Set out below are basic rules that govern all of our retainer agreements with clients, unless otherwise specifically agreed to in writing.

See also our Billing Policy: Client Memorandum for more information about billing.

1. RETAINER AGREEMENT AND FORMATION

1.    Hodder, Wang is not retained unless we have obtained a written retainer agreement or a letter from us confirming the retainer.

2.    Where there is a written retainer agreement which conflicts with this firm policy, the written retainer agreement governs.

3.    As a condition of accepting or continuing a retainer, the Firm is required to comply with client identification and, where applicable, client verification requirements imposed by the Law Society of Ontario. The client agrees to provide, upon request and in a timely manner, such information and documentation as the Firm may reasonably require to satisfy these obligations.

For individual clients, this may include government-issued identification and related information. For corporate or other organizational clients, this may include information and documentation relating to the entity’s legal existence, ownership, control, and authorized signing authorities, as well as identification of directors, officers, shareholders, or beneficial owners where required.

The Firm reserves the right to decline to accept, suspend, or withdraw from a retainer if the required identification or verification information cannot be obtained or maintained in accordance with applicable professional obligations.

2. FEES AND BILLING

Please also review our Billing Policy for more information.

2.1 Hourly Rates and Fee Increases

1.    Our hourly rates are as posted on our website and in our retainer agreements.

2.    Our hourly rates may increase every calendar year.

3.    Except for such clients as may be exempt, all accounts for fees and disbursements are subject to HST.

2.2 Payment Terms and Methods

1.    Payment is due upon receipt of account unless otherwise agreed in writing. Accounts become overdue 30 days from the date of the account.

2.    We accept payment by cheque, bank draft, wire transfer, electronic funds transfer (e-transfer), and credit card. Service fees may apply to credit card payments.

3.    The client may authorize pre-authorized payment arrangements for monthly billing, subject to written agreement.

2.3 Interest and Late Payment

1.    We shall be entitled to charge interest on unpaid accounts in accordance with the Solicitors Act.

2.    If an account remains unpaid for a period of 30 days from its date, the Firm may, where permitted by applicable law, court rules, and the Rules of Professional Conduct, seek leave of the court or tribunal to withdraw as counsel of record. Any such withdrawal shall be subject to court approval and to the Firm’s ongoing professional obligations, including taking reasonable steps to avoid foreseeable prejudice to the client. Upon the Firm’s permitted withdrawal, the client shall be responsible for continuing the matter in person or retaining new legal representation.

3.    If for whatever reason it is necessary to seek a court order removing Hodder, Wang as solicitors of record in a matter, we are authorized to charge for all of our fees and disbursements incurred in so doing.

2.4 Account Objections

1.    If the client has any questions, concerns, or objections regarding an account for fees or disbursements, the client is requested to communicate them to the Firm in writing as soon as practicable and, in any event, within 30 days of the date of the account, so that the matter may be reviewed and addressed promptly..

2.5 Payment from Trust Funds or Proceeds

1.    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.

2.6 Solicitor’s Lien

1.     To the extent permitted by law and the Rules of Professional Conduct, the Firm may assert a solicitor’s lien over client property or funds in its possession for unpaid fees and disbursements, subject always to applicable professional obligations. 

3. TRUST ACCOUNT POLICIES

1.    As a matter of firm policy, funds deposited into our trust account will not be disbursed until they have fully cleared and any required verification has been completed. This policy is intended to protect clients and ensure compliance with our professional obligations

2.    Trust account transactions will be reported to clients electronically unless the client requests paper statements.

4. COMMUNICATIONS AND TECHNOLOGY

4.1 Email Communication

1.    The Firm will use the email addresses supplied by the client to communicate with the client, unless the client instructs us otherwise in writing. While the Firm takes reasonable steps to protect the confidentiality and security of electronic communications, the client acknowledges that email communications carry inherent risks of interception or unauthorized access beyond the Firm’s control.

2.    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 ensure that we acknowledge receipt of those instructions

3.    Clients are responsible for maintaining secure email accounts. We recommend the use of encrypted email for sensitive communications and can provide such services upon request

4.2 Electronic Communication Platforms

1.    The firm may communicate with clients through various electronic platforms including but not limited to: email, secure client portals, video conferencing (Zoom, Microsoft Teams, etc.), and text messaging via WeChat where appropriate.

