Lawyers

Frequently Asked Questions

  • I applied for Legal Aid a while ago and I don’t have a lawyer yet. What do I do?

    It may take a while for Legal Aid to find you a lawyer. You can speed up the process by calling law firms and asking if one of their lawyers would accept your file through Legal Aid. If you find a lawyer to take your file, contact Legal Aid and let them know.

    It is very important that you attend all of your upcoming court dates whether or not you have a lawyer.  If you have an upcoming court date, or if you urgently need a lawyer, contact Legal Aid  and let them know.

  • What other information should I provide when applying for Legal Aid?

    In addition to information about proof of earnings, you should also provide the following:

    – documents about your case (including copies of court orders)

    – your court date, if you have one

    – your lawyer’s name, if you’ve found a lawyer

    – information about your debts, assets and expenses.

     

  • Where can I file a complaint about the conduct of a lawyer?

    If you are concerned about something a lawyer has done (or not done), you should contact the Complaints Resolution Department of the Law Society of Manitoba. Before sending them a formal complaint, consider phoning them first. They may be able to help you work things out. The Complaints Resolution Department can be reached at (204) 942-5571, or toll-free at 1-855-942-5571.

    Next Steps:

    If you want to go ahead with a formal complaint, you must fill out a Complaint Help Form.

    You can find a copy of the form on the Law Society’s website

    You can also call the Law Society to ask for a printed copy of the form.

    When filling out the form, be sure to include:

      • Your name, address and telephone number;
      • The name, law firm name, and address of the lawyer you are complaining about;
      • information about your complaint; and
      • Copies (not originals) of any other letters or documents which support your claim.

    Don’t forget to sign the form.

    Send the completed, signed form and any additional documents to:

    By Mail:

    The Law Society of Manitoba

    Complaints Resolution Department Paralegal

    200 – 260 St. Mary Ave.

    Winnipeg, Manitoba R3C 0M6

    By Fax:

    204-956-0624

    Attention: Complaints Resolution

    By E-mail:

    You may scan all the documents and send them by email to

  • What if the Law Society of Manitoba refuses to investigate my complaint?

    There is an appeal available to the Complaints Commissioner, a non-lawyer who is independent of the Law Society of Manitoba. The Complaints Commissioner can review the decision.

    You must appeal within 60 days.

    The Complaints Review Commissioner can:

      • Dismiss the complaint (which ends the matter), or
      • Direct the Law Society to investigate, if they have not, or
      • Refer the matter to the Complaints Investigation Committee, if the Law Society has investigated.

    To request a review by the Complaints Review Commissioner, email the Commissioner at or write to:

    Complaints Review Commissioner

    P.O. Box 2234

    Winnipeg, MB R3C 3R5

  • If I do not qualify for Legal Aid, what will a private lawyer cost me?

    Legal fees are difficult to estimate. Lawyers often charge by the amount of time spent on a case.

    Many lawyers charge an hourly rate, which may depend on the experience of the individual lawyer. There is no standard rate for all lawyers.

    Some lawyers may offer a flat-rate for matters like simple wills or when you are buying or selling a home.

    Some lawyers may agree to a contingency fee arrangement.  The lawyer will charge a percentage of a final settlement amount as his or her fee.  You will still have to pay expenses like filing fees and charges for reports, as the case goes along.

    There are some lawyers who are prepared to charge for portions of the legal work, for example drafting some of the court forms or coaching if you will be going to court.  These are called unbundled fees.

    It is important to ask your lawyer about their rates and fee structures.

  • Will fees be agreed to in my first meeting with a lawyer?

    In your first meeting with a lawyer, you should discuss fees and methods of payment. If your case is likely to be uncontested, such as in a real estate, wills and estates, or some simple divorce matters, the lawyer may charge a flat rate. Ask for a retainer agreement which will make clear what you have to pay.

  • What percentage will a lawyer charge on a contingency fee arrangement?

