Professionals Terms of Participation

WHEREAS JusticeNet is a Federal not-for-profit corporation with its seat in Thornhill, Ontario (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, paralegals and licensed mediators (hereafter "Service Providers") 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 Service Providers with members of the public.

WHEREAS the Program's scope is limited to establishing the conditions for reducing the fee component of any fee agreements, including client qualification and a reduction of the Service Provider's regular fee(s) for qualified clients. All other components of the agreement between a client and the Service Provider fall outside of the scope of the Program. The JusticeNet Program is not a matching or referral service for commission, does not practise law, does not provide legal services or legal advice, and does not supervise, direct or control the professional services of any Service Provider.

WHEREAS lawyers, paralegals or mediators 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 Service Provider.

NOW THEREFORE, by registering with the JusticeNet Program, paying the subscription fee, or otherwise indicating My acceptance, I agree to be bound by the following terms (the "Agreement").

Reduction of Standard Fees

Service Providers wishing to participate in the Program (hereafter "I", "Me" or "My") understand that fees charged to clients are based on the application of a JusticeNet fee schedule appropriate to My profession (the "Reduced Fee Schedule"). The Reduced Fee Schedule is a sliding scale of hourly rates or discounts, adjusted according to the client's personal net income and family household size. Reduced Fee Schedules for each profession are posted on the JusticeNet website and are subject to change without notice. Any change to the Reduced Fee Schedule applies to matters accepted after the date of the change and does not alter the rate agreed with a client for a matter already accepted under the Program.

Senior lawyers, with a minimum of 10 years in private practice, may alternatively choose to offer qualified JusticeNet referrals a flat rate discount of 40% off their standard hourly rate, offered in their private practice ("Senior Lawyer Discount").

I acknowledge that I have reviewed the Reduced Fee Schedule and that, subject to My time constraints and professional discretion, I agree to offer My services to JusticeNet referrals at reduced rates in accordance with either the Reduced Fee Schedule or the Senior Lawyer Discount (subject to My qualification as a senior lawyer).

I understand that the "standard hourly rate" against which any reduction is measured must be the rate I actually and regularly charge clients outside the Program for comparable services, and that I will not inflate My standard rate for the purpose of reducing the effect of the Reduced Fee Schedule or Senior Lawyer Discount.

I understand that the Reduced Fee Schedule and Senior Lawyer Discount apply to My professional fees only. Disbursements, court and filing fees, third-party costs and applicable taxes may be charged to the client at cost, provided they are disclosed in the retainer agreement.

No Guarantee of Referrals; No Fee Sharing

I understand that JusticeNet does not guarantee that I will receive any particular number of enquiries, referrals or retainers through the Directory or call centre, and that My subscription fee is paid for inclusion in the Program and Directory and not for any volume of work.

I understand that I am under no obligation to accept any particular applicant as a client, and that I will apply My usual conflict-of-interest checks and professional judgement before accepting any retainer. I will decline or refer elsewhere any matter that falls outside My competence.

I acknowledge that no portion of any fee I charge a client is payable to JusticeNet, and that JusticeNet does not pay Me for accepting clients. Nothing in this Agreement constitutes a referral fee, fee-splitting arrangement or partnership between Me and JusticeNet.

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 personal net income by reviewing financial information. JusticeNet will not screen applicants and makes no representation as to the accuracy of any information provided by an applicant, whether directly or through the JusticeNet call centre.

I acknowledge that applicants will generally qualify for reduced fees in accordance with the Reduced Fee Schedule or Senior Lawyer Discount where:

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

b) their personal net income from all sources is under $90,000, or such other threshold as JusticeNet may post on its website from time to time.

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 Reduced Fee Schedule or Senior Lawyer Discount where I determine that the applicant has valuable assets which may be liquidated or utilized as security to pay standard fees for service.

I will treat any financial information provided by an applicant as confidential, use it solely for the purpose of determining eligibility under the Program, and retain or destroy it in accordance with My professional obligations and applicable privacy legislation.

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

a) require the client to execute an amended retainer agreement requiring the payment of increased fees for all future 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. Whether or not I use the recommended form, I will ensure that every retainer agreement with a client accepted under the Program clearly discloses in writing My standard rate, the reduced rate or discount applied, and the basis on which the client qualified.

