Set out below are basic rules that govern all of our retainer agreements with clients, unless otherwise specifically agreed to in writing.
- If the client has any objections concerning our accounts for fees and disbursements, then such objections must be communicated in writing within 30 days of the date of the account, failing which the client may make no objection thereafter.
- Hodder Barristers is not retained unless we have obtained a written retainer agreement or a letter from us confirming the retainer.
- Where there is a written retainer agreement which conflicts with this firm policy, then the written retainer agreement governs.
- All retainer agreements, unless expressly agreed otherwise in writing, are governed by the laws of Ontario. Any and all disputes, claims, disagreements, including fees disputes, arising out of or in connection with the retainer agreement shall be submitted to a single arbitrator under Ontario Law in accordance with the Arbitration Act, 1991, and the arbitration shall be conducted by an arbitrator with ADR Chambers Inc. using the ADR Chambers rules. The arbitration shall be seated in Toronto and conducted in English. In the event the parties cannot agree which arbitrator to use, then either party may write to ADR Chambers Inc. and ask that it appoint one of its arbitrators, and such appointment shall be final and binding. [Revised June 1, 2009]
- The shareholders of privately held corporations are jointly and severally liable to pay all accounts rendered for legal services to such corporations. [Revised June 1, 2009]
- If an account remains unpaid for a period of 30 days from its date, then we are permitted to seek a court order removing the firm as lawyers of record, and upon doing so we are relieved of all responsibility for that proceeding. In that event the client assumes full responsibility for either continuing to act in person or obtaining new representation. [Revised January 14, 2014]
- If for whatever reason it is necessary to seek a court order removing Hodder Barristers as solicitors of record in a matter, we are authorized to charge for all of our fees and
disbursements incurred in so doing.
- The client acknowledges that our firm spam filters sometimes eliminate legitimate email from clients. The client agrees that if any email contains important instructions, then the client will insure that we acknowledge receipt of those instructions. [Revised August 16, 2017]
- The client is responsible for taking possession of their file at the conclusion of the matter, both in physical and electronic form. If a client has not picked up their file within six months of the conclusion of any matter, then we are at liberty to destroy it. [Revised March 31, 2014]
- If the client’s file should lead to written reasons for decision being issued by the court, then we reserve the right to publish those reasons on our firm web site. If the client should wish for any names to be deleted from our publication of the court’s decision, then we must be notified in writing.
- We will use email addresses supplied by the client to communicate with the client, unless we are told not to. We assume no responsibility for emails to the client which have been improperly accessed by unauthorized persons.
- We are entitled to be paid any and all amounts owing on our accounts from either the proceeds of any litigation or from any amounts held in trust for the client, or both.
- Our hourly rates may increase at the beginning of even-numbered calendar years.
- Our hourly rates are as posted.
- Except for such clients as may be exempt, all accounts for fees and disbursements are subject to HST.
- We shall be entitled to charge interest on unpaid accounts in accordance with the Solicitors Act. We also may charge notional interest on accounts where the charging of fees has been deferred.
- The client is responsible for notifying us in writing as to current address, telephone number and email address.
- We require that all funds deposited into our trust account remain there for a minimum of 10 business days before being paid out.
- Hodder Barristers is the business style name for J. Gardner Hodder, a Professional Corporation, which is a partner of Hodder, Wang LLP.
- The client acknowledges being advised of the possible availability of “After-the-event,” or ATE, insurance coverage. ATE insurance is a relatively new type of insurance in Canada that protects litigants from substantial costs that they would otherwise be liable for, should their legal action be unsuccessful. ATE insurance covers your potential liability to pay your opponent’s costs and it reimburses you for your disbursements if your claim is unsuccessful. There is no upfront fee for applying for ATE insurance. The client agrees to pay a premium, but only upon the successful conclusion of the matter. There is no interest charged on the premium. Note that the premium ultimately payable can sometimes be quite substantial. Also, there is no guarantee that such coverage would be available.
- The provisions of this Firm Policy may be changed from time to time without notice.
We disclaim all liability in respect to the use of this website. It should be understood that this website does not purport to provide legal advice, and nothing in it should be interpreted as providing any kind of legal advice. Use of the website does not trigger a lawyer/client relationship. It must also be understood that the use of the website may compromise confidentiality, and that our office assumes no responsibility in respect of same.
What the Policy Covers
This policy covers treatment of the personal information we collect from you.
Why We Collect Personal Information
We collect personal information that is necessary to administer our business, to advise you about our services, and to provide you with customer service. For further information see the Law Society of Upper Canada’s requirements for client identification and verification.
How Your Information Is Used
We do not sell, barter, trade or give away the personal information you have provided to us. We will only share your information with third parties if we are required to by law to do so or you have either expressly authorized us to, or it if is required for the provision to you of a service or product supplied by another business or organization as part of our services to you. We will take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. All personal information collected but no longer required will be disposed of by shredding or electronic deletion.
Access to Your personal Information
You may ask for access to any personal information we hold about you and may ask that the information be corrected or updated. However, we reserve the right to confirm the identity of the person seeking access to personal information before complying with any access request. If we are unable to provide you with access to all the personal information we have about you, then the reason for the denial will be provided to you. If you wish to ask a question about our collection, use, storage or disposal of your personal information, or access to your personal information, or to make a complaint, please contact us.