CLIENT FACING
ADMINISTRATIVE POLICIES
Article I.
Lawyer Access – Appointments & Emergency
Section 1.01 Appointments.
We prioritize the convenience of our clients when scheduling appointments with their dedicated lawyers. To ensure a smooth and efficient process, clients are encouraged to contact our main office line at 1-437-293-8750 during regular business hours to coordinate and schedule appointments, or to email the law clerk or lawyer who is on their file to schedule a time to meet virtually or have a telephone call. Our team will facilitate the scheduling process, taking into consideration the availability of both the client and the respective lawyer. Additionally, clients may also request appointments via email at info@ritchiesmyth.com. We understand the importance of flexibility, and our commitment to client service extends to accommodating various communication preferences. Once an appointment is scheduled, clients can expect timely confirmation and any necessary details to facilitate a productive and seamless consultation with their lawyer. This approach reflects our dedication to providing accessible and client-centric legal services tailored to individual needs, in home or travel appointments.
Section 1.02 Virtual Appointments.
To enhance accessibility and convenience, we have implemented a policy supporting virtual appointments. Clients may opt for virtual meetings via secure video conferencing platforms, ensuring they can connect with their lawyers from the comfort of their own space. To schedule a virtual appointment, clients can contact their lawyer or law clerk on the matter or contact reception at info@ritchiesmyth.com. Our team will work to coordinate a virtual meeting at a mutually convenient time, providing clear instructions on accessing the virtual platform. This approach not only accommodates clients' diverse needs but also aligns with our commitment to delivering efficient and client-centric legal services in today's digital age.
Section 1.03 Virtual Confidentiality.
We prioritize the confidentiality and privacy of our clients. To underscore our commitment to security, we want to assure our clients that we do not store or record any virtual meetings conducted through our designated platforms. Recognizing the sensitivity of legal discussions, we have implemented stringent measures to protect the integrity of our clients’ information. Once a virtual meeting concludes, any data transmitted during the session is not retained or stored within our systems. Should a copy of recording be requested by client we This policy aligns with our dedication to maintaining the highest standards of confidentiality and ensuring that our clients can engage in virtual consultations with the utmost trust and confidence in the security of their legal matters.
Section 1.04 Emergency.
Our commitment to client care includes facilitating timely access to our lawyers during emergencies within regular business hours. Recognizing the urgency and sensitivity of legal matters, we have established a comprehensive policy to ensure clients facing pressing issues can promptly contact our lawyers. During business hours, clients are encouraged to contact our main office line at 1-437-293-8750 or via email info@ritchiesmyth.com and request to speak with a lawyer regarding their urgent matter. Additionally, we have implemented a streamlined communication protocol to expedite responses to emergency inquiries via email and other electronic means. Rest assured, our team is poised to provide immediate legal assistance, reaffirming our commitment to prioritizing the needs of our clients during unforeseen circumstances within the confines of our standard operating hours. We do our best to assist outside office hours in emergencies.
Article II.
Client Identification, Engagement Letters,
and Retainer Agreements
Section 2.01 Know Your Client.
Lawyers and paralegals are obligated to know their clients, understand their client’s financial dealings in relation to the retainer, and manage any risks arising from the professional business relationship. Subject to limited exceptions, lawyers are required to follow client identification and verification procedures whenever they are retained to provide legal services. To comply with our professional obligations, our lawyers are required to collect certain information from their clients to verify the identity of the client and the parties providing us with instructions with respect to their legal matters. This information may be requested by the lawyer or law clerk in charge of your file, our reception team, or through our secure online client verification software. If our firm cannot satisfy the requirements in respect of client identification, we will not be able to start or continue working on a client matter, until such time as identity can be confirmed.
Section 2.02 Client Identification.
In accordance with the professional requirements of the Law Society of Ontario, identification and verification of a client includes:
Identification: Obtaining basic identification information about the client and any third party that the client is acting for or representing.
Verification: Verifying the identity of the client or third party where the licensee is engaged in or giving instructions of the receipt, payment, or transfer of funds (a “financial transaction”). Additional steps are required when verifying the identity of minors and organizational clients.
