Retainer Agreement Template Ontario

RETAINER AGREEMENT FOR LEGAL SERVICES (ONTARIO)

Document Control

• Effective Date: [Date]
• Version: 1.0 (Ontario-Standard)
• Jurisdiction: Province of Ontario, Canada
• Scope: Professional Legal Services

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LEGAL NOTICE AND DISCLAIMER

This document is a template provided for informational purposes and does not constitute solicitor-client privilege until signed by both parties. This document is drafted in accordance with the Law Society of Ontario (LSO) requirements. Users are strongly advised to have this document reviewed by qualified counsel to ensure it meets the specific requirements of the intended practice area and individual professional insurance (LAWPRO) standards.

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1. PARTIES

This Retainer Agreement is entered into on [Date] between:

THE CLIENT: [Full Legal Name] [Address] [Email Address] (hereinafter the "Client")

THE LAWYER/FIRM: [Firm Name] [Address] [Email Address] (hereinafter the "Counsel")

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2. SCOPE OF SERVICES

Counsel is retained to provide legal services regarding: [Detailed Description of Matter/Project]. Any services outside this scope shall require a written amendment or a separate retainer agreement.

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3. RETAINER FEE AND BILLING

3.1 Initial Retainer: The Client shall pay to Counsel a retainer of [Amount in CAD] upon execution of this agreement. These funds will be held in a trust account in accordance with LSO By-Law 9. 3.2 Billing Rates: Counsel will bill at an hourly rate of [Amount per Hour] for [Role, e.g., Senior Partner/Associate]. 3.3 Disbursements: The Client is responsible for all reasonable out-of-pocket expenses (e.g., filing fees, courier, expert reports). 3.4 Taxes: All fees and disbursements are subject to Harmonized Sales Tax (HST) at the rate of 13%.

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4. TERMINATION

4.1 By Client: The Client may terminate this agreement at any time by providing written notice. 4.2 By Counsel: Counsel may withdraw from representation for just cause, including non-payment of fees or breakdown of the solicitor-client relationship, subject to the Rules of Professional Conduct. 4.3 Final Accounting: Upon termination, any unused portion of the retainer will be refunded to the Client after all outstanding fees and disbursements are satisfied.

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5. COMMUNICATION AND CONFLICTS

5.1 Communication: The parties agree to maintain communication via the email addresses provided in Section 1. 5.2 Conflicts of Interest: Counsel represents that they have conducted a conflicts search and are not currently aware of any conflict preventing the representation of the Client in this matter.

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6. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

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EXECUTION AND SIGNATURES

FOR THE CLIENT:

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[Signature] [Printed Name] Date: [Date]

FOR THE COUNSEL:

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[Signature] [Printed Name/Title] Date: [Date]

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STEP-BY-STEP EXECUTION GUIDE

1. Drafting: Fill in all bracketed fields. Ensure the "Scope of Services" is granular to prevent "scope creep."
2. Trust Account: Deposit the initial retainer into the firm’s pooled trust account (General Trust Account) immediately upon receipt. Do not move funds to the general operating account until fees are earned or disbursements are incurred.
3. Conflict Check: Perform a formal conflict check against all parties and adverse parties in the database before sending this document to the client.
4. Distribution: Send two copies to the Client. One copy must be signed and returned to Counsel; the second is for the Client’s records.
5. Retention: Store the signed agreement in the client’s physical or digital matter file. Per LSO requirements, retain client identification and verification documents alongside this agreement.
6. Enforcement: In the event of a fee dispute, refer to the Solicitors Act (Ontario) regarding the assessment of accounts. Use the "Termination" clause as the primary mechanism for ending the professional relationship legally and ethically.