Set out below are terms that apply to all of Schible Law's retainer agreements with clients, unless otherwise specifically agreed to in writing.
Where there is a written retainer agreement with Schible Law that conflicts with the terms below, the written retainer agreement governs.
All retainer agreements with Schible Law, 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. 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.
The shareholders of privately held corporations are jointly and severally liable to pay all of Schible Law's accounts rendered for legal services to such corporations.
If an account remains unpaid for a period of 60 days from its date, Schible Law is permitted to serve and file a Notice of Intention to Act in Person on behalf of the client in any court proceeding in which we are lawyers of record for that client, and upon doing so Schible Law is 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.
The scope of work under Schible Law's retainer does not include appeals of adverse or final decisions. In the event that the client receives an adverse decision at the end of an application or at trial, or if the case is dismissed on a motion to dismiss for any reason, any timely appeal of that decision would have to be handled pursuant to a new retainer agreement to be negotiated with Schible Law at that time.
If for whatever reason it is necessary to seek a court order removing Schible Law as lawyers of record in a proceeding, Schible Law is authorized to charge for all fees and disbursements incurred in doing so.
If the client's file should lead to written reasons for decision being issued by the court, Schible Law has the right to publish those reasons on the firm web site. If the client wants any names deleted from Schible Law's publication of the court's decision, the client must notify Schible Law in writing.
Schible Law will use email addresses supplied by the client to communicate with the client, unless the client directs otherwise. Schible Law assumes no responsibility for emails to the client being improperly accessed by unauthorized persons.
Schible Law is entitled to be paid any and all amounts owing on firm accounts from either the proceeds of any litigation or from any amounts held in trust for the client, or both.
The hourly fees of Schible Law's lawyer(s) and law clerk(s) may increase at the beginning of even-numbered calendar years. For 2018, hourly fees are as follows, except as otherwise agreed with the client:
Lawyer Hourly Rate
Guillermo Schible $500.00
Legal Assistant Hourly Rate
Except for such clients and disbursements as may be exempt, Schible Law's accounts for fees and disbursements will charge HST.
Schible Law is entitled to charge interest on unpaid accounts in accordance with the Solicitors Act. Schible Law may charge notional interest on accounts where the charging of fees was deferred.
The client is responsible for notifying Schible Law in writing as to current address, telephone number and email address.
All funds deposited into Schible Law's trust account must remain there for a minimum of 10 business days before being paid out at the client's direction.
Schible Law is the business style name for Guillermo Schible Professional Corporation.
The provisions of this Firm Policy may be changed from time to time without notice; but substantial amendments, if any, will not have retroactive effect.