Source of Funds: Obtaining source of funds information from the client or third party where there is a financial transaction.
Monitoring: Periodically monitoring the professional business relationship with the client when retained in respect of a financial transaction that is ongoing.
Record Keeping: Recording and retaining all information acquired during the identification and verification process.
Withdrawal: If at any point while retained, including while obtaining identification and verification information, withdrawing
from representation if:(i) the licensee knows or ought to know that they would be assisting in fraud or other illegal conduct or the client, or
(ii) the client or third-party refuses to provide the information required to comply with the identification, verification,
or source of funds requirements.
Section 2.03 Government-Issued Photo Identification Procedures – For Individuals.
Our preferred method of verifying client identification is through the physical inspection of government-issued photo identification by the lawyer, in the presence of client to ensure its authenticity, validity and currency. Such identification is required to be issued by a federal, provincial or territorial government, with some exceptions for foreign issued documentation. The document must indicate the client’s name, include a photo, have a unique identifying number, and match the name used by the client. Some examples of acceptable identification include driver’s license, identify card, passport, permanent residence card, and NEXUS card. We regret to inform clients that any health card bearing a photograph is not an acceptable form of identification, as privacy laws prohibit the use of the health card for identification verification purposes. As part of these procedures, we will also ask that clients provide a secondary piece of ID that bears the client’s name, such as a credit card, birth certificate, or SIN card. A photocopy or scan of the identification documents are taken and are stored in your physical or virtual file until such a time as the file is destroyed in accordance with our file retention procedures.
Section 2.04 Virtual Client Verification Procedures – For Individuals.
For those clients that choose to meet with our lawyers only virtually, we are required by our professional obligations to verify their identity using a third-party product that assesses identification documents and verifies identity through various steps. Currently, our firm uses the platform TreeFort, which requires clients to upload a photo of the front and back of their primary identification, upload a photo of their face, and enter their current address and phone number. The lawyer in charge of your file is then presented with a copy of the report from TreeFort to assess the validity of the ID provided. In some special circumstances, additional verification procedures, such as ordering a credit file report or confirmation that the individual has access to a deposit or credit account with a Canadian financial institution. More information about TreeFort can be accessed via their website at https://treeforttech.com/, or please reach out to our team for more information.
Section 2.05 Client Verification – For Organizations.
Clients who are Corporations, Not-For-Profits, Partnership, Trust, or Society, the lawyer handling your matter must gather information to confirm the existence of the entity prior to an engagement. This requires confirmation of the name, business address, names of authorized officers and directors, the entities registration number with a government authority, such as the Ontario Business Registry or Corporations Canada (or formation agreement, as applicable). This will typically involve the lawyer or a member of our team asking for a copy of the articles of incorporation, certificate of incorporation, corporate profile report, copy of trust agreement, copy of partnership agreement, and names and addresses of individuals authorized to instruct on behalf of the organization.
Section 2.06 Engagement Letters & Retainer Agreements.
Our professional obligations require that a formal engagement letter or retainer agreement be in writing when client matters are of limited scope, or on a contingency basis. In most circumstances, our firm will provide you with a retainer letter for your review, prior to beginning work on your file. The retainer letter will detail the scope of legal services that will be provided, an estimate of legal fees and disbursements that will be involved in the matter, an outline of communication frequency expectations, detail the lawyer in charge of your matter, and also outline the rights and obligations of both parties in respect of termination of the engagement or a withdrawal from representation. We encourage you to reach out to the lawyer or law clerk in charge of your matter if you have questions relating to any aspects of the retainer agreement presented to you.
Section 2.07 Joint Retainers.
We understand the importance of clear communication and transparency in legal matters. A joint retainer occurs when two or more clients collectively retain our legal services for a shared matter, such as when two spouses engage our firm to draft the wills of both spouses or purchase a property. In such situations, the interests of the clients are aligned, and they are jointly represented by our firm. While joint representation can offer efficiency and shared costs, it's crucial to note that in the event a conflict of interest arises between the jointly represented clients, we may be required to withdraw from representing all parties involved. Throughout the joint representation, no information shared by one party is confidential as between the parties on the joint retainer/engagement. We prioritize open communication and will discuss any potential conflicts or considerations related to joint retainers with our clients before formalizing the arrangement. Our goal is to ensure that each client is fully informed and comfortable with the joint representation structure, fostering a collaborative and transparent legal relationship. If you have any questions or concerns regarding joint retainers, please don't hesitate to discuss them with us, as we are committed to providing the highest level of service tailored to your specific needs.
