Elias Rabinovitch Law

Fees & Retainer

Transparent fees. No surprises.

You deserve to understand the cost before you commit. Criminal matters are usually billed on a flat fee. Civil matters are usually billed hourly. Here is how each works at Elias Rabinovitch Law.

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This page is legal information, not legal advice. It describes the law in general terms and cannot account for the facts of your situation. Reading it does not create a lawyer and client relationship, and neither does speaking with or contacting Elias Rabinovitch Law. For advice you can act on, speak with a lawyer about your own matter.

The initial evaluation is always free.

Call 647-547-6734 any time, day or night. The first conversation costs you nothing. We will discuss your situation, what you're facing, and how I can help before any fee is discussed.

How It Works

Criminal matters are usually flat fee. Civil matters are usually hourly.

Criminal Matters

Usually a Flat Fee

The majority of criminal matters are handled on a flat fee basis. You pay a single agreed amount that usually covers everything up to the point where trial dates are set or section 11(b) is waived (section 11(b) of the Charter is the right to be tried within a reasonable time; waiving it means agreeing that a period of delay will not count toward that limit). Many cases resolve before that point is ever reached: early withdrawals, Crown negotiations, or pre-trial dispositions. Those outcomes are fully covered by the same flat fee. No surprise invoices, no hourly billing anxiety.

  • One clear number before you retain
  • Covers all communications with the Crown
  • Covers court appearances up to setting trial dates, including the Judicial Pre-Trial
  • Includes strategy, negotiation, and disclosure review

Civil Matters

Usually an Hourly Retainer

Civil matters are usually billed hourly against a retainer. How much work a civil file takes depends largely on what the other side does: how hard the claim is defended, how many motions are brought, and whether it settles early or runs to trial. That makes a single fixed number unreliable for most civil work. An hourly retainer is also used for the occasional criminal matter where a flat fee is not appropriate, typically because of exceptional complexity or voluminous disclosure.

  • Standard for civil litigation files
  • Retainer paid upfront, drawn down as work is done
  • Full accounting of time billed
  • Discussed openly before you sign anything

What determines a criminal flat fee?

The fee depends on the nature and seriousness of the charge, the volume of disclosure, whether there are co-accused, and the work anticipated before trial dates are set. A straightforward first-offence matter is priced differently than a multi-count indictable with extensive Crown materials.

After the free evaluation, you receive a clear quote before anything is agreed to.

Hourly billing: what gets charged

On an hourly retainer, time is recorded for all substantive work, including but not limited to: calls, emails, court appearances, preparation, research, drafting, and communications with opposing counsel or the Crown. If it took real time, it goes on the ledger.

Exception: Very short check-in calls and brief text exchanges are not billed. The goal is honest accounting of actual work, not charging you for a two-sentence update.

Stage Two: Trial and 11(b) Management

The second retainer is hourly, unless a trial actually happens.

If a criminal matter does not resolve within the flat fee stage, a second retainer covers the work from that point on: preparing for trial once dates are set, or managing the file where section 11(b) has been waived and the matter continues. This trial and 11(b) management retainer is billed hourly for time actually spent. If the matter proceeds to trial, a flat fee agreed upfront for the full trial applies instead. If it does not (a late guilty plea, a resolution at the courtroom door, or any other pre-trial disposition), you pay hourly for the time spent. You will not be charged a full trial fee for a trial that never happened.

Case goes to trial

The agreed flat trial fee applies in full. One number, no hourly surprises mid-trial.

Case resolves before trial

Billed hourly: you pay for time spent, not a trial that didn't happen.

"Most criminal cases in Ontario are resolved before ever reaching a trial, through withdrawals, peace bonds, discharges, or negotiated resolutions. This outcome benefits everyone, and it is always the first goal."

Elias Rabinovitch

Questions about what resolution looks like for your charge? The FAQ page covers the most common questions clients ask before we speak, or read what past clients say about how their matters were handled.

Common Questions

Fee FAQ

Are criminal and civil matters billed the same way?

Usually not. Criminal matters are usually handled on a flat fee, agreed in advance for a defined stage of the case. Civil matters are usually billed hourly against a retainer, because the amount of work depends heavily on what the other side does. There are exceptions in both directions, and the arrangement is confirmed in writing before you retain.

Do I have to pay before you start working on my case?

Yes, the retainer is paid before work begins. This applies to both flat fee and hourly matters. The free evaluation happens first, then you decide whether to retain. There is never any pressure.

What payment methods do you accept?

E-transfer, credit card, cash, cheque, bank draft, and wire transfer are all accepted. Payment is confirmed before work begins, and a receipt is provided for every payment.

Will my fees increase after I retain you?

For flat fee matters: no, unless there is a material change in scope (such as new charges being added) or the matter moves past the flat fee stage, which usually ends when trial dates are set or section 11(b) is waived. Work after that point is covered by a separate trial and 11(b) management retainer. For hourly matters, you will receive ongoing transparency on time billed against your retainer.

If trial dates are set, does that mean my case is going to trial?

No. Setting trial dates reserves court time. It does not commit you to a trial. Most criminal cases in Ontario resolve without one, and many of them resolve after trial dates have already been set, because discussions with the Crown continue right up to the trial date. This is why the second retainer is billed hourly: if your matter resolves before trial, you pay for the time actually spent, not for a trial that never happened.

Do you offer payment plans?

Payment plans are available for clients with demonstrated financial need. This is assessed on a case-by-case basis. If affordability is a genuine concern, raise it during the consultation. The goal is to make quality defence accessible where possible, and flexibility is available when it is warranted.

Do you accept Legal Aid Ontario certificates?

Yes, in certain circumstances. Legal Aid certificates are accepted on a case-by-case basis depending on the nature of the charges and the specifics of the matter. If you have a certificate or believe you may qualify, raise it during the consultation and I can discuss whether it applies to your situation.

Is the consultation really free?

Yes. The first call or meeting is always free and confidential. No commitment, no fee.

Ready to discuss your situation?

The consultation is free. The fee will be clear. Call when you are ready to talk about what you're facing.

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