s.26Case management
26
Section 26Part 4SELECTION, REMUNERATION, ETC. OF ATTORNEY-AT-LAW

Case management

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

An attorney-at-law who accepts a certificate shall promptly notify the Director if he is of the opinion that the total fees and disbursements may exceed twenty thousand dollars or, in a criminal case, that a preliminary inquiry is likely to take more than two weeks and, on receiving notice, the Director and the Court Administrator may hold a case management meeting to decide the budget for the matter.
The Director may request summaries and other materials about a case before a case management meeting and the assigned attorney-at-law shall comply with the request.
The Court Administrator, the Director and the assigned attorney-at-law shall attend the meeting and shall seek to agree to a budget but if they are unable to do so, the Court Administrator shall set one.
A budget shall —
in the case of a civil matter, list the steps in the proceedings that an applicant of modest means, acting under competent advice, might reasonably be expected to take having regard to the potential results and the costs involved; and
specify the amount of money that represents the anticipated total fees and disbursements for those steps.
An assigned attorney may appeal a budget set by the Court Administrator to a judge in chambers.
Where an assigned attorney-at-law refuses to accept a budget set under this section and he has not made an appeal under subsection (5) the Director, after receiving the approval of the Court Administrator, shall notify the attorney-at-law that the matter will be assigned to another attorney-at-law and the matter shall be so assigned.