2 Queenston St., St. Catharines, ON, L2R 2Y7
PHONE: 1.877.2.SHIELD | FAX: 1.888.797.7871
help@roadwarriors.ca
www.roadwarriors.ca

1. Interpretation

• 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".

The firm shall forthwith be retained to provide legal services pertaining the provision of legal services including legal advice in respect to the matter, issuing any and all claims, completing all documents for the Small Claims Court of Ontario, representing the client in front of the court, serving documents to any and all parties involved including the court and all other actions reasonably associated in the completion of the specific stage of the matter for which the firm has been retained.

3. Confidentiality

 
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

 

4. Authorizations

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):
  1. Appeals of judgments or orders of the court;
  2. Investigations in order to discover or obtain evidence to support the defence or claim;
  3. Transcribing the facts of my case or my versions of events with respect to the case;
  4. Requesting and obtaining transcripts;
  5. Other services I may request of Road Warriors in connection with any other matter, action, process or proceeding.

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.

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.