Information for Lawyers
Annual billing limits
What are the billing limits?
The annual dollar billing limits are as follows:
Tier I |
Tier II |
Tier III |
|
2011-12 |
$211,006.50 |
$237,382.31 |
$263,758.13 |
2012-13 |
$221,534.50 |
$249,226.30 |
$276,918.10 |
2013-14 |
$232,626.50 |
$261,704.81 |
$290,783.13 |
When does the year begin?
LAO’s fiscal year runs from April 1 each year to March 31 of the following year. On April 1 each year, every lawyer’s annual billing limit starts over again. Only dollars billed to LAO that are paid in the fiscal year are included in your annual billing limit. If you submit accounts that are not processed for payment by March 31, they will be included in your annual billing limit for the next fiscal year starting April 1, that is, in the fiscal year in which they are processed.
What’s included in the annual billing limit (hard cap)?
Only the dollars paid for work performed by you are included in your annual billing limit. For example, if you acknowledge a certificate, but another lawyer does the work required by the client, the dollars paid will be included in the other lawyer’s annual billing limit, not in yours, even though you are required to sign the account because you acknowledged the certificate. Student or law clerk time is also excluded from dollars allocated to your annual billing limit.
What happens when I reach the limit?
Notices are sent to lawyers who are reaching the annual billing limit, however it is your responsibility to monitor your own legal aid billings. You are in the best position to know the dollars you have billed LAO. Notices are sent when a lawyer reaches 50 per cent, 75 per cent, 90 per cent and 100 per cent of their hard cap limit.
You should take all necessary steps to ensure that you do not exceed the annual billing limit. If the dollars paid to you reaches 100 per cent of your annual limit, Legal Aid Ontario will pay agents’ fees or other disbursements, but the balance of the accounts, consisting of fees paid to the lawyer, cannot be paid. The unpaid fees cannot be resubmitted for reconsideration or payment at a later date.
If you are at risk of reaching the annual billing limit, you can hold back accounts and not submit them until the new fiscal year, which commences April 1 of each year. All accounts (whether held back or not) must be submitted within the billing deadlines.
Are there any exemptions to the billing limit?
You can request exemption from the annual billing limit if special circumstances exist concerning a particular certificate. Your request must be in writing, and must provide sufficient details to enable the President to exercise his discretion properly. Please submit your request to:
Legal Aid Ontario, Legal Accounts Department
40 Dundas Street West, Suite 200
Toronto, M5G 2H1
Fax: 416-979-8562
ATTN: Manager, Lawyer Services & Payments