2.    Video conferencing may be used for client meetings, examinations, mediations, and court appearances where permitted. Clients consent to such use unless they notify us otherwise in writing.

4.3 Electronic Signatures and Documents

1.    The firm accepts electronic signatures in accordance with Ontario's Electronic Commerce Act, 2000 and federal legislation. Clients may execute documents electronically using approved platforms unless original signatures are legally required.

2.    Documents may be shared via secure cloud storage platforms, client portals, or encrypted file transfer services. Clients acknowledge the risks associated with electronic transmission of documents.

4.4 Response Times

1.    The firm strives to respond to all client communications within one business day. However, response times may vary depending on the urgency of the matter, the complexity of the inquiry, and counsel availability. Urgent matters should be clearly marked as such.

2.    After-hours, weekend, and holiday communications may not receive immediate responses unless emergency procedures have been arranged.

4.5 Client Contact Information

1.    The client is responsible for notifying us in writing of any changes to current address, telephone number, email address, or other contact information. We are not responsible for failed communications due to outdated contact information.

5. PRIVACY, DATA PROTECTION AND CYBERSECURITY

5.1 Privacy and Confidentiality

1.    The firm is committed to protecting client privacy in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Law Society of Ontario's Rules of Professional Conduct. Our full privacy policy is available on our website at www.hwlawyers.ca.

2.    Client personal information is collected, used, and disclosed only for the purposes of providing legal services, billing, and related administrative purposes, or as required by law.

5.2 Data Storage and Security

1.    Client files and data are stored electronically using encrypted, secure servers located in Canada. Physical files are stored in secure, access-controlled premises.

2.    The firm uses industry-standard cybersecurity measures including firewalls, encryption, multi-factor authentication, and regular security audits. However, no system is completely secure, and clients acknowledge the inherent risks of electronic data storage and transmission.

3.    Clients are responsible for maintaining secure passwords and access credentials for any client portals or systems provided by the firm.

5.3 Third-Party Service Providers

1.    The firm may use third-party service providers for practice management software, cloud storage, document management, accounting, and other services necessary to provide legal services. All such providers are required to maintain appropriate confidentiality and security standards.

2.    By retaining our services, clients consent to the disclosure of their information to such third-party service providers as necessary for the provision of legal services.

5.4 Data Breach Notification

1.    In the event of a data breach that may compromise client information, the firm will notify affected clients as soon as reasonably possible and will take appropriate steps to mitigate any harm. Notification will include the nature of the breach, the information affected, and steps being taken to address the situation.

5.5 Client Rights Regarding Personal Information

1.    Clients have the right to access their personal information held by the firm, request corrections to inaccurate information, and request information about how their personal information has been used or disclosed, subject to legal and ethical restrictions.

6. FILE MANAGEMENT AND RETENTION

6.1 File Possession and Delivery

1.    Electronic files may be provided via secure download link, encrypted USB drive, client portal, or other secure electronic means as agreed with the client. Files will be provided in commonly accessible formats (PDF, DOCX, etc.) unless otherwise requested.

2.    Password-protected files will be provided with passwords communicated separately for security purposes.

6.2 File Retention and Destruction

1.    Client files will be retained by the Firm for a reasonable period following the conclusion of the matter, consistent with applicable law, Law Society of Ontario requirements, professional obligations, and the nature of the services provided. After the applicable retention period has expired, the Firm may destroy the client file without further notice, provided that reasonable efforts have been made to notify the client at their last known contact information prior to destruction.

2.    Electronic files are securely deleted using industry-standard data destruction methods. Physical files are shredded or otherwise securely destroyed.

7. CONFLICTS OF INTEREST

1.    The firm conducts conflicts of interest searches prior to accepting any retainer. Clients must disclose all parties and interests involved in their matter to enable proper conflict checking.

2.    If a conflict of interest arises during the course of a retainer, the firm will immediately notify all affected clients and comply with the Rules of Professional Conduct, which may require withdrawal from representation of one or more clients.