Any retainer agreements completed as part of a matter accepted under the Program are considered confidential and part of the solicitor-client relationship if I am a lawyer or a binding fee agreement if I am a paralegal or a mediator. 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 Reduced Fee Schedule or Senior Lawyer Discount 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 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 Reduced Fee Schedule or Senior Lawyer Discount. I will advise the client in writing before performing any services that will not be billed at the reduced rate.

I will not use the Program as a means of attracting clients and then offering services only at My standard rate. Where a JusticeNet referral qualifies under the Program and I choose to accept the matter, I will accept it at the reduced rate.

Client Care

I understand that My participation in the JusticeNet Program is restricted and exclusive to My own professional practice and cannot be shared with, delegated or transferred to any colleague or other professional within or outside of My firm or professional practice. Moreover, although I may draw upon the services of legal assistants, articling students (or students in training) or apprentices to assist in the performance of My 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.

I will treat all applicants and clients with courtesy and without discrimination on any ground prohibited by applicable human rights legislation.

I understand that JusticeNet may receive complaints or feedback from members of the public concerning My conduct under the Program. JusticeNet may forward such complaints to Me and may take them into account in deciding whether to continue My participation. Nothing in this Agreement limits any client's right to complain to My professional governing body, and JusticeNet does not adjudicate professional complaints.

Qualifications

By registering with the JusticeNet Program, I declare that I am currently licensed to practise within the area of My jurisdiction by My professional governing body(s), that My licence is in good standing, and that I am not currently the subject of any professional disciplinary action, undertaking, restriction or suspension. Moreover I declare that I will notify JusticeNet in writing within ten (10) business days if I become disqualified to practise for any reason, if My licence is suspended, restricted or made subject to conditions, or if I become the subject of any disciplinary proceeding, and that I will cease to provide any services under the Program in the event of My professional disqualification or any disciplinary actions.

I understand that I must maintain professional liability insurance for My practice in the amount and form required by My professional governing body, and that I will provide proof of such insurance and of My licensing status to JusticeNet on request. I authorize JusticeNet to verify My licensing and disciplinary status with My professional governing body at any time.

Directory Profile and Accuracy of Information

I represent that all information I provide to JusticeNet, including in My Directory profile, is true and accurate to the best of My knowledge. I will take reasonable steps to update My profile promptly when My contact details, areas of practice, jurisdiction, languages, fee status or availability change.

I grant JusticeNet a non-exclusive, royalty-free licence to publish, reproduce and display the information and any photograph or logo I submit for My profile in the Directory, on the JusticeNet website, and in materials promoting the Program. JusticeNet may edit My profile for length, format or consistency, and may remove any content it considers inaccurate, misleading or inappropriate.

I will not include in My profile any content that is false, misleading, defamatory, or that contravenes the advertising and marketing rules of My professional governing body. I remain solely responsible for ensuring that My profile complies with those rules.

Use of the JusticeNet Name and Logo

I may identify Myself as a participant in the JusticeNet Program on My website and marketing materials for so long as My participation continues. I will not represent that JusticeNet endorses, certifies or guarantees the quality of My services, and I will not use the JusticeNet name or logo in any manner that is misleading or that suggests a relationship beyond participation in the Program. I will cease all use of the JusticeNet name and logo immediately upon termination of My participation.

Confidentiality and Privacy

I will collect, use and disclose personal information received through the Program only for the purpose of assessing and providing services to the applicant, and in accordance with the Personal Information Protection and Electronic Documents Act (Canada), any applicable provincial privacy legislation, the JusticeNet Privacy Policy, and My professional obligations. I will not use contact information obtained through the Directory or call centre for unsolicited marketing or for any purpose unrelated to the applicant's enquiry.

I will keep confidential any non-public information about JusticeNet, its operations or other Service Providers that I receive in connection with the Program.

Program Information and Reporting

I understand that JusticeNet may, from time to time, ask Me to confirm that I continue to meet the requirements of the Program and to provide general, non-identifying information (such as the number of Program clients accepted in a given period) for the purpose of evaluating and improving the Program. JusticeNet will not request any information that is subject to solicitor-client privilege or that would identify a client without the client's consent.

Subscription Fees

I agree to pay the annual subscription fee for My profession as posted on the JusticeNet website, plus applicable taxes. Subscription fees may be changed by JusticeNet on notice posted on its website, with any change taking effect at My next renewal. My subscription will renew for successive one-year terms upon payment of the then-current fee, and My Directory profile may be suspended if payment is not received by the renewal date.

