Incorporated Retainer Agreement Terms
The following terms are included in all retainer agreements entered into with Law Office of Kalina & Tejpal, Professional Corporation and are reprinted from https://lawyer4u.ca/agreement-terms
For ease of reference in these agreement terms, “I” and “My” refers to the client while “You” and “Your” refers to the Law Office of Kalina & Tejpal, Professional Corporation.
- The Law Office of Kalina & Tejpal, Professional Corporation contact information is:
1325 Eglinton Avenue East, Suite 210, Mississauga, ON L4W 4L9
Telephone Number:+1 (416) 900-6999
+1 (844) 268-6477
General email address: firstname.lastname@example.org
- In the course of representing me, you are hereby authorized to employ such counsel, agents, experts, or assistants from time to time throughout the proceedings, and I agree to pay the fees established by you for the services rendered by that person or persons provided that I am advised in advance of any such appointment.
- I understand and acknowledge that you cannot guarantee the outcome of any legal proceeding. Nor can you accept a contingency fee arrangement where you will be paid based on the outcome of the proceedings.
- It is understood that your fee for services are subject to the following Fee Inclusions & Exclusions:
- It is understood that the hourly fee is payable for any service performed on my behalf that is not specified in the retainer agreement unless otherwise agreed to in writing.
- The minimum fee for your services shall be the block fee if one is specified in the agreement.
- Harmonized Sales Tax is in addition to any fees that are payable.
- Disbursements including court fees, transcripts, photocopies, fax, postage, expert reports, travel expenses and courier are in addition to fees and taxes.
- File preparation, telephone calls, meetings, attendances, reporting letters, memos and other related material are included in your fee.
- I am responsible for advising you of any change in my residential address, email or telephone number.
- I further understand that:
- I will pay any invoice for fees and disbursements in full immediately upon receipt and that the counsel fee is payable in advance to you upon my being advised that you will appear in court.
- I acknowledge my responsibility for payment of interest on any unpaid account in accordance with the provisions of the Solicitors Act and section 128 of the Courts of Justice Act.
- I instruct you to prepare all accounts on a block fee basis and specifically waive any right to an itemized hourly account unless payment is on an hourly basis.
- I agree that you are entitled to a bonus for an extraordinary result.
- I acknowledge that you have the right to increase the block fee at your discretion if you determine that the situation warrants it. You will notify me in writing of such a circumstance.
- I agree that your fees are subject to increase on January 1st of each year.
- Each request for an itemized account or additional reporting shall be subject to an administration fee that represents a minimum of one hour billed at your hourly rate plus photocopy and postage charges.
- If any invoice remains unpaid that you have the right to withdraw your services and immediately terminate this agreement.
- In the event, that I elect to terminate this agreement, I agree to pay in full for all services through to the period until you are discharged as solicitor of record.
- I consent to collection of any unpaid amount.
- I hereby acknowledge and confirm that the monies provided in satisfaction of this Retainer are not directly or indirectly furnished out of the proceeds of crime.
Limitation on Instructions and Retainer
- I acknowledge that:
- I am the sole person entitled to provide instructions to you and receive information with regard to any information that is in your possession.
- I also recognize that all information provided to you is privileged and that no other person is entitled to provide instructions or receive information unless I authorize you otherwise.
- I also recognize that the privilege continues, even though someone else may pay my invoices on my behalf.
- No privilege nor confidentiality exists between co-accused when we are both represented by you in criminal matters.
- No privilege nor confidentiality exists between the any of the people included in an application process, whether spouse, children, or employer.
- In the event of any conflict of interest that may arise, I understand that you will be required to terminate this agreement, withdraw your services and request that each person affected obtain independent legal advice.
- This agreement may be terminated in writing by either party in the event of fraud, a conflict of interest or a disagreement. In the event of any fee dispute due to termination, your fee will be prorated at your hourly rate and you may withdraw from providing any further services. Some of the reasons for termination by counsel include: misrepresentation of facts or failure to disclose important facts, not cooperating with any reasonable request, or requesting counsel to do something unethical or illegal. It is agreed that in your discretion, you may withdraw from acting on my behalf upon my receipt of actual or written notice mailed or emailed to my last known address. I understand that I will be asked to execute a Consent to this effect if an application to the Court is required.
