FamilyTariff
Family Tariff General Tariff Infrmatin This chapter f LSS Tariffs prvides infrmatin abut hw LSS will cmpensate yu fr family law services that yu prvide t clients. Fr general infrmatin abut the terms f yur cntract with LSS, see General Terms and Cnditins. Fr infrmatin abut billing family appeals, see Appeals and Judicial Reviews. Fr infrmatin abut billing disbursement items, see Disbursements. Scpe f the family representatin cntract Each family law representatin cntract identifies the primary legal issues fr which the cntract was issued (under Cntract Details ). These issues generally invlve emergency r high cnflict situatins (current cverage and eligibility guidelines are utlined n the LSS website under Legal Aid Representatin). The services yu prvide t yur client shuld fcus n the primary legal issues identified n the representatin cntract. If after addressing the primary legal issues listed n the cntract yu find yu have time remaining, yu may address yur client s significant family secndary legal issues. If yu need mre time t reslve the primary legal issues listed n the representatin cntract, yu may apply fr Extended Family Services (see next page). Yu may discver after the first meeting with yur client that they d nt have a cverable issue. In this situatin, prvide LSS Intake with yur pinin that there is n cverable issue and yur client must return t LSS fr reassessment befre yu prceed with the cntract. LSS will determine if there is any issue that can be cvered. If yur client has significant prperty issues in additin t their primary issues, please refer t the LSS Settlements and Judgments plicy. Scpe f a prtectin rder representatin cntract Yu may receive a limited representatin cntract ( prtectin rder nly ) if yur client requires a prtectin rder under the Family Law Act (FLA) and des nt therwise qualify fr a family law representatin cntract. Such cntracts may be issued fr family members, as defined by the FLA. The prtectin rder nly cntract prvides a limited amunt f general preparatin and actual curt attendance, and authrizes yu t btain a prtectin rder fr the family member. It is nt intended t reslve ancillary issues. Extended Family Services hurs are nt available fr these cntracts. July 19, 2018 1
Extended Family Services Extended Family Services are available fr eligible clients whse primary legal issues require mre time than was specified in the initial legal aid representatin cntract. T be eligible fr the hurs available under Extended Family Services, yur client must have a current family law representatin cntract and cntinue t qualify fr legal aid. LSS then cnsiders merit, available budget, and whether: there are significant cntested issues invlving sexual, mental, r physical abuse f the client r the client s children, the ppsing party is using the justice system t cntinue a pattern f abuse r is preventing the reslutin f a significant cverable issue, there is significant risk f the client being alienated frm their children, the client r children may be left at risk if cverage f the case is discntinued, and/r reslutin f guardianship/cntact r custdy/access issues will have a significant psitive impact n the relatinship between the client and their children r n the envirnment in which the children are raised. Merit cnsideratins fr extended family services include whether: the underlying issues that entitled the client t the initial family representatin cntract have nt been stabilized; reslutin will have a significant impact n the client s ability t maintain their r their children s safety r the client s basic ability t feed, clthe, and huse themselves r their children; there is a reasnable likelihd f success; a reasnable persn f mdest means wuld themselves pay t pursue the case; the client has made gd faith effrts t negtiate a settlement where apprpriate; existing interim rders (that are nt ex parte) d nt prvide sufficient stability fr the client s situatin s that it is necessary, rather than merely desirable, t btain a final rder; hurs available under the family tariff have been reasnably used t address the primary legal issues that entitled the client t the representatin cntract; and there is remaining LSS budget available t fund the case. Nte: Extended Family Services are nt available where matrimnial real prperty n reserve is the nly utstanding issue. 2 July 19, 2018
T apply fr Extended Services, please submit a tariff item authrizatin request via LSS Online and attach an Extended Family Services Opinin Letter. This letter is available in LSS Online under Resurces Frms. Yu must als ensure that yur invices are up t date. If yu require additinal hurs t reslve the primary legal issues listed n the representatin cntract and the cntract is near the service stp date, request Extended Family Services rather than have yur client re-apply fr legal aid. If yur Extended Family Services request is apprved, LSS may adjust yur service stp date. If yu are apprved fr Extended Family Services, yu can still use any hurs remaining frm the initial representatin cntract. Timekeeping Yu must keep timekeeping recrds fr each representatin cntract and retain them fr at least five years frm the date f payment f the final invice. When invicing fr services billable n an hurly basis, yu must attach a timekeeping recrd that specifies the date(s) and time spent n each task. LSS may ask yu t prvide additinal infrmatin abut the case r services rendered t date when cnsidering requests fr extra fees r Extended Family Services, r as part f ur audit prcess. If yu prefer, yu may use the timesheet prvided in LSS Online under Resurces Frms. Yu can als view an example f a cmpleted timesheet. July 19, 2018 3