Termination

I agree that JusticeNet may, in its sole discretion, suspend or delete My profile from the Directory and cancel My subscription on the JusticeNet Roster at any time without reason, notice, cost or liability. I understand that I may cancel My subscription on the JusticeNet Roster at any time by written notice to JusticeNet, and that I may claim a refund of My yearly subscription fee within seven (7) days of payment in the event of a cancellation of My subscription, subject to a 20% administration fee. No refunds will be provided after seven (7) days of payment, and no pro-rated refund is payable on termination by JusticeNet for breach of this Agreement.

Upon termination of My participation for any reason, I will continue to honour the reduced rate agreed with any client already accepted under the Program for the duration of that client's matter, in accordance with the retainer agreement and My professional obligations. I will cease to hold Myself out as a participant in the Program.

The sections of this Agreement entitled Retainer Agreement, Confidentiality and Privacy, Use of the JusticeNet Name and Logo, Indemnification, Limitation of Liability, Remedies for Violations and Governing Law and Dispute Resolution survive termination.

Independent Professional

I acknowledge that I participate in the Program as an independent professional and not as an employee, agent, partner or joint venturer of JusticeNet. I have no authority to bind JusticeNet, and JusticeNet has no authority to bind Me. The solicitor-client or professional relationship for any matter is between Me and the client alone, and I am solely responsible for the services I provide.

Disclaimer and Limitation of Liability

I understand that the Directory, call centre and JusticeNet website are provided on an "as is" and "as available" basis, and that JusticeNet makes no warranty, express or implied, as to their availability, accuracy or fitness for any purpose, or as to the suitability, honesty or creditworthiness of any applicant.

To the maximum extent permitted by law, JusticeNet, its officers, directors, employees, volunteers, agents, licensors and suppliers shall not be liable to Me for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, business or opportunity, arising out of or in connection with this Agreement or My participation in the Program, however caused. In any event, the total liability of JusticeNet to Me under this Agreement shall not exceed the subscription fee paid by Me for the then-current subscription year.

Indemnification

I agree to indemnify, defend and hold JusticeNet, its officers, directors, employees, volunteers, agents, licensors and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from or arising out of: (a) any violation of this Agreement by Me; (b) any services I provide, or fail to provide, to any applicant or client, including any claim of professional negligence; (c) any inaccuracy in My profile or in the information I provide to JusticeNet; or (d) any breach by Me of applicable law or of the rules of My professional governing body.

Remedies for Violations

JusticeNet reserves the right to seek all remedies available at law and in equity for any violation of this Agreement, including injunctive relief to prevent unauthorized use of the JusticeNet name, logo or Directory.

Governing Law and Dispute Resolution

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with this Agreement that cannot be resolved through good-faith discussion shall be submitted to the exclusive jurisdiction of the courts of Ontario, and I attorn to that jurisdiction.

Notices

Notices to JusticeNet under this Agreement shall be sent to the contact address posted on the JusticeNet website. Notices to Me may be sent to the e-mail address associated with My Directory profile and shall be deemed received on the business day after sending. I am responsible for keeping that address current.

Entire Agreement

This Agreement incorporates by reference the Website Terms of Use (which may be reviewed here) and Privacy Policy (which may be reviewed here). In the event of a conflict between this Agreement and the Website Terms of Use, this Agreement governs with respect to My participation in the Program.

This Agreement constitutes the entire agreement with respect to My participation in the JusticeNet Program and supersedes any prior agreement or understanding. 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. No failure or delay by JusticeNet in exercising any right under this Agreement operates as a waiver of that right. I may not assign this Agreement or My participation in the Program to any other person.

Modifications

I agree that JusticeNet may change the terms of this Agreement and My participation in the Program from time to time. JusticeNet will post the revised terms on its website with an updated version date and will make reasonable efforts to notify Me by e-mail of any material change. 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 after a change is posted will constitute My consent to such amendments. If I do not agree to a change, My sole remedy is to cancel My subscription in accordance with the Termination section.

Electronic Acceptance

I agree that My acceptance of this Agreement by clicking to accept, by paying the subscription fee, or by continuing My participation in the Program has the same legal effect as a signature, and that an electronic copy of this Agreement is admissible as evidence of its terms.