Change Log Retainer Agrement POA

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1.1 January 18, 2012

Current Version: 1.1 (Implemented January 18, 2012) Version 1.0

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Retainer Agreement

Version 1.1
Applied January 18, 2012

I authorize and retain my principal representative as well as any Law Society of Upper Canada (L.S.U.C.) licensed representatives that my principal representative designates to my matter to act jointly as representative(s) on my behalf with respect to the matter and to take such action as they think advisable and as I direct either orally or in writing including any pleas as I may direct.

I understand that my in-court representative may not be the person named on this retainer agreement, and I waive any right to notification prior to court appearances regarding the name of any representative / agent assigned to me by my principal representative.

I agree that my principal representative's account for services rendered will be based upon a block fee for representative's services or for any disposition. The block fee shall include all case preparation, communications, research, document drafting and in-court appearances.

1. Payment Details

  • A money retainer covering no less than half the overall fees and all taxes (H.S.T.) must be paid upfront before commencement of services with the remainder to be paid in full within 60 days of the initial retainer.
  • I agree to pay the costs of all taxes (H.S.T.) and understand that the taxes for the entire fee will be added to the initial deposit and must be paid in full upfront.
  • I authorize my representative(s) to debit the credit card listed on the retainer form for the remaining balance after 60 days from the date of my initial deposit or within 30 days of the date that my matter is estimated to be finished.
  • I understand that any substantial additional expense to be incurred such as retaining experts and/or any disbursements will require my written authorization.
  • I agree to represent myself in court without a representative in the event my retainer obligations are not met.
  • I agree that, should the case be delayed because of my actions or pursuant to my instructions, an additional fee of $125.00 will be rendered for each adjournment.
  • I agree that, should my actions necessitate my representative(s) removing themselves from my case, a $125.00 removal of record fee will be rendered to my account.
  • I understand that the retainer fee may be split between my principal representative or their firm and the designated court representative(s). The court representative will receive between 10% to 50% of the total retainer fee, and this arrangement is done at no additional expense to me. All work and expenses are distributed between the parties fairly as per their agreement.
  • I understand that all fee payments are non-refundable under all circumstances.
  • I understand that all deposits will be deposited into a trust account unless otherwise specified by me.
  • I understand that all services are completed for a block fee and interim billings for work already completed will commence upon services being rendered.
  • I authorize my representative or their licenced designates to debit my funds in trust for services rendered (interim billings) immediately upon completion of those services and prior to the final completion of my matter without notice to me.

2. Interest and Collection of Funds Owing

  • I am aware that my representative is entitled to charge interest on unpaid fees, charges or disbursements, calculated from a date that is one month after the bill is delivered or one month from the date that the funds are due.
  • The rate of interest applicable to a bill shall be shown on the bill delivered.
  • I am aware that failure to comply with the payment terms may result in my account being sent to a collections agency or in legal action by my representative.

3. Description of Services Not Included

  • I understand that services not included within the scope of representation are (unless specified):
    1. Appeals of judgments or orders of the court;
    2. Investigations in order to discover or obtain evidence to support the defence;
    3. Transcribing the facts of my case or my versions of events with respect to the case;
    4. Requesting and obtaining transcripts;
    5. Re-openings;
    6. Other services I may request of Road Warriors in connection with any other matter, action, process or proceeding.

4. Perjury and Obstruction of Justice

  • I understand that my representative(s) cannot tell a lie on my behalf or knowingly allow me to tell the court an untruth.
  • I understand that my representative(s) will not in any way do anything illegal in order to advance my matter.
  • I understand that any request on my part to do so may result in services being withdrawn at my expense.

5. Facts of the Case

  • I agree to provide my representative(s) an accurate account of the facts of my matter, including the event(s) that led to my charge(s) and a list of possible witnesses and what they might have to say, in digital writing as soon as possible. This account will remain confidential and not be disclosed by my representative(s) or their designates without my permission.
  • I understand that it is my responsibility to inform my representative of any existing demerit points at the time of my offence as well as my licence type and status and that I should contact the Ministry of Transportation (MTO) to obtain a record of this information to send to my representative.
  • I understand that if I am charged with speeding and at trial if it is discovered I was actually traveling at a different rate than charged, I may be convicted and sentenced at that rate of speed which may include a higher fine, increased demerit points and the possibility of a license suspension if the newly discovered rate exceeds 50 KPH above the limit.
  • I understand that any documentation, including written letters, is not admissible at trial and that any evidence I wish to show the court must be in the form of a live witness. Documents can be entered as evidence if they are presented to the court by a live witness.