Section 2.08 Conflicts of Interest.
We believe in maintaining the highest standards of integrity and ethical conduct in our legal practice. A conflict of interest may arise when our firm or one of our lawyers or paralegals is faced with a situation where competing interests, either personal or professional, may compromise our ability to provide unbiased and diligent representation. This could involve circumstances where the interests of one client conflict with the interests of another client, or where an attorney's personal or professional relationships create a potential conflict with a client's matter. Identifying and addressing conflicts of interest is crucial to safeguarding the trust and confidentiality that are fundamental to the attorney-client relationship. In the event that a conflict arises, we have established procedures to assess and manage conflicts ethically, including the possibility of declining representation to ensure the protection of our clients' interests. We are committed to transparency in these matters and will always communicate openly with our clients regarding any potential conflicts and the steps we take to address them. Your trust in our firm is of utmost importance, and we are dedicated to navigating these ethical considerations with the utmost professionalism and care.
Section 2.09 Non-Engagement.
We value transparency and want to ensure our clients are fully informed about the parameters of our retainer/engagement. Non-engagement with our firm typically refers to situations where formal legal representation has not been established. This may occur if, after an initial consultation, the prospective client decides not to retain our services, there is a conflict of interest, or if we determine that we are unable to take on the matter for any reason. In such cases, we do not undertake legal representation, and no attorney-client relationship is formed. It's important to note that during non-engagement, we do not provide legal advice, conduct legal research, or take any action on the prospective client's behalf. While we strive to assist clients to the best of our ability, non-engagement signifies that our professional relationship has not been formally established, and clients may need to seek legal counsel elsewhere for their specific needs. If you have any questions or concerns about the engagement process, please feel free to reach out to us for clarification.
Article III.
Legal Fees, Disbursements, and Retainers
Section 3.01 Legal Fees.
Our firm does not collect fees on a contingency basis. Our firm provides some legal services that will be charged on an hourly basis, divided into six-minute increments (1/10 of an hour). The hourly rate charged varies depending on the lawyer, paralegal, or law clerk providing the services. Please consult with the lawyer or law clerk on your matter should you require further clarity on the hourly rates of those individuals involved in work on your matter. In some circumstances, our firm provides legal services based on a flat rate, wherein a single fee is charged for a particular service (transaction-based fees), regardless of the amount of time spent on the matter. In some circumstances, legal services ancillary to the flat- fee legal service occurs outside the scope of the original flat-fee retainer. In these circumstances, the lawyer in charge of your matter will communicate to you in advance if additional services are going to be billed at a flat fee or based on hourly rates or a combination.
Section 3.02 Disbursements.
Disbursements refer to out-of-pocket expenses incurred on your behalf during your legal matter. These expenses may include filing fees, courier charges, expert witness fees, travel expenses, title insurance premiums, or any other necessary costs directly related to your matter. While legal fees cover our professional services, disbursements are separate and are billed in addition to our service fees. Our commitment to open communication means that you will be informed in advance of anticipated disbursements. We strive to manage costs efficiently and keep you informed every step of the way, ensuring that you have a clear understanding of the financial aspects associated with your legal representation. If you have any questions or concerns about disbursements, please do not hesitate to discuss them with our team.
Section 3.03 Fair and Reasonable Fees & Disbursements.