3.    In appropriate circumstances and with informed written consent from all affected parties, the firm may continue to act despite a potential conflict, provided such representation is permitted under the Rules of Professional Conduct.

8. SCOPE OF SERVICES AND LIMITATIONS

8.1 Defined Scope

1.    Our retainer is limited to the specific matter or matters outlined in our retainer agreement or retainer letter. Unless expressly agreed otherwise, we do not provide ongoing general legal advice outside the scope of the defined matter.

2.    The firm's primary practice areas include civil litigation, corporate law, real estate transactions, commercial transactions and related areas as outlined on our website. We do not practice criminal law, family law, or immigration law except as specifically noted for designated counsel.

8.2 Limitations of Advice

1.    Legal advice provided by the firm is specific to Ontario and Canadian federal law unless otherwise specified. Matters involving foreign jurisdictions may require consultation with local counsel.

2.    The firm does not provide investment advice, tax planning services (except as incidental to legal matters), accounting services, or financial planning advice. Clients should consult appropriate professionals for such services.

8.3 Team Representation

1.    Legal services may be provided by a team including lawyers, associates, paralegals, law clerks, and articling students. All team members work under the supervision of the responsible lawyer. Billing rates vary according to the experience and qualifications of the individual performing the work.

2.    The firm may delegate appropriate tasks to junior lawyers, paralegals, and support staff to provide efficient and cost-effective legal services. Clients will be advised of the composition of their legal team.

9. TERMINATION OF RETAINER

9.1 Client's Right to Terminate

1.    The client may terminate our retainer at any time by providing written notice. Upon termination, the client remains responsible for payment of all fees and disbursements incurred to the date of termination.

2.    Upon termination by the client, we will cooperate in the orderly transfer of the file to successor counsel or to the client, subject to payment of all outstanding accounts.

9.2 Firm's Right to Withdraw

1.    The firm may withdraw from representation in accordance with the Rules of Professional Conduct, including but not limited to: non-payment of accounts, loss of confidence, client dishonesty, conflicts of interest, or where continued representation would result in a breach of professional obligations.

2.    Where withdrawal requires court approval, the client acknowledges our right to seek such approval and agrees to cooperate in the process. The firm is entitled to charge for all fees and disbursements incurred in seeking such approval.

3.    Upon withdrawal, the firm will provide reasonable notice and assistance to minimize prejudice to the client, subject to professional obligations and court requirements.

10. INSURANCE AND LIABILITY

10.1 Professional Liability Insurance

1.    The firm maintains professional liability insurance (errors and omissions insurance) in accordance with Law Society of Ontario requirements. Information about our insurance coverage is available upon request.

11. ALTERNATIVE FEE ARRANGEMENTS

1.    In addition to hourly billing, the firm may offer alternative fee arrangements including contingency fees, flat fees, capped fees, and blended rates, subject to written agreement and compliance with the Rules of Professional Conduct.

2.    Contingency fee arrangements must be set out in a written agreement that complies with the Solicitors Act and is subject to court approval in accordance with applicable law.

3.    The availability and terms of alternative fee arrangements are determined on a case-by-case basis and must be agreed to in writing before work commences.

12. GENERAL PROVISIONS

12.1 Firm Identity

1.    Hodder, Wang is the business style name for Yan Wang Professional Corporation, which is a partner of Hodder, Wang LLP. References to "Hodder, Wang LLP" in this policy refer to the same legal entity.

12.2 Changes to Firm Policy

1.    The provisions of this Firm Policy may be changed from time to time. Updated policies will be posted on our website at www.hwlawyers.ca. Clients will be notified of material changes that affect existing retainers.

12.3 Entire Agreement

1.    This Firm Policy, together with any written retainer agreement and our Billing Policy, constitutes the entire agreement between the firm and the client regarding the terms of our engagement. Any modifications must be in writing and signed by both parties.

12.4 Severability

1.    If any provision of this Firm Policy is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.5 Website Terms of Use

1.    We disclaim all liability in respect to the use of our website. The 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 create a lawyer-client relationship.

For questions about this policy, please contact us at account@hwlawyers.ca