Lawyers Terms of Participation

Version date: November 1, 2010

WHEREAS JusticeNet is a Federal not-for-profit corporation with its seat in Toronto (hereafter “JusticeNet). Its primary mission is to help people in need of legal expertise, whose income is too high to access legal aid and too low to afford standard legal fees. It aims to achieve this mission through the JusticeNet Access to Justice Program (hereafter “The JusticeNet Program”, or simply “the Program”). The JusticeNet Program provides a framework for Canadian lawyers to offer their services to qualifying clients at reduced fees. The Program includes an on-line directory (the “Directory”) and a call centre, both of which are intended to connect participating lawyers with members of the public.

WHEREAS the Program’s scope is limited to establishing the conditions for reducing the fee component of the solicitor-client relationship, including client qualification and a percentage reduction of the lawyer’s regular fee(s) for qualified clients. All other components of the solicitor-client relationship fall outside of the scope of the Program. The JusticeNet Program is not a matching or referral service.

WHEREAS lawyers wishing to join the JusticeNet Program should do so with the primary intention of service to the public, and of assisting persons of limited financial means to gain better access to the justice system. An agreement to reduce fees is one concrete manifestation of this commitment, but must be viewed as a part of a general attitude and ethic of service on the part of the legal service provider.

Reduction of Standard Fees

Lawyers wishing to participate in the Program (hereafter "I", "Me" or "My") understand that JusticeNet's reduced fee schedules (the “Schedules”) comprise the "Private Rate Fee Schedule", and the "Standard Rate Fee Schedule". The "Private Rate Fee Schedule" is a sliding scale of percentage values which progressively reduces a lawyer's usual legal fees by 30% to 50% according to the client's net family income and the number of dependants. It may be applied to both hourly rates and fixed fees for specific services. The "Standard Rate Fee Schedule" is a sliding scale of fixed hourly rates, adjusted according to the client's net family income and the number of dependants. I may use one of these two Schedules when determining the reduced fee with which to charge a client under the Program. The Schedules are available here. They are subject to change without notice.

I acknowledge that I have reviewed the Schedules and that, subject to My time constraints and professional discretion, I agree to offer My services to qualified clients at reduced rates in accordance with one of the two Schedules.

Client Qualification

I understand that it is My responsibility to determine whether an applicant qualifies for the JusticeNet Program and, for this purpose, I may request copies of the applicant’s financial or tax records and otherwise assist the applicant in determining their net family income by reviewing financial information. JusticeNet will not screen applicants.

I acknowledge that applicants will generally qualify for reduced fees in accordance with the Schedules where:

a. they do not qualify for government funded legal assistance; and

b. their net family income from all sources is under $59,000.

To qualify for the JusticeNet Program, it is not necessary to consider the value of the applicant’s assets. However, I may request disclosure of the value of any such assets and may, in My sole discretion, decline to be retained in accordance with the Schedules where I determine that the applicant has valuable assets which may be liquidated or utilized as security to pay standard legal fees for service.

If I learn that an applicant deliberately or inadvertently misstated their net family income, I may:

a. require the client to execute an amended retainer agreement requiring the payment of increased legal fees for all future legal services related to the same matter; or

b. seek to terminate My services to the client, subject to My professional ethical obligations.

Retainer Agreement

I acknowledge that the JusticeNet Program recommends the use of a standard retainer agreement for all clients accepted under the Program which requires the honest disclosure of both My standard and reduced rates for the specified services as well as the applied percentage reduction.

Any retainer agreements completed as part of a matter accepted under the Program are considered confidential and part of the solicitor-client relationship. No completed copies of any such agreements are to be forwarded to the JusticeNet Program for review or storage.

Although My standard billing rates may increase from time to time in accordance with the terms of My own standard retainer agreement, it is expected that the same fee or percentage reduction specified by the Schedules will apply for the duration of any matter for which My services are retained by a qualified client under the Program.

If, after a matter has been accepted, the required scope of legal services is expanded outside the terms of the original retainer agreement, including any reduced fee agreement, I am not obliged to perform such additional services in accordance with the Schedules.

Client Care

Although I may draw upon the services of legal assistants, articling students and other service providers to perform legal services to clients accepted under the Program, I will be the professional primarily responsible for handling such matters and reporting to the client. In this regard, I will further ensure that such clients are served in a manner consistent with the care provided to My other clients accepted outside the Program.

Termination

I agree that JusticeNet may, in its sole discretion, suspend or delete My profile from the Directory at any time without reason, notice, cost or liability. My sole remedy will be to seek payment of the unused portion of My annual registration fee.

Indemnification

I agree to indemnify, defend and hold JusticeNet, its officers, directors, employees, agents, licensors and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by Me.

Remedies for Violations

JusticeNet reserves the right to seek all remedies available at law and in equity for any violation of this agreement.

Entire Agreement

This Agreement incorporates by reference the Web Site Terms of Use (which may be reviewed here) and Privacy Policy (which may be reviewed here).

This Agreement constitutes the entire agreement with respect to My participation in the JusticeNet Program. If any provision of this Agreement is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Modifications

I agree that JusticeNet may change the terms of this Agreement and My participation in the Program from time to time without notice, and that it shall be My responsibility to periodically review these terms for any changes. I understand and agree that My continued participation in the JusticeNet Program will constitute My consent to such amendments.

“Our justice system will be further strengthened with the introduction of the JusticeNet program, as it will serve to complement existing access to justice programs intended for people who do not qualify for legal aid.”

The Hon. Rob Nicholson, Minister of Justice and Attorney General of Canada

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