      Comment


      • #4
        Legal Aid and liens on houses

        http://www.legalaid.on.ca/en/info/tariff_billing.asp

        You would need to find out a) if a lawyer takes legal aid and b) what rate they bill at. A simple call to a firm will help.

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        • #5
          Thanks, had no clue about these things a couple of days ago ...

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          • #6
            Its like a loan or a mortgage. That way the lawyer gets paid.

            You should note though that there are some rules in place to prevent people from taking advantage of the system.

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            • #7
              P.S. I guess, by all posts, Tayken is a lawyer.
              Just a quick note to say that all posters here are regular everyday people posting their thoughts, advice and opinions. Nothing here is intended to be represented as legal advice.

              Do your research, but always check with your lawyer.

              Comment


              • #8
                Originally posted by blinkandimgone View Post
                Just a quick note to say that all posters here are regular everyday people posting their thoughts, advice and opinions. Nothing here is intended to be represented as legal advice.

                Do your research, but always check with your lawyer.
                Absolutely, all people on this forum have been AMAZING. I cannot stress that enough.

                Comment


                • #9
                  If you have a house, supposedly, they put a lien on house to recoup costs. How is that even possible?
                  You sign a direction that permits them to put a lien on the house. If you do not agree to the lien then you do not get a certificate.

                  People with non-liquid assets end up qualifying for legal aid, under the provision that they reimburse legal aid for the cost (being legal fees + 20%).

                  I was looking at the solicitor's lien a tad
                  This is unrelated to a solicitor's lien.

                  Can normal lawyers do the same, for unpaid legal bills?
                  Legally, or ethically? Only if the client signs a retainer or direction permitting the lawyer to do so.

                  However some lawyers run a side business as subcontractors, and so they will put a construction lien on the house in the amount of legal fees owed. This is not particularly legal, however the result of someone suing them to have the lien removed is they counter-claim for their legal fees and the enforced sale of the property. Lawyers that do this tend to have poor reputations.

                  There may also be lawyers that work for legal aid fees ie. Instead of $300 and hour they bill at $200.
                  Lawyers do not set their rate through legal aid. The legal aid rate is based on their experience, and is:
                  $109.14 - $122.78 - $136.43
                  Citation: Tariff Rates | Legal Aid Ontario

                  Do your research, but always check with your lawyer.
                  Very good advice.

                  Comment


                  • #10
                    Originally posted by OrleansLawyer View Post
                    You sign a direction that permits them to put a lien on the house. If you do not agree to the lien then you do not get a certificate.

                    People with non-liquid assets end up qualifying for legal aid, under the provision that they reimburse legal aid for the cost (being legal fees + 20%).



                    This is unrelated to a solicitor's lien.



                    Legally, or ethically? Only if the client signs a retainer or direction permitting the lawyer to do so.

                    However some lawyers run a side business as subcontractors, and so they will put a construction lien on the house in the amount of legal fees owed. This is not particularly legal, however the result of someone suing them to have the lien removed is they counter-claim for their legal fees and the enforced sale of the property. Lawyers that do this tend to have poor reputations.



                    Lawyers do not set their rate through legal aid. The legal aid rate is based on their experience, and is:
                    $109.14 - $122.78 - $136.43
                    Citation: Tariff Rates | Legal Aid Ontario



                    Very good advice.

                    Very interesting Orleans Lawyer. I once asked my lawyer how they recover money when someone doesn't pay up and I was told "there is a whole section in law library, which lawyers learn, on how to collect from bankrupt clients." I had never heard of a lawyer running a side business to collect this way.

                    Comment


                    • #11
                      Originally posted by dana2 View Post
                      P.S. I guess, by all posts, Tayken is a lawyer. I am really grateful for all his help
                      Tayken IS NOT a lawyer. He is just a very well educated individual who has spent time to research many things in relation to family law. He happens to also a be a pretty cool guy should one meet him in person.

                      Please ensure you don't confuse the suggestions made by individuals on this board as advice. The only real advice you should be taking is either your or your lawyers.

                      Comment


                      • #12
                        I had never heard of a lawyer running a side business to collect this way.
                        Pateos* installed cheap**!

                        * - no larger than 12 square feet
                        ** - $600 per hour labour, minimum $4,000 travel charge

                        Comment


                        • #13
                          Originally posted by OrleansLawyer View Post
                          Pateos* installed cheap**!

                          * - no larger than 12 square feet
                          ** - $600 per hour labour, minimum $4,000 travel charge
                          Nice, nice LOL

                          Comment


                          • #14
                            Originally posted by dana2 View Post
                            P.S. I guess, by all posts, Tayken is a lawyer. I am really grateful for all his help
                            Not a lawyer thankfully.

                            They are able to place the lien on the property due to legislation permitting them to do so. They are a rare case where they can put the lean on a property without the consent of all registered owners.

                            This is why I recommend anyone who thinks the other party has gotten a Legal Aid Certificate to pull the report of their home from Service Ontario. It will show if Legal Aid Ontario registered a lien on the home. They are not obligated to obtain your consent to do so.

                            Good Luck!
                            Tayken

                            Comment


                            • #15
                              I found this information useful and to save others some search time you can get the information on the lien at onland.ca in the Documents section. You need an Instrument or Registration number to look up the lien. You can get this from the other party, if you're lucky, or by paying $30 for the parcel register on your property. Note it may take 21 days or more for the lien to show up and you have to pay $30 every time you check. If the government is going to let legal aid register liens without permission of all property owners you would think they could at least require them to inform the other parties.

                              Comment

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