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Commonly Asked Questions about Legal Fee Agreements

Suing for legal fees is common in many lawsuits. Suing for legal fees doesnt guarantee that the judge will give them to you. Some states have laws that require the party that loses a lawsuit to pay the winning sides legal fees in certain cases. These are called prevailing party provisions.
What is a Fee Agreement? A fee agreement is a contract between a service provider such as an attorney, recruiter, maintenance company, or stockbroker and a client.
Lawyers typically charge retainer fees ranging from $1,000 to $5,000, depending on their experience, location, and case complexity. For more complex cases, retainers can exceed $10,000. The specifics are outlined in a retainer agreement, which may be refundable or non-refundable.
Lawyers can charge a contingency fee in any matter except for family law, Criminal Code (Canada), or any other criminal or quasi-criminal matters. Paralegals can charge a contingency fee in any matter within their permitted scope of practice except Criminal Code (Canada) or any other criminal or quasi-criminal matters.
Legal and other professional fees are not specifically mentioned in the Code as deductible items. Therefore, a taxpayer is able to deduct these types of fees only if they qualify as ordinary and necessary expenses under 162 (business expenses) or 212 (expenses related to the production of income).
Am I required to pay taxes on an employers reimbursement of a portion of my legal fees resulting from the employer refusing to supply counsel in the first place? If you did not deduct the legal costs you incurred to protect your income (your job) then the reimbursement is NOT taxable income to you.
You can deduct any legal fees you paid in the year to collect or establish a right to collect salary or wages. You can also deduct legal fees you paid in the year to collect or establish a right to collect other amounts that must be reported in employment income even if they are not directly paid by your employer.
Legal fees you incur for resolving tax issues, advice or preparation of tax forms related to your business usually are deductible. Fees related to adopting a child are deductible if you qualify for the federal adoption tax credit.