Set out below are some basic rules that govern all of our retainer agreements with clients, unless otherwise specifically agreed to in writing.

1. 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.

2. Where there is a written retainer agreement which conflicts with this firm policy, then the written retainer agreement governs.

3. All retainer agreements, unless expressly agreed otherwise in writing, are governed by the laws of Ontario. Any and all disputes, claims, disagreements, including fees disputes, arising out of or in connection with the retainer agreement shall be submitted to a single arbitrator under Ontario Law in accordance with the Arbitration Act, 1991, and the arbitration shall be conducted by an arbitrator with ADR Chambers Inc. using the ADR Chambers rules. In the event the parties cannot agree which arbitrator to use, then either party may write to ADR Chambers Inc. and ask that it appoint one of its arbitrators, and such appointment shall be final and binding. [revised June 1, 2009]

4. The shareholders of privately held corporations are jointly and severally liable to pay all accounts rendered for legal services to such corporations. [revised June 1, 2009].

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. Our hourly rates may increase at the beginning of each calendar year.

11. Our hourly rates are as follows, except as otherwise agreed with the client:

Lawyer	Hourly Rate
Eric P. Polten	$450.00
J. Gardner Hodder	$400.00
Gerhard M. Schertzer	$325.00
Guillermo Schible	$300.00
Yan Wang	$250.00
Robert A. Rastorp	$250.00

 

Legal Assistants	Hourly Rate
Matthias Duensing	$200.00
Mark Herwartz	$200.00
Maryam Moradzadeh	$175.00

 

Law Clerks	Hourly Rate
Other Law Clerks	$125.00
German Students	$125.00

 

12. Except for such clients as may be exempt, all accounts for fees and disbursements are subject to GST.

13. 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.

14. The client is responsible for notifying us in writing as to current address, telephone number and email address.

15. 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.

16. The provisions of this Firm Policy may be changed from time to time without notice.

OUR PRIVACY POLICY

We at Polten & Hodder know how important your privacy is to you.  As a law firm we have a professional and legal obligation to keep confidential all personal information we receive from you.  Our relationship with you is founded on trust and we are committed to maintain that trust.  For these reasons, we have created the following privacy policy.  It confirms our dedication to protecting and maintaining the trust you have placed in us.

What the Policy Covers

This policy covers treatment of the personal information we collect from you.

Why We Collect Personal Information

We collect personal information that is necessary to administer our business, to advise you about our services, and to provide you with customer service.

How Your Information Is Used

We do not sell, barter, trade or give away the personal information you have provided to us.  We will only share your information with third parties if we are required to by law to do so or you have either expressly authorized us to, or it if is required for the provision to you of a service or product supplied by another business or organization as part of our services to you.  We will take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure.  All personal information collected but no longer required will be disposed of by shredding or electronic deletion.

Access to Your personal Information

You may ask for access to any personal information we hold about you and may ask that the information be corrected or updated.  However, we reserve the right to confirm the identity of the person seeking access to personal information before complying with any access request.  If we are unable to provide you with access to all the personal information we have about you, then the reason for the denial will be provided to you.

If you wish to ask a question about our collection, use, storage or disposal of your personal information, or access to your personal information, or to make a complaint, please contact us.