Lawyers and paralegals are permitted to charge clients for legal fees and disbursements provided the amount charged is fair, reasonable, and has been disclosed to the client in a timely manner. We are not permitted to profit from disbursements. What is fair and reasonable will depend on factors such as:
the time and effort required and spent on the matter
the difficulty of the matter
the importance of the matter to the client
whether special skill or service has been required and provided
the amount involved or the value of the subject matter
the results obtained for the client
fees authorized by statute or regulation
special circumstances, such as the loss of other retainers, postponement of payment, uncertainty of reward,
or urgency of the matterthe likelihood, if made known to the client, that acceptance of the retainer will result in the lawyer’s or paralegal’s
inability to accept other retainersany relevant agreement between the lawyer or paralegal and the client
the experience and ability of the lawyer or paralegal
any estimate or range of fees given by the lawyer or paralegal to the client; and the client’s prior consent to the fee.
None of these elements are capable of a precise arithmetic assessment and no such assessment is attempted, except in a general way, with respect to the time spent. A standard hourly rate, as set out below, is applied to convert the time into a monetary figure. Amounts that exceed or are less than the number of hours multiplied by the standard rates is the result of the weighing of the other elements mentioned.
As your matter progresses, we will confirm with you any revisions to our fees, especially if something unusual or unforeseen occurs that affects the fees payable.
If you are being jointly represented by our firm, all fees and disbursements will be divided equally between all the clients, unless each client and the firm consent in writing to a different arrangement. The agreed upon division of our fees will be outlined in the statement of account which will be provided to each client individually.
Section 3.04 Hourly Rates.
Standard hourly rates are charged for the work performed by the lawyers, paralegals, law clerks, or articling, summer, or paralegal students who will be assisting with the matter, and for the time spent on your matter. Records are kept (in our time-keeping system) by the firm to the nearest one tenth of an hour for all activity on your matter, including meetings, telephone calls, voicemail, e-mail, preparing correspondence and memoranda, drafting documents, research and travel time. Each hour billed is based on actual work completed for your matter.
Our absence from the office on your behalf is charged at the usual hourly rate. Travel time includes attending court, settlement conferences, meetings, or consultations on your behalf. We will minimize travel expenses and courthouse time, if any, wherever we are able. Charges for travel time are in addition to the legal services/legal representation fee.
Please reference your retainer agreement for hourly fees.
Where the lawyers and/or paralegals consult with one another on your file, you are billed for the time of the lawyers or paralegals involved. Consultation between lawyers/paralegals takes place to decide work assignments on larger matters, to delegate tasks, to determine strategy and to consult on legal issues.
Section 3.05 Annual increase in fees.
We have sometimes increased our hourly rates and our legal flat fee rates, to meet rising costs and to reflect our increased expertise. We reserve the right to make similar adjustments if circumstances should change. Unless you are advised otherwise, our fees will be increased annually by no more than 20%.
Section 3.06 Retainer Amount.
We require money retainers to begin and continue to serve you. The retainer is an amount paid to our firm in trust, for deposit to your credit, on the understanding that it will be used to satisfy our accounts for legal services and disbursements at the time accounts are delivered. The retainer is a source of payment for your accounts. You are expected to provide and replenish the retainer when requested, as it is spent, so that we continue to have enough money in trust to cover legal services completed and necessary next steps. Until you provide us with a retainer, or replenish it when it is exhausted, we are not able to work on your file.
The retainer is not a flat fee or an estimate of the cost of your work. You are responsible for the fees and disbursements not covered by the initial or replenished retainer. Of course, any unused portion of the retainer will be refunded to you at the end of our work for you.
The amount of the retainer should not be taken as an estimate of the cost of the completion of the work in your particular matter. At this point, before the issues are clarified, and before we know the degree of resistance, we cannot predict the amount of work to be done, nor the time needed to complete it.
If we are to start a corporate matter on your behalf, our usual retainer is $ 500.00 - $ 1,000.00; if we are to start a real estate matter on your behalf, our usual retainer is $ 500.00; depending on the urgency of the situation and the complexity of the matter. If your matter is already in progress, our retainer may be more, particularly if there is much to be done or the matter is urgent.
Section 3.07 Cost of Legal Services.
Clients usually want to know “what will this all cost?” That's a reasonable question however, it is not always possible to accurately estimate all costs in advance. Many important factors which influence the cost are unknown to us, and even outside our control, including:
the reaction and tactics of the other side
how many different issues there will be in your matter
how much time it will take to resolve all the issues
how complicated the matter is
new issues which may come up and whether we can settle this matter in a timely fashion.