- I understand that this retainer is limited to the matter described in paragraph one of the signed retainer agreement. I understand that you are NOT providing legal advice in relation to finances, taxation, personal injury, corporate, real estate, employment, estates, bankruptcy, civil litigation, human rights, family or any other area of law that is not the subject matter of this retainer. I understand and acknowledge that you are NOT providing financial, mental health, therapeutic or life skills advice and that it is my responsibility to obtain advice in those areas of law or my personal life to satisfy myself of my personal concerns, rights and circumstances.
- I understand that while you may offer an opinion about my case or about possible results of a court hearing relating to this matter, you cannot and do not guarantee any particular result. I acknowledge that you have made no promises about the outcome and that any opinion offered does not constitute a guarantee.
- I acknowledge that it is my responsibility and obligation to comply with all deadlines for the filing of documents. I agree that I will provide you with all the information and documents necessary to comply with deadlines in a timely manner prior to that deadline, taking into account your office schedule and the volume of documents to be filed. I understand and agree that in the event that I do not provide you with the necessary documents in accordance with your timeline, that you will not be responsible for the consequences that flow from missing that deadline. I also understand that by not complying with the deadlines that I may be adversely affecting my interests, legal rights and your ability to present my case.
- Communications may be via postal mail, electronic (email, instant messaging, conferencing), verbal or voice messages. I acknowledge that electronic communications are insecure and may be subject to compelled disclosure or inspection by third parties such as telecommunications providers, internet providers or Government agencies. Notwithstanding that insecurity, I consent to the use of electronic communications between us.
- I acknowledge that the preferred form of communication is by email rather than instant messaging or telephone. I understand that any instructions or documents from me must be sent by email and not through instant messaging services such as WhatsApp, Facetime, iMessage or SMS. I agree to setup an email account if I do not already have one. I agree to monitor an active email account for the purpose of communicating with you throughout our working relationship. Zoom (www.zoom.us) is the preferred platform for telecommunications. These technologies will be used unless the I object. I acknowledge that third party access is an inevitable consequence of doing so. Reasonable steps will be taken to ensure confidentiality and privilege are maintained by use of appropriate passwords and industry standard software and hardware, but just like you could not guarantee that a laptop won't be stolen, mail won't be read enroute, or faxes intercepted or misdirected, there is no guarantee of third-party access occurring.
- I understand that you are a paperless office environment, which means that all documents, audios and videos are stored electronically. In addition, documents are served on the opposing party and then filed electronically. Conversely, any material that is received will be also be in an electronic format. I understand that I am expected to be able to receive and provide information electronically and agree to do so.
- I understand that your business hours are variable and are by appointment only, even on short notice. Drop-in appointments are discouraged and will not be accommodated. I acknowledge that you may be required to attend court on short notice and that some court appearances may take longer that you anticipate. I agree to confirm our appointments by email on the day of the appointment prior to attending your office.
- I understand that if I am unable to reach you by telephone that I can either leave a voicemail message or send an email and that you will respond to me as soon as practicable. I also understand that if our agreed fee structure is an hourly fee, that you will be billing me for each telephone call, voicemail, message and email.
- I understand that you will usually respond to my queries within one or two days, however, there may be instances when you are unavailable due to vacation or court appearances that may delay responses to my queries. I understand that you will endeavour to respond to my queries as soon as you are able. I also understand that you will advise me whenever a significant step occurs such as whenever you send or receive correspondence, engage in discussions, or appear on my behalf. In addition, I understand that there also may be occasions when nothing of significance transpires, and we are waiting for time to pass before the next event can occur.
- I acknowledge being advised that I am not to communicate about my case with anyone other than you in order to protect the confidentiality of my case and to ensure that improper information is not communicated to anyone that may harm my legal interests.
- I acknowledge being advised to provide a detailed written account to you of all the circumstances and events surrounding the incident that is the subject of the legal proceedings and agree to provide that information to you as soon as practicable.
For Criminal Matters
- I understand that I am required to attend all criminal court appearances unless I have signed a designation pursuant to section 650.01 of the Criminal Code of Canada.
- Limitation on retainer and consequences of criminal charges or convictions.
