Using the Duty Counsel Statement of Account and Services
What is the duty counsel account statement?
All duty counsel and advice lawyers – per diem and , staff – must use the statement to record client services and account information. The form must be fully completed. If you do not fully complete the form, it will be returned to you for correction.
Completing the statement
If you are completing the statement manually, please print (not write) legibly.
Side One – Account
All fields on side 1 of the form are mandatory and must be completed.
- Service Location: insert the area office # for the area in which the services are rendered, using a 2-digit format (e.g.: 04 for Ottawa).
For Toronto court locations:
- Old City Hall (OCH) enter 46
- College Park (CP) enter 46
- 311 Jarvis enter 46
- 393 University Avenue, Superior Court enter 46
- 1911 Eglinton Ave East enter 52
- 2201 Finch Ave enter 53
- 1000 Finch Ave West enter 54
- 47 Sheppard Ave East enter 54
- Duty Counsel Type: insert using the legend (e.g.: 01 for Criminal Court Adult). You may choose only one Duty Counsel Type per form. If you performed more than one type of duty counsel on the same day, you must use a separate statement for each type new account form.
- Date of Service: you must use mm/dd/yyyy format. You may enter only one Date of Service per statement.
- Start Time and End Time: if you take a lunch break, you must enter two blocks of time, representing the time before and after the break.
- Fees: multiply the Total Hours by the applicable hourly rate (e.g.: standard or northern rate) to calculate Fees. Add the fixed Appearance Fee to calculate the Total Service Fees.
- Travel Time: you must travel more than 50 km one-way from your place of business to the Service Location and the area director must have pre-approved your request for travel authorization.
- Insert the Travel Start Time and End Time to and from the Service Location to calculate the Total Hours of Travel Time.
- Multiply the Total Hours by the $43.00 fixed rate to calculate the Total Travel Fee
- Disbursements – Mileage: If Travel Time is authorized, you can also claim mileage if you use your own vehicle.
- Insert the number of kilometres between your office location and the Service Location. Multiply the kilometres x 2 (for a round-trip).
- Insert the correct mileage rate (e.g.: standard or northern rate).
- Calculate the Amount claimed.
- Other Disbursements: enter a brief description of the disbursement(s) and amount(s). Allowable disbursements are listed in the Duty Counsel Manual. Attach receipts for disbursements to your statement.
- Total the Disbursements.
- HST Number: insert your HST Number only if this is the first account you have submitted to legal aid. This is not required on any accounts after the first account is submitted.
- HST for Fees: total service fees + total travel fees, multiplied by 13 per cent HST
- HST for Disbursements: total disbursements (mileage + / or other), multiplied by 13 per cent HST
- Total Billed: Total Service Fees + Total Travel Fees + Total Disbursements + HST for Fees + HST for Disbursements
- Date of Account: must be within 60 days of the Service Date and must be entered in mm/dd/yyyy format.
- Sign the document: if you complete the account form electronically, print the form and sign the hard copy.
Side Two – Services
- Name: insert the name of each client in the following format: Surname,FirstName (e.g.: Smith,John). On the electronic version, do not enter a space between the two names.
- Date of Birth: enter the client’s date of birth in mm/dd/yyyy format.
- Aboriginal Self-Identification Question: enter whether the client self-identifies as First Nation, Métis, or Inuit. If the client chose not to answer, or the answer could not be obtained, please check “Not Applicable.” Use either a check mark or an “X” for this purpose.
- Financial eligiblity: indicate if the client is financially eligible, not financially eligible or if the client is eligible under the new financial eligibility guidelines
- Services: for each client, record the services performed by choosing the appropriate Service # from the Total Services List on the Legend. Services must be recorded using 2 digits, e.g.: 01 – 09. One, two or three services may be recorded. If you have provided more than three services to a client, select the three most important services. You do not have to calculate totals for the number of clients assisted or the number of services provided.
Submitting the Statement of Account and Services
- ensure that you have completed both sides of the statement and sign on page 1.
- Submit the statement to either your supervisory duty counsel or Legal Aid area office.
- Attach receipts for disbursements and submit ted with the statement account form.
- Keep a copy of the statement account form for your records. Send only the original copy – no additional copies are required by , Legal Aid . does not need extra copies of the statement.
- Date and submit the account within 60 days of the Date of Service.
Supervisory duty counsel or the Legal Aid area office will review your submitted statement for completeness and accuracy and forward to Provincial Office for processing, as long as it is complete.
Types of Duty Counsel Requiring Prior Authorization
- Advice Lawyer – Family Violence (Duty Counsel Type 06)
Women seeking shelter or assistance from women’s shelters or other community organizations who have been subjected to domestic abuse or family violence may be given an Advice Lawyer – Family Violence authorization to obtain legal advice.The shelter or organization must complete an authorization and give it to the client. This authorization allows the lawyer to provide up to two hours of legal advice or other limited assistance to the client.After providing the authorized services, complete a Duty Counsel Statement of Account and Services as any other type of duty counsel (indicating 06 as the Duty Counsel Type). Attach and submit the authorization as completed by the shelter or other organization with your statement.
- Special Duty Counsel (Duty Counsel Type 11)
Area directors have the discretion in certain circumstances to authorize a lawyer to act as “Special Duty Counsel” in a particular matter for a particular client. The Special Duty Counsel authorization identifies the client, the designated lawyer, the type of matter, the authorized services, and the maximum number of hours that may be billed. The authorization may be given to the client to deliver to the lawyer, or it may be sent directly to the lawyer from the Legal Aid office.After providing the authorized services, complete a Duty Counsel Statement of Account and Services as any other type of duty counsel (indicating 11 as the Duty Counsel Type). Attach and submit the authorization as completed by the area Legal Aid area office with your statement.