    Under a contingency arrangement, the lawyer agrees to charge a percentage of a final settlement amount as the fee. There is no set amount, so it is best to contact a few lawyers and compare rates.  Also, you will still have to pay any expenses, like filing fees, and charges for reports, as the case goes along.

    The lawyer must give you a copy of the contingency contract.  The lawyer must also give you a copy of sections 55(5) and 55(7) of The Legal Profession Act.

    Section 55(5) says that a client can apply to the Court of Queen’s Bench within six months of when the contingency fees are paid, for a declaration that the contingency contract is not fair and reasonable to the client.

    Section 55(7) says that if the judge finds that the contingency contract was not fair and reasonable to the client, the judge must:

    • declare the contract void,
    • order costs, fees, charges and disbursements to be taxed as if no contingency contract existed,
    • order the lawyer to repay excess fees to the client if the lawyer has received more than the amount taxed.
  • I just received my lawyer’s bill and there is no explanation of the charges. Can I ask for clarification?

    You may ask for an itemized bill from your lawyer. If you are having a problem getting this, you can contact the Law Society of Manitoba for help.

    Their website has a section dealing with complaints here

    If you still have questions, you can contact them at:

    Complaints Resolution Department at or call 204-942-5571.

  • What if I think I’ve been over charged by my lawyer?

    You have two options. You can go through arbitration through the Law Society of Manitoba, or you can have a Master at the Court of Queen’s Bench assess your lawyer’s bill.

    Arbitration

    The Law Society of Manitoba offers a fee arbitration program. Both you and the lawyer must agree to arbitration.  The Law Society will arrange for a review of the statement of account by a neutral arbitrator or panel of three arbitrators. There is no charge for this review. Both you and the lawyer will be at the meeting. The review process is informal.  You do not need a lawyer. The arbitrator will either reduce the fee or not. There is no appeal of the arbitrator’s decision.

    Contact the Law Society Fee Arbitration Coordinator by phone at (204) 926-2048 or by email at for further information or to request an arbitration.

    Court Assessment

    If your lawyer will not agree to go to arbitration you can apply to the Court of Queen’s Bench for an assessment of your lawyer’s bill. You need to file a Form 71A Notice of Application for Assessment of Lawyer’s Bill and a Form 4D Affidavit.

    The Court of Queen’s Bench has an information package that explains the process including how to start the process, procedure at the hearing, alternatives to court assessment.

    You should read the entire package before deciding if you want to go through the Court Assessment.

    The filing fee is $35.

    Once completed, the forms must be filed at the Court of Queen’s Bench (in Winnipeg, the Law Courts Building at 408 York Ave.).

    You should act quickly if you want an assessment. You only have up to 6 months after you receive the lawyer’s final statement of account to apply.

  • What happens if the lawyer will not agree to arbitration?

    In this case, you can apply to the Court of Queen’s bench for an assessment of your lawyer fees. You need to file a Form 71A Notice of Application for Assessment of Lawyer’s Bill and a Form 4D Affidavit. The forms are available on-line here: http://web2.gov.mb.ca/laws/rules/forms_e.php.

    Once completed, the forms must be filed at the Court of Queen’s Bench (in Winnipeg, the Law Courts Building at 408 York Ave.).

  • What cases can Legal Aid help with?

    If you qualify, Legal Aid can help with:

      • Family law matters like divorce, parenting arrangements, and support
      • Child protection matters
      • Adult and youth criminal matters
      • Disputes involving social assistance
      • Immigration and refugee matters
      • Residential Tenancies
      • Public interest cases involving human rights, poverty, consumer, environmental, Indigenous matters

    Legal Aid does not help with wills, powers of attorney, estates, real estate, property division, corporate matters or civil litigation (suing someone, or being sued).

  • How do I qualify for Legal Aid?

    Legal Aid makes a decision by looking at your financial situation and the type of legal case that you have. Your financial situation includes how much money you make, how many people are in your family, and what assets and debts you have. If you want a separation or divorce, Legal Aid will look at your income separate from your partner’s income.

  • What proof of earnings should I include when applying for Legal Aid?

