FIRM POLICY
Set out below are some basic rules that govern all of our retainer agreements
with clients, unless otherwise specifically agreed to in writing.
If the client has any objections concerning our accounts for fees and disbursements, then such objections must be communicated in writing within 30 days of the date of the account, failing which the client may make no objection thereafter.
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Where
there is a written retainer agreement which conflicts with this firm policy,
then the written retainer agreement governs.
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All retainer agreements,
unless expressly agreed otherwise in writing, are governed by the laws of
Ontario, whose courts have exclusive jurisdiction over them.
We require the principal shareholders of privately held corporations to assume legal responsibility for paying our accounts. If an account remains unpaid for a period of 60 days from its date, then we are permitted to serve and file a Notice of Intention to Act in Person on behalf of the client in any court proceeding in which we are solicitor of record for that client, and upon doing so we are relieved of all responsibility for that proceeding. In that event the client assumes full responsibility for either continuing to act in person or obtaining new representation. If for whatever reason it is necessary to seek a court order removing Polten & Hodder as solicitors of record in a matter, we are authorized to charge for all of our fees and disbursements incurred in so doing. If the client’s file should lead to written reasons for decision being issued by the court, then we reserve the right to publish those reasons on our firm web site. If the client should wish for any names to be deleted from our publication of the court’s decision, then we must be notified in writing.
We will use email addresses supplied by the client to communicate with the client, unless we are told not to. We assume no responsibility for emails to the client which have been improperly accessed by unauthorized persons. We are entitled to be paid any and all amounts owing on our accounts from either the proceeds of any litigation or from any amounts held in trust for the client, or both.
Our hourly rates may increase at the beginning of each calendar year.
Our hourly rates are as follows, except as otherwise agreed with the client:
| Lawyer |
Hourly Rate |
| Eric P. Polten |
$450.00 |
| J. Gardner Hodder |
$350.00 |
| Gerhard M. Schertzer |
$325.00 |
| Guillermo Schible |
$250.00 |
| Kristy A. Maurina |
$250.00 |
|
Legal Assistants |
Hourly Rate |
|
Matthias
Duensing |
$200.00 |
|
Christian
Baumann |
$200.00 |
| Articling Students |
Hourly Rate |
|
Amy Mitchell |
$150.00 |
|
Law Clerks |
Hourly Rate |
| Other Law Clerks |
$125.00 |
|
German
Students |
$125.00 |
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Except for such clients as may be exempt, all accounts for fees and disbursements are subject to GST.
We shall be entitled to charge interest on unpaid accounts in accordance with the Solicitors Act. We also may charge notional interest on accounts where the charging of fees has been deferred, whether those fees are on a contingency basis or not.
The client is responsible for notifying
us in writing as to current address, telephone number and email address. Polten & Hodder is not a partnership. It is an association between (1) Eric P. Polten, a sole proprietorship carrying on business under the business name of Polten & Hodder, and (2) J. Gardner Hodder, a Professional Corporation, carrying on business under the business style name, Polten & Hodder. Retainer agreements are with either (1), or (2), but not ever with both.
- The provisions of this Firm Policy may be changed from time to time without notice.
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