6. Instructions from Client and Desired Outcome

  • I am aware that any guilty plea made on my behalf means that I accept and admit to all the facts read into evidence by the prosecution and that I am giving up my right to a trial. A plea of guilty means the crown does not have to prove their case beyond a reasonable doubt and that I no longer have the right to appeal the conviction.
  • I agree that I will be present in court unless otherwise directed by my representatives or their licenced designates.
  • I understand that my attendance, while recommended by my representative, is optional under the Provincial Offences Act, which governs my matter, and I can direct my representatives to proceed without my attendance as best they can.
  • I understand that if any errors are made during my hearing could have been avoided by my attendance, those errors will not be grounds for an appeal nor will I hold my representative(s) liable for any damages as a result.
  • Should my instructions change, I will contact my principal representative no later than two weeks prior to my scheduled court date in order to discuss and provide the amended instructions in writing, otherwise I will be in court to express my new direction on the record.
  • I understand the consequences of my plea as explained by my representative(s), and that they have not given me advice regarding the possible effects of such on my insurance, as different insurance companies have different policies.

7. Duties and Responsibilities of the Client

  • I understand that it is my duty to contact my representative at least two weeks before court and instruct how to proceed with my matter. If I fail to do so, I fully authorize my representative(s) or their licenced designates to use their discretion and enter a plea that would be in my best interest, Guilty or Not.
  • I understand that if for whatever reason I cannot contact my representative prior to trial, I will attend my trial to give direction.
  • I understand that it is my responsibility to ask my representative if my testimony is required for this particular matter, yet despite their recommendation, I am fully aware that it is my right to testify at trial should I so desire.
  • I understand that it is my responsibility to contact my representative from time to time to get updates on my case. I am aware that at times it may take up to seven days for my representative to respond to my inquiries.
  • I agree to immediately contact my representative upon receipt of any court information to secure them with a copy of the information received.
  • I understand that it is my responsibility to contact my representative(s) or their licenced designates for my new court date. If I am unable to contact my representative(s) or their licenced designates, I will call the Provincial Offences Office in order to inform myself of any court dates and be present at such dates.
  • I understand that it is my responsibility to inform the court as well as the MTO of any and all address changes.
  • I agree to retain copies of all documents submitted to my representative.
  • I understand it is my responsibility to serve subpoenas to witnesses if they are required for any hearing with respect to my matter.
  • I understand that I am responsible for any fines or surcharges as a result of convictions arising from my matter.
  • I acknowledge that I am aware of the consequences of non-payment of fines, including possible licence suspensions by the MTO, and that it is my responsibility to contact the court in order to obtain any time extensions required.
  • I understand that if my license is suspended, I must immediately turn over my license to the MTO in order to begin the period of suspension. The period of suspension begin upon turning the license over to the MTO, not upon receiving conviction.
  • I understand that I have 30 days from the date of court order to appeal the decision in Provincial Offences matters.
  • I understand that Facebook is a public forum and my representative(s) are not responsible for any actions I take on Facebook or any other social media with respect to my engagement of my legal representatives.

8. Termination of Services

  • The following facts or circumstances may result in termination or withdrawal of services by the representative(s):
    1. The client fails to pay retainers or accounts in accordance with retainer agreement;
    2. The existence of a conflict of interest which cannot be resolved;
    3. There has been a serious loss of confidence between the paralegal and the client;
    4. The client deceives the paralegal;
    5. The representative(s) are instructed by the client to do something inconsistent with the paralegal's duty to the court or tribunal and, following explanation, the client persists in such instructions;
    6. The client is guilty of dishonourable conduct in the proceedings or is taking a position solely to harass or maliciously injure another;
    7. It becomes clear that the paralegal's continued representation will lead to a breach of these rules;
    8. The representative(s) are deemed not competent enough to handle the matter;
    9. The representative(s) are discharged by the client.
  • If termination is initiated by the client, the client must communicate the request in writing to the representative(s) and include any file transfer details in regard to new agent particulars.
  • Once the retainer is terminated, documents and file contents belonging to the client will be available for pickup by the client, at no cost, at an agreed-upon date and time.
  • Should termination of services come as a result of the actions of the client, a $125.00 removal of record fee will be applied.