In some cases, the legal issues change during the time we work for you. New issues may arise, and existing issues may become more complex. We see it as our job to close your file as quickly and economically as possible, consistent with protecting your interests. Despite these difficulties in predicting the amount of legal fees your matter may involve, we will attempt to give an estimate of the cost of legal services based on certain assumptions. You will be receiving a personalized estimate under a separate covering letter. However, understand that when the assumptions change, when new developments arise, the cost estimate may no longer be valid. We will remind you of this from time to time and correct our estimates as the matter unfolds.
Article IV.
Trust Monies
Section 4.01 What are Trust Monies?
We understand the importance of trust and transparency when it comes to handling our clients' financial matters. We take pride in our commitment to managing trust monies with the utmost diligence and accountability. Trust monies, include monies deposited to cover retainer fees to be used to cover future legal services, or monies advanced to our firm on your behalf as part of a transaction, such as a mortgage advance, or proceeds from a transaction. We believe it's crucial to provide our clients with a clear understanding of how we manage and account for these funds.
Section 4.02 Designated Account.
Upon receiving trust monies, we promptly deposit them into a designated trust account separate from our operating accounts. This trust account is subject to strict regulations and regular audits to ensure compliance with legal and ethical standards. We maintain detailed records of all trust transactions, and our clients can request a trust ledger at any time to review the status of their funds.
Section 4.03 Application to Legal Fees.
When legal services are rendered, we apply trust monies toward the corresponding fees and disbursements outlined in our engagement agreement. Our billing statements provide a transparent breakdown of how trust funds were utilized, offering our clients a comprehensive overview of the financial aspects of their case. Our commitment to transparency extends to seeking client approval before using trust monies for any significant expenses.
Section 4.04 Remaining Funds.
In the rare event that a portion of the trust monies remains unutilized at the conclusion of our representation, we promptly refund the balance to our clients. If you have any questions about how we manage trust funds or would like to discuss any financial aspects of your case, please do not hesitate to reach out. Your peace of mind is our priority.
Article V.
Accounts
Section 5.01 Billing Period.
You will be billed on the last day of each month or at the conclusion of your matter. We prepare interim accounts on a regular basis, for fees and disbursements. If your matter is very active, particularly if a transaction is currently active, you may get accounts from us on a more frequent basis. This is, in part, an effort to ensure that you have a good understanding of what the matter is costing you at all times. For most people, the cost of the matter will be an influencing factor in decision-making about the next step to take, and the kind of response to make to the other side; in our experience, it should be. The amount of fees on the interim accounts is usually based on time spent, but where appropriate, could include an additional charge based on the other elements referred to above.
Section 5.02 Due Date.
Accounts are due upon receipt unless otherwise noted on the account.
Section 5.03 Accounts sent by e-mail.
We send accounts by e-mail when possible. If we cannot send your accounts to you this way, please let us know.
Section 5.04 Payment methods.
We accept payment of fees and disbursements by debit or credit card, cheque, or via electronic payment (e-transfer), and you may consider that as an alternative in settling your outstanding accounts with us, or in providing or replenishing the retainer. We are limited by the Law Society of Ontario in the amount of cash we can accept.
Section 5.05 Payments by Third- Parties.
If third parties (such as family or friends) are financing your legal fees and disbursements, we ask that they provide the payment to you and that you replenish your retainer or pay an outstanding account directly. If a third-party will be making payment to us on your behalf, please let us know in advance so that we can make the necessary arrangements and clarify our relationship with them. Please note that we do not accept unexpected payments made by third parties.
Section 5.06 Interest on Lawyers Accounts.
The accounts are due to be paid when they are sent. If the account is not paid within one month after it has been sent, interest will be charged on the outstanding balance at the rate permitted in the Solicitors Act or as otherwise permitted by law and shown on the account, from the date of the account until the date of payment.
Section 5.07 Costs of Duplicate Materials.
