Solicitors in Ontario function under strict ethical and professional standards that are designed to protect clients and promote justice. The Solicitors Act Ontario governs the relationship between lawyers and clients, setting out the obligations and duties of solicitors, and establishing rules for billing and fee agreements. One of the fee arrangements allowed by the Act is contingency fee agreements, which can be a useful option for clients who cannot afford to pay upfront for legal services.

Contingency fee agreements permit a client to pay their solicitor a percentage of the monetary compensation they receive from a successful settlement or verdict. This type of agreement is often used in personal injury cases or disputes related to insurance claims. Under this arrangement, the solicitor agrees to work on the case and cover all expenses associated with the lawsuit, including court fees, expert witness fees, and other related costs. The client does not pay the solicitor any fees until the case is resolved, and only if there is a favorable outcome.

The percentage of the contingency fee charged by solicitors in Ontario is capped by the Law Society of Ontario. Currently, solicitors can charge up to 33.3% of the total amount of monetary compensation awarded to their client under the contingency fee agreement. However, solicitors must disclose their fees in writing to the client before the client agrees to hire them. This written disclosure must include the percentage charged, how disbursements will be handled, and any other pertinent information related to the fee agreement.

Contingency fee agreements can be a practical option for clients who do not have the financial resources to pay for legal services upfront. They allow clients to access legal representation that they might not otherwise be able to afford. However, it is important to note that contingency fee agreements are not suitable for every case. Solicitors need to carefully assess the merits of the case before agreeing to take it on a contingency basis, as they are taking on the financial risk of the lawsuit.

In conclusion, contingency fee agreements are a practical option for clients who cannot afford to pay upfront for legal services. They allow clients to access legal representation that they might not otherwise be able to afford. However, it is important to note that solicitors must disclose their fees in writing before the client agrees to hire them under this arrangement. Clients should work closely with solicitors to ensure that they fully understand the fee agreement and that it is the right option for their case.