Lawyer contract need help understanding

[caoroux]

i’ve been posting quite a lot because of confusion since we have an irresponsible lawyer. My husband and I would like to know about a certain part of the contract and understand it more. We understood it but we would like to hear others’ opinion because we might understand it differently.

We would love to cancel our representative handling our case but we are worried we might have to pay to do it. Here is the part of the contract that potentially indicates it.

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 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 - $1200/hour, Senior Lawyer - $900/hour and Associate lawyer/Senior Consultant - $600/hour, Licensed Paralegal/consultant - $350/hour. Additionally, applications suspended or terminated are subject to a $300 file opening fee which covers the disbursements that will be itemized in your bill. After application is initiated and legal team communications have begun, which may include but is not limited to: initial legal team email(s), file review and assessment, list of documents are distributed, amongst other actions, MHNPC may bill the hourly rate as indicated, or a portion of the file value as attributable for the file; whichever is greater.
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Thank you!

 

[kcward7]

i’ve been posting quite a lot because of confusion since we have an irresponsible lawyer. My husband and I would like to know about a certain part of the contract and understand it more. We understood it but we would like to hear others’ opinion because we might understand it differently.

We would love to cancel our representative handling our case but we are worried we might have to pay to do it. Here is the part of the contract that potentially indicates it.

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 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 - $1200/hour, Senior Lawyer - $900/hour and Associate lawyer/Senior Consultant - $600/hour, Licensed Paralegal/consultant - $350/hour. Additionally, applications suspended or terminated are subject to a $300 file opening fee which covers the disbursements that will be itemized in your bill. After application is initiated and legal team communications have begun, which may include but is not limited to: initial legal team email(s), file review and assessment, list of documents are distributed, amongst other actions, MHNPC may bill the hourly rate as indicated, or a portion of the file value as attributable for the file; whichever is greater.
​

Thank you!

Is the rep Canadian? Have you contacted the Upper Law Society?

 

[Ayat]

Caoroux, please see my post on your other thread.

 

[immigrant7]

i’ve been posting quite a lot because of confusion since we have an irresponsible lawyer. My husband and I would like to know about a certain part of the contract and understand it more. We understood it but we would like to hear others’ opinion because we might understand it differently.

We would love to cancel our representative handling our case but we are worried we might have to pay to do it. Here is the part of the contract that potentially indicates it.

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 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 - $1200/hour, Senior Lawyer - $900/hour and Associate lawyer/Senior Consultant - $600/hour, Licensed Paralegal/consultant - $350/hour. Additionally, applications suspended or terminated are subject to a $300 file opening fee which covers the disbursements that will be itemized in your bill. After application is initiated and legal team communications have begun, which may include but is not limited to: initial legal team email(s), file review and assessment, list of documents are distributed, amongst other actions, MHNPC may bill the hourly rate as indicated, or a portion of the file value as attributable for the file; whichever is greater.
​

Thank you!

Holy Cow!!!
$1200 / hr !!!!!
Thats some crazy billing...

 

[caoroux]

Is the rep Canadian? Have you contacted the Upper Law Society?

She is Canadian. And their office is at Toronto. I plan to complain after we get our files and cancel her as a representative. Or when our file is completely done. She said she sent our application on August without proof for us. And with consistent “begging” for proof and received none till January then we gave up and believed we have a different timeline than most people here, and because of a backlog. Surprisingly and gladly she did sent our application! But on February 12.

We knew it was received February 12 because we got a UCI and application number through an IRCC agent. And able to see the progress through ECAS on May. Our lawyer hasn’t told us about any of this (the ECAS, the progress online, AOR1, the UCI no. Etc) basically nothing. I knew a lot thanks to this forum.

 

[Ayat]

Holy Cow!!!
$1200 / hr !!!!!
Thats some crazy billing...

She is not even a lawyer, just an Immigration Consultant. A real lawyer gave me a rate of $300 an hour.

 

[mdna]

The rates are insane, sorry you have to deal with this.

The Law Society won't be able to help you with the monetary part. You'd have to take the matter to small claims if you feel the contract was breached.

 

[mdna]

She is not even a lawyer, just an Immigration Consultant. A real lawyer gave me a rate of $300 an hour.

How do you know she is a consultant?

 

[immigrant7]

How do you know she is a consultant?

From the other thread, it looks like Ayat stalked the lawyer's linked in profile

 

[kcward7]

She is Canadian. And their office is at Toronto. I plan to complain after we get our files and cancel her as a representative. Or when our file is completely done. She said she sent our application on August without proof for us. And with consistent “begging” for proof and received none till January then we gave up and believed we have a different timeline than most people here, and because of a backlog. Surprisingly and gladly she did sent our application! But on February 12.

We knew it was received February 12 because we got a UCI and application number through an IRCC agent. And able to see the progress through ECAS on May. Our lawyer hasn’t told us about any of this (the ECAS, the progress online, AOR1, the UCI no. Etc) basically nothing. I knew a lot thanks to this forum.

You should see if they can help at all with interpretation of your contract, or at least where to guide you. This is a free forum and may not be the best place to ask for help in interpreting what I imagine is a legally bound contract.

I'm sorry for what you're dealing with. We had a lawyer and went through something not dissimilar and it almost tore us apart.