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The Annotated Retainer – The Contingency Fee Retainer Agreement

The Annotated Retainer – The Contingency Fee Retainer Agreement

By Richard Bogoroch and Tripta Chandler

April 29, 2009

1. What we are retained to do

J. Doe & Associates are being retained by the client to provide the following services, namely, to represent the client in respect to injuries, losses and damages resulting from a medical malpractice which occurred on or about the ____ day of _______, 20___.

Annotation: The Solicitors Act requires a description of the “basic type and nature of the matter” to which the agreement relates (s. 2.2.).

In representing the client’s interest in respect to the above-noted matter, J. Doe & Associates will be incurring a significant amount of time and out-of-pocket expenses for and on the client’s behalf. In retaining the services of J. Doe & Associates, the client has the option of retaining the solicitors other than by way of a contingency fee agreement, including retaining the solicitors by way of an hourly rate retainer. An hourly rate retainer is a retainer whereby the solicitors charge the client for each hour or a portion thereof that they work on the client’s file at a specified hourly rate. Hourly rates may vary among solicitors and the client can speak with other solicitors to compare rates. Notwithstanding that the client has been advised of the hourly rates of J. Doe & Associates and that hourly rates may vary among solicitors and notwithstanding that the client can speak with other solicitors to compare rates, the client has chosen to retain J. Doe & Associates by way of a contingency fee agreement. The client acknowledges and understands that all usual protections and controls on retainers between a solicitor and client, as defined by the Law Society of Upper Canada and the Common Law, apply to this contingency fee agreement.
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The Annotated Retainer – The Contingency Fee Retainer Agreement