We will keep you informed of all developments in your matter. We will forward electronic or paper copies of all relevant correspondence, pleadings, other court or tribunal documents, and reports to you. It is important that you keep this material and it is to your advantage to maintain it in an organized format. We suggest you keep the correspondence in one file, the pleadings and other court documents in another file, and the documents in chronological order. If you require additional paper or electronic copies of correspondence or pleadings, we can make them available to you at our usual rates for printing, photocopying, or scanning.
Section 5.08 Division of Fees.
In some cases, we may share or divide our fees with other lawyers or paralegals outside our firm who provide additional legal services on your file (this is called “fee splitting”). Fees will be split proportionate to the work done and the responsibilities assumed by each lawyer or paralegal. If this is necessary, we will inform you of the particulars and obtain your informed consent before proceeding.
Article VI.
How We Communicate File Updates
Section 6.01 Client Communication.
We understand that effective communication is crucial for our clients to stay informed and engaged throughout their legal journey. Our commitment to transparency and client satisfaction is reflected in our approach to communicating file updates. We strive to ensure that you are always well-informed about the progress of your case. As your case evolves, our team will proactively communicate updates through various channels, tailored to your preferences. Regular communication is fundamental to our client-centric approach, and we take the following measures to keep you in the loop:
Scheduled Updates: Depending on the nature and complexity of your case, we establish a communication schedule to provide regular updates. This could be weekly, bi-weekly, or at agreed-upon milestones to keep you informed about significant developments.
Email Updates: We understand the convenience of digital communication, and our team will frequently provide updates via email. These communications will include summaries of key events, upcoming milestones, and any actions required on your part.
Phone and Video Conferencing: For a more personalized touch, we are available for phone or video conferences to discuss updates, answer questions, and address any concerns you may have. This ensures a direct line of communication between you and your legal team.
Mail Correspondence: In situations where detailed documentation or formal communication is necessary, we may send updates via mail to ensure that you receive comprehensive information.
Emergency Notifications: In urgent situations or when time-sensitive decisions are required, we prioritize immediate communication to keep you informed and involved in critical decision-making processes.
We recognize that each client's preferences for communication may vary, and we are committed to accommodating your needs. If you have specific preferences or concerns regarding communication, please let us know, and we will tailor our approach accordingly. Our goal is to ensure that you feel supported and informed at every step of your legal journey. If you ever have questions or need clarification about any file updates, our team is here to provide the information and guidance you seek. Your trust and confidence are paramount to us, and we are dedicated to keeping you informed throughout our collaborative legal process.
Article VII.
Treatment of Our Staff
Section 7.01 Zero-Tolerance.
We believe that creating a positive and respectful workplace environment is not only essential for our team's well-being but is fundamental to providing exceptional legal services to our clients. We are proud to uphold a zero-tolerance policy when it comes to the poor treatment of our lawyers and staff. Our commitment to fostering a culture of inclusivity and respect extends to every member of our firm, and we take a strong stance against any behavior that undermines the well-being or dignity of our colleagues. This policy encompasses a range of principles.
Section 7.02 Mutual Respect.
We emphasize the importance of treating everyone within our firm with dignity and courtesy. Disparaging remarks, harassment, or discriminatory behavior will not be tolerated under any circumstances.
Section 7.03 Open Communication.
Our firm values open and honest communication. If any team member feels they have been treated unfairly or experienced inappropriate behavior, we have established confidential channels for reporting concerns. We encourage our staff to speak up, knowing that their concerns will be taken seriously and addressed promptly.
Section 7.04 Training and Awareness.
We invest in ongoing training programs to ensure that our team is educated on the principles of respectful and inclusive behavior. This includes awareness of unconscious bias, cultural sensitivity, and creating a workplace where everyone feels valued.
Section 7.05 Consequences for Violations.
Our zero-tolerance policy is reinforced by clear consequences for violations. Any behavior inconsistent with our commitment to a positive work environment will be thoroughly investigated, and appropriate actions will be taken to address and rectify the situation.
Section 7.06 Promoting Diversity and Inclusion.
We actively work towards creating a diverse and inclusive workplace. Embracing differences strengthens our team and allows us to better serve our clients. Discrimination or mistreatment based on factors such as race, gender, age, or any other protected characteristic is strictly prohibited.