9. Closure of My File

  • My file will be closed only after all matters relating to the file have been completed and, in particular, after all undertakings have been satisfied.
  • I waive my right to have my file back upon completion of my matter and I will only receive original documents back from my representative(s) upon written request. Original documents will be returned at no cost to me.

10. Retainer details

  • I acknowledge that this retainer agreement does not come into effect until it is signed by an employee of my principle representative(s)' staff including their non-licenced staff.
  • I understand that upon retaining the above-mentioned representative, I will not pay my fine(s) until the matter is resolved or otherwise instructed by my representative(s).
  • I acknowledge that the disposition of this matter has not been guaranteed in any way by my principal representative(s) and their employees or licenced designates.
  • I acknowledge that I have received no advice from my representative(s), their firm or their legal designate(s) regarding the possible effects of any charges or pleas on my insurance. I have been advised to contact my insurance company to inquire about any possible effects.
  • I acknowledge that I must contact the MTO in order to find out how possible demerit point accumulation or convictions may affect my licence.

11. Authorization

  • I authorize my principal representative(s) to employ any lawyer, paralegal licensee, representative or expert they believe necessary in this matter.
  • I authorize my representative(s) to exercise their discretion in filing or abandoning any charter application that may arise during the course of the proceedings.
  • I authorize my representative(s) to adjourn any proceedings as per their discretion and I fully understand that any adjournments made by my representative(s) in this matter would waive my 11B privileges (your right to be tried within a reasonable amount of time as guaranteed by the Canadian Charter of Rights and Freedoms) from the time of the adjournment until the next scheduled trial date set as a result of the adjournment.
  • I authorize my principal representative(s) or their designates to adjourn my matter without giving me prior notice or seeking my permission as long as I am informed of the new court date 7 days prior to my original scheduled court date.
  • I authorize the Ontario Court of Justice or any prosecution related to my matter to provide all materials including any Notice of Trial dates and Disclosure to any agent or licenced designate of my principal representative(s).
  • I authorize any department of the Ontario Ministry of Transportation to disclose all driving record and licence information to any agent or licenced designate of my principal representative(s).
  • I authorize my principal representative(s) or their licenced designates to represent me in court.
  • I voluntarily instruct, authorize and direct my principal representative(s) or their licenced designates to act for me and enter a plea (Guilty or Not Guilty), whether or not I am present at such proceedings and whether or not I have been made aware who specifically will be speaking to my matter in court, as long as they follow my written instructions provided to my principal representative(s).
  • I understand the nature and consequences of a plea of Guilty or Not Guilty, and my plea is being made voluntarily through my principal representative(s) or their licenced designates or in person myself.
  • I am aware that the sentence, if imposed, is entirely up to the presiding Judge or Justice of the Peace who is in no way bound by the submissions or proposals of my representative(s) whether made jointly or otherwise.
  • I authorize my representative(s) or their licenced designates to give the court my address, including a new address not listed on my original ticket or summons, for fine purposes.
  • I authorize my representative(s) or their licensed designates to disclose my personal information to the court in the event that they believe it will benefit my case and possibly reduce fines or penalties. This information will never include contact information (excluding mailing addresses), credit information or my original account of the incident made upon retaining. I understand that, should I wish any other information to not be disclosed in this case, I must inform my representative(s) in writing of any specific information I do not wish disclosed.
  • I authorize my representative(s) or their licenced designates to communicate with and receive instructions from my proxy on my behalf with respect to this matter, without limitation, including instructions on pleading Guilty or Not Guilty in my absence.
  • I acknowledge that I have received and read a copy of this document and I agree to all the terms and conditions held within.