    If you are employed, you should include:

    • your last 3 pay stubs, or
    • a copy of your last tax return.

    If another family member, including a common law spouse, lives with you and earns an income you should bring their last 3 pay stubs as well.

    If you have other sources of income, you should include additional documentation:

    • If you are on Employment Insurance (EI):
      • An Employment Insurance Commission stub,
    • If you are receiving a pension or worker’s compensation:
      • a stub, statement, or photocopy of your last cheque.

    If you are receiving assistance (EIA), bring your social assistance number, and your budget letter (if available).

    If you are self-employed, include your last income tax return.

     

  • Is there a charge for the Legal Aid application?

    There is usually a $25 fee for applying for Legal Aid.

    In certain cases, for example, if you are on social assistance (EIA), a full-time student, in a women’s shelter or a mental health facility, the fee can be waived.

    Let Legal Aid know if you are not able to pay the fee.

  • What if I have assets, but no access to them?

    Legal Aid may still appoint a lawyer for you, but if you get a settlement, you will have to pay Legal Aid back with some of this money.

    If you own property, Legal Aid may place a lien on that property. A lien means that fees will be paid if and when the property is dealt with in the future. You can also make payment arrangements with Legal Aid and once you finish the payments, Legal Aid will remove the lien.

  • Are there different types of financial assistance through Legal Aid?

    Yes. Some people may qualify to have their legal costs paid entirely by Legal Aid, others who have a greater ability to pay may qualify for Legal Aid’s Agreement to Pay (ATP) program.

    Under the ATP program, you will have to make an initial payment as well as interest-free monthly payments until your fees plus the 25% program fee are paid. As long as you keep making your monthly payments, Legal Aid will continue to pay your lawyer fees.

    For more information about Legal Aid services and financial rules, contact Legal Aid or visit their website

    You can also take a look at Legal Aid’s financial guidelines.

  • Can I ask for a change of lawyer through Legal Aid?

    A change of lawyers will only be allowed in exceptional circumstances. For more information, contact Legal Aid directly.

  • What happens if I need a lawyer right away through Legal Aid?

    If you are dealing with a lawyer in private practice and there is not enough time to wait for the Legal Aid Certificate, your lawyer can call Legal Aid, explain the problem and get emergency approval right away if you qualify.

    If you don’t have a lawyer and can’t afford one, call Legal Aid and tell them that you have an urgent problem. Legal Aid can often appoint a lawyer for you quickly in emergency situations.

    For more information, contact Legal Aid directly.

  • How do I contact Legal Aid?

    By Phone

    204-985-8511

    Toll-Free 1-866-800-8056

    On-Line

    On-line Application 

    Application Centres

    Winnipeg:

    Phone:  (204) 985-8500 or 1-800-261-2960

    Monday and Tuesday:  12:30 to 4:00 pm

    Wednesday and Thursday: 1:30 to 4:00 pm

     

    Legal Aid also has offices outside of Winnipeg you can contact by phone:

    Brandon – 1-800-876-7326 or (204) 729-3484

    Dauphin – 1-877-622-4660 or (204) 622-4666

    The Pas – 1-855-775-2397 or (204) 627-4837

    Thompson – 1-855-444-4665 or (204) 677-1224

  • Is there an emergency Legal Aid number if I’ve been arrested?

    Legal Aid has lawyers on call 24 hours a day. If you have been arrested, let the police know you wish to speak with a Legal Aid lawyer and they will put you in touch.

  • How do I find out whether my application for Legal Aid has been approved?

    It usually takes about 1 to 2 weeks for Legal Aid to process your application. To check on the status of your application you can contact the Application Centre where you applied:

    • Winnipeg: (204) 985-8500 or 1-800-261-2960
    • Brandon: 1-800-876-7326 or (204) 729-3484
    • Dauphin: 1-877-622-4660 or (204) 622-4666
    • The Pas: 1-855-775-2397 or (204) 627-4837
    • Thompson: 1-855-444-4665 or (204) 677-1224