By establishing and enforcing a zero-tolerance policy, we aim to create a workplace where everyone feels empowered, respected, and able to contribute their best work. We believe that a supportive team environment translates into better service for our clients, and we are committed to upholding these principles in all aspects of our firm. We recognize that our lawyers and staff are our most valuable assets, and by promoting a culture of respect, we are not only ensuring their well-being but also contributing to the success and longevity of our firm. We invite our clients to join us in upholding these values as we collectively work towards a legal community grounded in inclusivity and respect.
Article VIII.
File Retention
Section 8.01 Retention Policy.
We believe that a commitment to excellence extends beyond the duration of your legal matter. Our responsibility includes safeguarding and preserving your legal legacy through a meticulous and secure file retention policy. We understand the importance of transparency in this process and wish to share insights into how we handle the retention and disposal of client files.
Section 8.02 Retention Period.
Our firm adheres to the Law Society of Ontario's guidelines regarding the retention of client files. Generally, we retain closed client files for a minimum period of 10 years following the completion or closure of a matter. This retention period allows us to comply with legal and regulatory requirements, providing both you and our firm with a comprehensive record of our legal interactions.
Section 8.03 Storage and Security.
During the retention period, client files are stored in a secure and confidential manner, ensuring protection against unauthorized access, disclosure, alteration, or destruction. Our commitment to the highest standards of security extends to both physical and digital storage methods.
Section 8.04 Access to Files.
You have the right to request access to your file during the retention period. Should you need to obtain information or documents from your closed file, please contact our office, and we will make arrangements to provide you with the requested materials promptly.
Section 8.05 File Disposal.
At the end of the retention period, client files are securely and responsibly disposed of to protect your privacy and comply with relevant regulations. Paper files are securely shredded, and digital files are permanently deleted from our systems.
Section 8.06 Exceptions to Retention Period.
Certain circumstances may necessitate an extended retention period beyond the standard 10 years. These could include matters involving minors, real estate transactions, wills and POA’s or other scenarios where a longer retention period is required to serve our clients' best interests. (Will disposal can only occur when client is 100 years old.)
Section 8.07 Notification Prior to Disposal.
Before disposal, we make reasonable efforts to notify clients regarding the impending destruction of their files. This ensures that clients have the opportunity to retrieve any important documents or discuss the matter further with our legal team.
Our commitment to file retention reflects our dedication to maintaining the integrity of your legal records and respecting the confidentiality of our clients. We understand that your legal matters are a significant part of your life, and we take pride in preserving this legacy with the utmost care and professionalism. If you have any questions or concerns about our file retention policy, please do not hesitate to reach out to our office. We appreciate the trust you place in us and are committed to safeguarding your legal legacy throughout and beyond our engagement.
Article IX.
Privacy and Safeguarding Your Information
Section 9.01 Our Commitment to Privacy.
We understand the importance of safeguarding your privacy and protecting the confidentiality of your personal and legal information. This commitment to privacy is at the core of our values, and we want to assure our clients that their trust is of paramount importance to us.
Section 9.02 Collection and Use of Information.
When you engage with our firm, we collect only the necessary personal information required to provide legal services and fulfill our professional responsibilities. This may include details such as your name, contact information, financial information, and specific details related to your legal matter. We use this information solely for the purpose of providing legal advice, representation, and other related services.
Section 9.03 Security Measures.
Our firm employs state-of-the-art security measures to ensure the protection of your information. Our secure systems and protocols are designed to prevent unauthorized access, disclosure, alteration, and destruction of your data.
Section 9.04 Sharing Information.
We do not disclose your personal information to third parties without your explicit consent, except where required by law or for purposes directly related to the legal services we are providing. Our team is bound by strict confidentiality obligations, and we take every precaution to maintain the confidentiality of your information.
Section 9.05 Access and Accuracy.
You have the right to access, update, or correct your personal information held by our firm. If you have any concerns about the accuracy of your information or wish to access it, please contact our office, and we will promptly assist you.
Section 9.06 Legal and Ethical Obligations.
As legal professionals, we are governed by the rules and regulations outlined by the Law Society of Ontario. We adhere to these standards to ensure the confidentiality and protection of your information.
