("hereinafter referred to as the "Client")
MICHAEL NIREN PROFESSIONAL CORPORATION, Barrister & Solicitor
1. The Client (s) hereby authorizes, retains and employs Michael Niren Professional Corporation ("MHNPC") as legal counsel to act on his/her behalf with respect to:
Temporary Resident Permit or in the alternative a Canadian Border Entry Matter.
CLIENT HAS ALSO AGREED TO FOLLOWING TERMS AND CONDITIONS:
2. The Client authorizes counsel to take such action with regard to the Application as he/she may deem advisable and as the Client (s) may instruct either orally or in writing.
3. Counsel hereby agrees to use his/her best efforts in preparing and assisting the Client (s) in the representation of the Application to CIC/CIS.
4. Payment Terms:
The Client (s) hereby agrees to pay counsel a legal fee USD $891.00
Client hereby agrees to pay a deposit in the amount of USD $297.00
Balance of USD $594.00
IN 2 monthly installments of USD $297.00 or in full or before submission of application whichever comes first.
5. This legal fee does not include any applicable government application fee, fees for document translation, attendance to interviews, extra hearings, appeals, applications for judicial reviews, fees for medical, criminal, security or other inadmissibility cases, where applicable.
5a) Should Counsel determine that this matter involves a higher level of complexity requiring additional legal services beyond the standard legal work and time involved in TRP applications, Counsel reserves the right to charge additional fees to the Client(s).
5c). The Client acknowledges that it was introduced to the firm by VisaPlace but is retaining the services of Niren and Associates (Michael H. Niren Professional Corporation) and therefore absolves VisaPlace of any liability or claims associated with this matter. VisaPlace is a referral source only.
6. Client(s) agrees that there is no refund of legal fees for work performed. However any refund dispute will be addressed on a case by case basis where appropriate . As this matter is billed on a flat fee basis for clarity of billing, the Client agrees that the fees paid to counsel are not refundable for withdraw of the case by the Client at any time for work completed as per our refund policy. The Client (s) agrees that where legal fees are paid by credit card, any refund requests are to be addressed directly with counsel first rather than with the credit card company in order to effectively resolve concerns. If payment is made by any person other than the cardholder and the signature on the credit card receipt is from someone other than the Client (s), the Client (s) assumes full responsibility for any charge disputes with the cardholder. Where legal fees are paid by cheque, cash or wire transfer or other means than by credit card, the stated refund policy applies.
6(a). Any matters that are suspended or terminated at the client's request for any reason at any point after a file is opened, will be billed based on an hourly rate for work completed to that point. In such cases, the hourly rate will supersede the flat fee quoted in this agreement. The hourly rate will be payable according to the following schedule: Partner - $600/hour, Senior Lawyer - $450/hour and Associate lawyer - $350/hour, Licensed Paralegal - $150/hour. Additionally, applications suspended or terminated are subject to a $250 file opening fee which covers the disbursements that will be itemized in your bill.
6(b). The outcome of this application is not guaranteed. The Client also understands that he/she may be subject to removal, bar and/or deportation for false or misleading statements made by the client to immigration authorities upon making application for entry and assumes complete responsibility for such statements and any such consequences that may arise of making such statements.
7. The Client (s) agrees that no responsibility will be assumed by counsel and no work will be done until this document is executed.
8. All fees are due immediately upon receipt of invoice for same, and the MHNPC reserves the right to charge interest as per regulations on overdue accounts and to suspend further work.
9. The Client (s) hereby agrees to inform counsel of any communication (i.e. calls, emails, letters etc.) received from CIC/CIS and to provide counsel with notice of any change in information relating to the Application (i.e. change of address, employment, marital status, criminal charges and convictions, etc.)
10. The Client (s) understands that processing times for the Application may vary depending on CIC/CIS backlogs, priorities and amendments in immigration rules and regulations The Client (s) understands that counsel has no control over fluctuating time frames. Stated visa or immigration category in this agreement may be subject to quotas and other restrictions imposed by the government that may come into effect in the future. Client agrees that counsel is not responsible for such quotas or restrictions. In the event the stated category is closed off or otherwise restricted impacting the application, counsel endeavours to explore other applicable options which, depending on the option, may result in additional cost.
11. The Client (s) hereby agrees to provide all documentation and information that may be necessary to the processing of the Application. The Client (s) understands that counsel will require specific documents in support of the above mentioned application in Canada. The Client (s) acknowledges that such documents are necessary for the proper handling of above mentioned application in Canada and recognizes that it is the Client (s) responsibility to provide such documents with English translation in a timely manner. Failure to provide adequate and complete documents and failure to provide them in a timely manner could result in the refusal of the above mentioned application in Canada.
12. The client (s) and client's employer acknowledges that they assume sole responsibility for their compliance with the terms and conditions with respect to the employment of the temporary foreign worker(s) related to this agreement as per the Temporary Foreign Worker Compliance Regulations.
13. The client (s) acknowledges and assumes sole responsibility to inform and update counsel about any change of address and contact information. Counsel will only forward correspondence and original document to the most recent address on file.
14. The client (s) agrees that when the legal services listed on this retainer agreement is concluded, counsel will close the file and store it in a secure offsite storage unit as per the Law Society of Upper Canada Rules and Regulations. If counsel is not able to reach the client (s) for an extended period of time, with notice, Counsel will not act on the matter without instructions and will cease representation.
15. The Client understands that only immigration legal advice is being rendered and any financial or business advice associated with this application should be sought out by the Client independently.
16. The Client (s) agrees that counsel will not be held responsible for any changes in the Immigration law, regulations or policy that would negatively affect the Application. Counsel will also not be held responsible for any refusal that arises as a result the Client's misrepresentation, failure to disclose information, failure to score as predicted on English/French language testing, criminal record or health problems and employer non-compliance with procedures and qualifications with respect to an Application. The Client (s) agrees that he/she must be truthful and accurate in the information he/she provides and that any inaccuracies may seriously affect the approval of the application or the retention of any status the Client (s) may obtain.
17. Client(s) understands that Counsel will provide legal advice and representation pertaining to Canadian law only. And any aspect of the matter subject to this agreement that may pertain to laws outside of Canada, specifically the United States, will be dealt with by a US licensed lawyer.
18. The Client(s) acknowledge and understand that legal services performed may be by lawyers located outside their own jurisdiction or place of residence despite having initially contacted counsel from local sources including but not limited to internet, referrals, or print media.
19. The Client (s) understands that subject to any legal requirement to disclose information, all communications with counsel will be kept strictly confidential. The Client (s) agrees that counsel may disclose information regarding the Application to his associates and/or staff as may be reasonably necessary. These associates and/or staff will be bound by the same duties of confidentiality.
20. The Client (s) understands that at the discretion of counsel, another lawyer or legal representative working in association with counsel may be appointed to handle elements of the Application. Legal assistants may also be involved but are always acting under the direct supervision of your representative.Where applicable, this agreement supersedes any previous agreement made either orally or verbally and will be binding upon the client upon executing this contract.
21. Client understands that his/her personal information will be shared with government officials as they pertain to the application. Counsel cannot be held responsible for the manner in which such officials store, disseminate or share this information with other parties.
The Retainer and Fee Agreement shall be governed by the law of the Province of Ontario.
Client has read this Agreement, has received a copy of it, and agrees to all terms and conditions as stated. There are no verbal agreements between Client, Lawyer or Firm modifying, amending or expanding the terms of this Agreement.