Change Log Retainer Agrement POA
|Future Road Map|
|1.1||January 18, 2012||www.roadwarriors.ca/retainer_agreement|
Current Version: 1.1 (Implemented January 18, 2012) Version 1.0
2 Queenston St., St. Catharines, ON, L2R 2Y7
PHONE: 1.877.2.SHIELD | FAX: 1.888.797.7871
Retainer Agreement Small Claims
Applied June 5th, 2013
This retainer agreement is
Road Warriors Paralegal Services
___________________________ V. ___________________________
- Road Warriors Paralegal Services shall be referred to as either or all of: "paralegal", "the firm", "licensed representative", "representative" or "agent".
- I shall be referred to as "Client".
- The Small Claims Court, a division of the Ontario Superior Court of Justice, shall be referred to as "court".
- The aforementioned matter shall be referred to as "matter".
- A stage is defined as as the grouping of work done per fee defined under the sub heading "Stages".
2. Scope of Representation
The paralegal(s) assigned to the file shall hold all information in strict confidence and not disclose any information regarding the case except upon requirement by the court to commence the civil action or if the client divulges information that would lead the paralegal(s) to reasonably suspect that the public or the client is in immediate and serious danger or upon subpoena of the court or to defend against allegations of negligence only to such extend as is required for the safety or defend the allegations of the client
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 settlement agreements.
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.
5. Payment Details
- A money retainer covering no less than half the overall stage fee and all taxes (H.S.T.) must be paid upfront before commencement of services with the remainder to be paid in full within 30 days of the initial engagement of the stage.
- 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 and I will be deemed to have withdrawn from the services of the firm and the firm will have deemed to have recused its services.
- 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 mixed trust account unless otherwise specified by myself to be placed in a separate interest bearing trust account.
- I understand that all services are completed for a block fee per stage and interim billings, via email or regular mail, for work already completed will commence upon services being rendered.
- I authorize my representative or their licensed 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.
- I understand that the firm will inform me when the balance on the trust account is about to be extinguished and that the money retainer in trust must be replenished before any subsequent work on my file shall occur.
- I understand that it is my responsibility to replenish the trust account if ever the balance in trust is about to be extinguished
6. 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.
7. Description of Services Not Included
I understand that services not included within the scope of representation are (unless specified):
- Appeals of judgments or orders of the court;
- Investigations in order to discover or obtain evidence to support the defence or claim;
- Transcribing the facts of my case or my versions of events with respect to the case;
- Requesting and obtaining transcripts;
- Other services I may request of Road Warriors in connection with any other matter, action, process or proceeding.
8. Joint Retainers
The firm shall advise all parties of the joint retainer agreement and that no secret will be kept between parties of the retainer. Should one part tell the representative something, the representative shall inform the other party subject to the retainer agreement.
Upon receipt of a potential joint retainer, the firm shall suggest that one or all individuals party to the retainer retain separate legal representation.
9. 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.
10. 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 process in court 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 information related to my matter directly or indirectly.
- 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.
11. Instructions from Client and Desired Outcome
- I agree that I will be present in court unless otherwise directed by my representatives or their licensed designates in writing.
- I understand that my attendance, is required for both the settlement conference and the trial and any other proceeding required for the resolution of the matter.
- I understand that if any errors are made during my settlement conference or trial 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 process including possible court costs and possible opposing party costs.
12. Duties and Responsibilities of the Client
- I understand that communication between myself and the firm and all representatives shall be either in person, telephone, e-mail or regular mail
- 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, my representative will seek an adjournment and if denied will proceed with the process's stage until the stage is complete.
- I understand that if for whatever reason I cannot contact my representative prior to any hearing, I will attend my hearing 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 a hearing 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 licensed 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 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 agree Service of documents are to unrepresented parties are my responsibility unless I deposit monies into trust in order to serve such documents
- 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 or non compliance of judgements.
- 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.
13. Termination of Services
The following facts or circumstances may result in termination or withdrawal of services by the representative(s):
- The client fails to pay retainers or accounts in accordance with retainer agreement;
- The existence of a conflict of interest which cannot be resolved;
- There has been a serious loss of confidence between the paralegal and the client;
- The client deceives the paralegal;
- 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;
- The client is guilty of dishonourable conduct in the proceedings or is taking a position solely to harass or maliciously injure another;
- It becomes clear that the paralegal's continued representation will lead to a breach of these rules;
- The representative(s) are deemed not competent enough to handle the matter;
- 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.
14. Conflicts of Interest
The firm shall not act for any party with whom they have a conflict of interest nor act for both parties in a dispute nor act against a former client unless the former client consents.
The firm shall cease to represent the parties in a dispute should a conflict of interest arise that was not present upon the retaining of the firm by the client.
The firm shall subsequently upon notice of a conflict of interest, advise the party of the conflict and proceed to withdraw from representing the parties. The firm shall refer the parties to other legal representatives.
15. 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.
16. 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-licensed staff.
- I understand that upon retaining the above-mentioned representative, I will not speak to opposing parties or take any action related to the process without direction from my representative.
- I acknowledge that the disposition of this matter has not been guaranteed in any way by my principal representative(s) and their employees or licensed designates.
- 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 adjourn any proceedings as per their discretion.
- 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 Superior Court of Justice to provide all materials including any Notice of Settlement Conference, Notice of Trial dates or any other documentation related to this matter to any agent or licensed 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 licensed designate of my principal representative(s).
- I authorize my principal representative(s) or their licensed designates to represent me in court.
- I voluntarily instruct, authorize and direct my principal representative(s) or their licensed designates to act for me and commence or defend proceedings, 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 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 licensed designates to give the court my address, including a new address.
- 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. This information will never include contact information (excluding mailing addresses), credit information. 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 licensed designates to communicate with and receive instructions from my proxy on my behalf with respect to this matter, without limitation, including instructions on settlement.
- I acknowledge that I have received and read a copy of this document and I agree to all the terms and conditions held within.