Section 9.07 Cookies and Website Usage.
Our website may use cookies to enhance your online experience. These cookies do not collect personally identifiable information and are used to improve the functionality and performance of our website. You can adjust your browser settings to manage cookie preferences.
Section 9.08 Changes to Privacy Policy.
In our commitment to continuous improvement, we may update our privacy policy from time to time. Any changes will be posted on our website, and we encourage you to review our privacy policy periodically.
Your trust is the foundation of our relationship, and we want you to feel confident that your privacy is a top priority at Ritchie Smyth Lawyers. If you have any questions or concerns about our privacy policy or how your information is handled, please do not hesitate to contact our office. We appreciate the privilege of serving you and are dedicated to maintaining the highest standards of privacy and confidentiality in all our interactions.
Article X.
Confidentiality, Privilege, and Ending
the Solicitor-Client Relationship
Section 10.01 Confidentiality.
As our client, you should be aware that everything you tell the lawyer involved with your matter will remain confidential. The confidentiality of communications between client and lawyer is necessary to ensure candid information is shared so that appropriate advice and legal representation is provided. Not only do lawyers have a professional duty to maintain their client’s confidence, the confidential communications are subject to solicitor-client privilege.
Section 10.02 Privilege.
Solicitor-client privilege is a cornerstone of the lawyer client relationship and has become a fundamental right in Canada. Privilege allows lawyers and clients to communicate freely and candidly, with the expectation that these communications will remain private. This helps to ensure we, as your lawyers, are fully informed and that you as our client have disclosed everything necessary in the furtherance of your legal objectives. Privilege belongs to you as the client and not to us as your lawyer. You reserve the right to waive privilege at any time.
Section 10.03 Confidentiality vs. Privilege.
The concepts of confidentiality and solicitor-client privilege are often confused. Confidentiality is a duty owed by us as lawyers to you as our clients. It includes all information concerning the business and affairs of the client throughout the professional relationship. Privilege on the other hand, is an evidentiary rule of law and a protected right. Solicitor-client privilege is a type of privilege that attaches to some communications between lawyer and client and is an exception to the general principle that all relevant evidence is admissible in court. It provides a legal right to withhold otherwise relevant information from the court or an opposing party. This difference means that while all communications between a lawyer and client are confidential, not all communications are privileged such that they would be protected from disclosure in a lawsuit. Beyond the technical limits of the privilege, there are also limited circumstances where solicitor-client privilege will not apply. For example, where communications must be shared due to a clear, serious, and imminent threat to public safety, or where the lawyer must disclose limited information about the client to defend themselves from allegations of misconduct. In such instances, a lawyer may be permitted to waive privilege. As such, while most communications between a client and their lawyer will never be revealed (unless the client wishes them to be), it is important to understand that the confidential nature of solicitor-client communications is not all encompassing and is not absolute.
Section 10.04 Duration.
The duty of confidentiality owed to clients continues indefinitely, even after the client's matter is resolved, the professional relationship with the client has ended (regardless of the reason), or the client dies.
Section 10.05 Termination by Client.
You can terminate our services at any time. At any time, you may terminate our services by giving us written notice and paying any outstanding legal fees and disbursements. If the firm is shown on court or tribunal documents as your legal representative, then court or tribunal records must be formally changed, in writing. Usually, we can file a document that you sign, telling the court or tribunal as well as the other side that we are no longer representing you.
Section 10.06 Termination by Us.
We can terminate our services in certain circumstances. Subject to our obligation to ensure proper standards of professional conduct, we can also end the lawyer-client or paralegal-client relationship. If this should happen, we will do so in writing and we will assist in the transfer of your file, if appropriate. You should be aware of some of the circumstances that may permit us to end the retainer:
we cannot get instructions from you
you lose confidence in our ability or advice
a conflict of interest arises
we cannot accept your instructions for ethical reasons
you mislead us in a material matter, or you lie to us
after reasonable notice, you fail to provide or replenish the money retainer or provide funds for legal fees or disbursements.
If it is necessary for us to take legal steps either to end our representation of you or to collect our accounts, you will be charged for the time involved.