As stated in section 45 of the LABC Tariffs General Terms and Conditions, tariff lawyers may, without prior LABC authorization, bill LABC for legal services performed by an articled student if the following applies:
(1) The articled student acts according to Law Society rules and does not act in the following:
- The role of duty counsel,
- A proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a Provincial Court judge, or
- Any contested application for continuing custody;
(2) The client consents to the articled student providing the legal services;
(3) The tariff lawyer bills the legal services performed by the articled student at the Tier 1 rate (LABC will adjust the amount to 75% of the applicable tariff rate for hourly items — see page 18 of the General Terms and Conditions);
(4) The tariff lawyer indicates on the invoice which legal services the articled student performed; and
(5) The tariff lawyer does not bill both the articled student’s time and the lawyer’s time for the same services or appearances.