- I acknowledge that it is my responsibility to advise you in writing as soon as possible that I am not a Canadian Citizen because there may be adverse consequences to my immigration status arising from criminal charges. Moreover, criminal or drug charges can give rise to issues regarding admissibility to enter foreign countries, particularly the USA. I acknowledge that I am strongly advised to seek advice from a lawyer in the country to which I wish to travel.
- Criminal charges may have an impact on employment or volunteer work (such as coaching) especially if either a criminal record check or a vulnerable person check is necessary to qualify for the position. This may be so even if the result is an acquittal or a withdrawal of proceedings. I acknowledge that if I have any concerns about such issues that I am to advise you, in writing, about those concerns. Not all such consequences are avoidable, but these factors may be relevant to resolution negotiations or factor in sentencing submissions. In addition, some court cases give rise to civil litigation issues (i.e. someone may sue me or I may wish to sue someone else). I acknowledge that if I am or will be involved in family law proceedings, there may be adverse consequences as a result of the criminal proceedings.
- I acknowledge that you are not representing me nor are you giving me advice regarding any civil or non-criminal aspects of my case. I acknowledge that you are not able to guarantee that there will be no impact on my situation. I acknowledge that it is my responsibility to contact a lawyer knowledgeable in the area of family, employment, human rights law or civil litigation if those or other areas are of concern to me.
- I acknowledge that it is my responsibility to notify you in writing if I am of Indigenous First Nation background. I will advise you, in writing, of the relevant details as there are special rules which apply to First Nation persons in the criminal justice system.
- I acknowledge that it is my responsibility to notify you in writing if me, or any witness, requires an interpreter in court and the language spoken.
- I acknowledge that any disclosure material received from the prosecutor for my case is subject to implicit and explicit undertakings not to release that information to me. I understand that you will be reviewing the disclosure with me in your office or by videoconference, however, I am not entitled to keep any of the disclosure unless either the prosecutor or a judge allows it.
Immigration and administrative applications
- I understand and acknowledge that you cannot guarantee the result of the application and that no refund is payable if the application is not successful. I acknowledge that the Government of Canada or a Province may change the eligibility of any program under which I apply and may even make changes that retroactively impact on my application. I acknowledge that you are being paid for a purpose that is in existence at the time of our retainer only. No money is refundable once an application has been commenced by you, unless agreed to in writing.
- I understand that the Government of Canada may share information between its Ministries and other levels of Government and that there may not be any privacy between the departments responsible for immigration, taxation, and law enforcement.
- I acknowledge that I am responsible for the quality of all information provided to you and hereby certify that:
- All present and future information provided to you is true and accurate.
- No person in the application is inadmissible on medical or criminal grounds.
- No person in the application requires the consent of the Minister of Immigration, Refugees and Citizenship or the Minister of Public Safety to enter Canada because they have been previously deported from Canada.
- The latter two paragraphs are not applicable if our agreement is for an application or litigation that is due to inadmissibility or deportation issues.
- I acknowledge that it is my responsibility and obligation to comply with all deadlines for the filing of documents. I agree that I will provide you all the documents necessary to comply with deadlines in a timely manner prior to that deadline, taking into account your office schedule and the volume of documents to be filed. I agree that in the event that I do not provide you with the necessary documents in accordance with your timeline, that I will be responsible by myself for ensuring that all documents are properly served and filed in the manner and within the required time period to protect my rights and present my case.
- I agree that if I misrepresent anything to you, or provide any information that is inaccurate or results in the denial of my application for Temporary or Permanent Residence in Canada that I will forfeit all money paid to you or your agents and that this agreement will be immediately terminated.
Privacy and Consent
- Pursuant to the Personal Information Protection and Electronic Documents Act, I consent to the collection, use and disclosure of my personal information solely for the purpose of the performance of the retainer agreement.
- I acknowledge that you use cloud-based programs to store client files and business records, and that some of these programs use servers located outside of Canada. I acknowledge that using these programs may create some risks for my information and by retaining your services I agree to your use of these programs.
- I acknowledge that it is my responsibility to inform you of any issues that I may have understanding the English language or understanding what is required of me.
These terms are incorporated into all retainer agreements with the Law Office of Kalina & Tejpal, Professional Corporation. They are current as of July 1, 2021 and may be amended periodically as necessary.