Standard Terms of Engagement for our Legal Representation

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Guarantees

We will do our best to serve you efficiently and will act diligently in the pursuit of the best possible outcome for you. You understand that it is impossible to predict any particular outcome or guarantee or promise any particular result. The outcome of any matter is subject to inherent risks and other factors beyond our control. Therefore, you confirm that no such prediction or guarantee has been made to you and understand that no such prediction or guarantee will be made during the course of this matter. 

Who is our client

Our client is the person on behalf of whom we are providing services, the person who retains us. Our duty of loyalty and confidentiality extends to our client only, regardless of who referred us to that person, called us on their behalf initially or is paying the legal fees for our services. No information can be provided to third parties, even those covering the legal fees for the client, unless we have written permission from our client.

Capacity 

We verify the capacity of every client. However, we are not medically trained to make such determinations and therefore if we have any doubt, no matter how slight, we will require a doctor’s letter attesting to the client’s capacity in order to proceed with providing services to the client. 

Representing Multiple Parties 

If we are jointly representing more than one party in a matter, we will not keep information confidential as between any of the parties we act for. There is no entitlement to confidentiality or solicitor-client privilege as between the parties. We owe a duty to keep each client adequately informed, so any relevant information revealed by one joint client will be discussed with all joint clients. However, such information will remain protected from third parties. If one joint client asks us to withhold material information from another joint client, we may have to withdraw as counsel for one or more of the joint clients. All clients should understand that if any client reveals information to a third party, protections of privilege and confidentiality may be lost for all. 

There is a possibility that the common interests between joint clients may diverge. In the event that clients have conflicting or potentially conflicting interests with each other over the course of their engagement, we will ask them to attempt to resolve differences among themselves, without our assistance. 

If an unresolvable conflict does arise, we may have to stop representing one or more of the joint clients. If the differences are serious enough, our ethical obligations may require us to withdraw from the matter completely. Information communicated during the course of representation will not be privileged or confidential in any subsequent proceedings to resolve the dispute. 

Verification of Identity 

In accordance with the Law Society of New Brunswick, we must verify your identity for all matters we represent you on. In order to verify your identity, we will require you to provide us with two different unexpired pieces of ID, front and back, from the following list of identification (one of which must have a photo): driver’s license (photo), passport (photo), firearms card (photo), status card (photo), social insurance card, birth certificate and major credit card (except for real estate matters). Please note that except in certain exceptional circumstances, we do not accept a health card as a valid form of identification.

Acceptance of Accounts

Any account will be deemed to be affirmed and accepted by you unless you object in writing within TEN (10) days of the date of the statement. Failure to give notice of any such objection within TEN (10) days constitutes a waiver of objection and the fees will be deemed due and owing. 

Interest and Fees

Payment of all unpaid accounts are due in full within TEN (10) days of the account date. Any overdue amount is subject to interest at the rate. Any account overdue by 60 days or more will be subject to an administrative fee of $250 per month. 

Any non-sufficient funds cheque will be subject to a $100 administrative fee. 

Enforcement

 If full payment on any statement of account is not received within TEN (10) days of the date of the statement, we may elect to enforce the obligation through legal proceedings. You agree to pay any and all fees and costs incurred in the collection and enforcement of any overdue account including, but not limited to, legal fees on a full indemnity basis and we will be entitled to such costs regardless of our providing legal services ourselves. If there are any outstanding fees or expenses upon termination of your Letter of Engagement, we will retain a lien on your files to the extent it is permitted by law until all amounts due are paid.  

Written Communication

It is important for us to maintain open communication with each other throughout your engagement. We will regularly keep you informed of the status of the matter and will promptly notify you of any major developments. We will consult with you whenever appropriate.

Unless you specifically direct us otherwise, we may use cell phones, email, and facsimile transmissions over the course of this engagement. Such communications may not be encrypted and therefore the use of such forms of communication may place confidential or privileged information at risk. This risk is especially high with social media platforms (Facebook, WhatsApp, etc.) and therefore we will only use such platforms if you initiate or request such methods of communication. You expressly consent to our use of these forms of communication unless you advise us otherwise. 

Virtual Meetings

In the event that you request or agree to a meeting with us through audiovisual communication technology such as Teams, Zoom, Skype, FaceTime, or other similar video chat software, you acknowledge that virtual meetings conducted over such software may include confidential or privileged information. We cannot guarantee the security of such software and notwithstanding this advice, you hereby acknowledge and accept the risks associated with communicating by such electronic means and authorize us to communicate in this manner. 

Such virtual meetings may be recorded and you are agreeing to being recorded by agreeing to attend such virtual meetings.

You further acknowledge that any documents you sign during the virtual meeting and deliver to us shall be deemed to be originally signed documents, even if delivered by fax, email or other electronic means. The delivery of an executed copy of this document by email or other electronic means is legally binding on you and shall be deemed to be an original of the document signed.

Cancellation Policy

Our goal is to provide quality service to all our clients in a timely manner. No-shows, late arrivals, and cancellations inconvenience not only our team, but our other clients as well. If a cancellation is necessary, we require that you do so at least 24 hours in advance. Appointments are in high demand, and your advanced notice will allow another client access to that appointment time. Cancellations with less than 24 hours’ notice are subject to additional fees at the standard hourly rate of the individual you are scheduled to meet.

Solicitor-Client Privilege

Generally, information we receive from you is subject to solicitor-client privilege. This means that it will be kept confidential and we will not divulge it to any third parties. Regardless, we may be under an independent ethical duty to reveal privileged information where: 

• disclosure is required due to imminent risk of death or serious bodily harm; or 
• we are required to disclose the information by law or court order. 

Also, you acknowledge and understand that privileged information will be shared among all the team members of Jurispduencia Law (who have all executed a thorough confidentiality agreement). Such information may also be disclosed as needed in your best interest in the provision of services to you.

Privacy

Our privacy policy may be found here: Privacy Policy

Termination of Letter of Engagement

Upon written notice to us, you may at any time terminate our services and representation under your Letter of Engagement. Subject to an obligation to give you reasonable notice to arrange for alternative representation, we also have the right to terminate the representation for good cause. Good cause includes, but is not limited to, your failure to honour the terms of the Letter of Engagement, a misrepresentation or failure on your part to disclose important facts, failure to cooperate with us in any reasonable request or follow our advice on a material matter, asking us to do something unethical or illegal, failure to pay any outstanding bill without making further arrangements for payment, or any other reason permitted by the Law Society’s ethical code. We would also have to withdraw our services if a conflict of interest arose that would make it unethical for us to continue to act for you in this matter. 

Outstanding Balance

In the event of termination, either by us or you, you remain obligated to pay all outstanding balances or an appropriate proportion of the set fee, as applicable, based on the amount of work performed up to the date on which our services are terminated, plus all out-of-pocket expenses that we paid on your behalf.  We will notify you about the termination by email or by mail at the last address that you provide us. Any unused deposit/prepaid fees and documents you have provided to us will be returned to you upon termination of your Letter of Engagement. 

Transfer to New Counsel

We will take such steps as are reasonably practicable to protect your interests in this matter and effect a transfer of responsibilities to new counsel. You agree to take all steps necessary to free us of any further obligation to you, including the execution of any documents necessary to perfect our withdrawal. If permission for withdrawal is required by a court or tribunal, we will promptly apply for such permission and you agree to engage successor counsel to represent you and consent to the application.