What is the test for second counsel fees?
Alberta, Canada
The following excerpt is from Lavallee v. Siksika Nation, 2011 ABQB 282 (CanLII):
Second counsel must assist in the preparation leading up to presentation of the matter and such involvement must be justified by the nature of the case: Davidson v. Patten, 2005 ABQB 521, 381 A.R. 6, var'd on other grounds 2008 ABCA 65 at para. 19. In Kassam, at para. 14, Veit J. also suggested that courts should err, if at all, on the side of generosity by allowing second counsel fees since party and party costs provide a check and balance by reimbursing only a fraction of the cost of second counsel at trial.
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