Billing Items Use the infrmatin in this sectin when billing via LSS Online. Fr family law representatin cntracts, bill yur actual time spent (in ttal hurs) as specified in yur timekeeping recrds, up t the maximum available. Bill all items in hurly increments accurate t 10ths f an hur unless nted therwise. Nte: Yu will need t request authrizatin via LSS Online t bill the fllwing: mre than the LSS Online billing maximum (check each f yur cntracts in LSS Online t see the list f tariff items yu can bill and the maximum units fr each item); and a tariff item that des nt appear n yur cntract in LSS Online (LSS will apply the authrizatin guidelines as stated in the LSS Tariffs fr that particular tariff item). General preparatin Includes all basic preparatin fr a family law representatin cntract that yu cannt bill elsewhere. As well, if yu have used the maximum hurs available t yu under anther specific tariff item, yu may bill any utstanding hurs as general preparatin. General preparatin includes the fllwing, (as applicable): interviewing yur client r witnesses taking instructins preparing crrespndence preparing and filing curt dcuments negtiating settlements wrking with expert witnesses preparing written arguments drafting separatin agreements, minutes f settlement, r cnsent rders preparing fr applicatins and hearings preparing fr case r settlement cnferences preparing fr Examinatins fr Discvery preparing and submitting an pinin letter fr Extended Family Services 4 July 19, 2018
Up t 35 hurs Family law cntract Up t 7 hurs Prtectin rder cntract Extended Family Services General preparatin Prir authrizatin is required t bill this item. See General preparatin abve fr guidelines n when t bill this item. Up t 25 hurs Preparatin fr Supreme Curt Includes preparing fr cases that are in the Supreme Curt (e.g., drafting pleadings and dcument disclsure, preparing r respnding t a Supreme Curt applicatin t establish interim rders, preparing fr Examinatins fr Discvery, r preparing fr trial r summary trial). Prvide the curt file number when billing. Up t 10 hurs Extended Family Services Preparatin fr Supreme Curt Prir authrizatin is required t bill this item. See Preparatin fr Supreme Curt abve fr guidelines n when t bill this item. Up t 15 hurs Preparatin fr ut-f-curt dispute reslutin Includes preparing yur client fr mediatin sessins, arbitratin, r cllabrative settlement meetings (such as frmal cllabrative meetings r ther interest-based settlement meetings where negtiatins are cnducted in the presence f yur client, ppsing cunsel, and the ppsing party). Up t 10 hurs July 19, 2018 5
Preparatin fr issues related t matrimnial real prperty n reserve Billable fr preparatin related t: the use, ccupatin, r pssessin f the family hme, and/r the divisin f value f matrimnial real prperty (MRP) n reserve where it is a significant secndary legal issue, r central t stabilizing r reslving the primary legal issue(s). Preparatin includes the fllwing: researching applicable laws and custms, preparing r respnding t an applicatin fr exclusive ccupatin f the family hme under the Family Hmes n Reserves and Matrimnial Interests r Rights Act, negtiating r drafting an agreement fr the use, ccupatin, r pssessin f the family hme r the divisin f value f MRP thrugh mediatin r Indigenus dispute reslutin prcesses, and preparing r respnding t a Supreme Curt applicatin fr divisin f value f MRP. Bill any attendance (such as fr mediatin, Indigenus dispute reslutin prcesses, r Supreme Curt) separately under the applicable Attendance tariff item. Up t 10 hurs Attendance fr ut-f-curt dispute reslutin Includes attending mediatin sessins, arbitratin, r cllabrative settlement meetings (such as frmal cllabrative meetings r ther interest-based settlement meetings where negtiatins are cnducted in the presence f yur client, ppsing cunsel, and the ppsing party). Nte: The cnditins fr retaining a mediatr r arbitratr are in the Disbursements Tariff. The cst f a mediatr r arbitratr is t be shared between the parties unless prir authrizatin has been granted by the Case Management Sectin. Prvide attendance date(s) and actual time spent. Up t 15 hurs 6 July 19, 2018
Attendance fr curt prcesses Includes appearing in curt fr hearings f interim applicatins r at trials, attending a case r settlement cnference cnvened by the Prvincial r Supreme Curt, and attending Examinatins fr Discvery. Prvide the hearing date and the actual time spent in curt. Bill frm the time the appearance was scheduled t begin t its cnclusin, excluding meal breaks. Nte: If hearings are set n the same day fr mre than ne client, distribute waiting time in curt equally between clients. D nt bill the same waiting time mre than nce. Actual time (up t the maximum stated n yur cntract) Indigenus client supprt Billable if yur client and/r their children are Indigenus. Billable fr preparatin r ther wrk related t addressing the needs f Indigenus clients and/r their child(ren) where it will likely help reslve r maintain reslutin fr the family matter. Includes wrk that yu cannt bill elsewhere. As well, this item is billable in additin t the hurs available under General preparatin. This item includes wrk such as: planning related t the best interests f the child, including preserving Indigenus children s cultural heritage, identity, and cnnectins t their extended family and cmmunity(ies) custm adptins Sixties Scp cmpensatin band r Métis membership and Indian status applicatins Indian Act matters husing and incme supprt n reserve, r access t ther benefit prgrams and services drug, alchl, r mental health issues Examples f services that culd be prvided are: interviewing a client, their family, r cmmunity members t identify the laws, custms, and traditins applicable t the client r their child(ren); develping a cultural safety agreement r healing plan; interviewing a client t identify issues, and researching and advising n remedy; helping t fill ut frms; advcating fr a client directly with an administering agent r agency (e.g., Abriginal band); r researching and linking a client t an Elder r ther Indigenus advcate r resurce fr assistance r supprt. July 19, 2018 7
Nte: Fr wrk related t matrimnial real prperty n reserve issues, yu can bill this item in additin t Preparatin fr issues related t matrimnial real prperty n reserve. Up t 2 hurs Travel Billable per half day f travel t r frm a hearing r t interview a client in custdy if the trip exceeds 160 kilmetres per rund trip. Als billable fr each half day yu remain at the lcatin (prvide yur destinatin and yur travel date). Yu can bill travel fees if yur representatin cntract states that travel is authrized under Cntract Details. If nt, yu must request prir authrizatin via LSS Online. The maximum travel and ut-f-ffice fee n ne date is $360, unless yu bill ther services fr the same day, in which case the maximum is $180. Travel fees are paid per trip, nt per client. Nte that if yu fly between Victria and Vancuver, yu are nt entitled t travel fees. $180 8 July 19, 2018