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Lawyer holding passport

JimM

Hero Member
Sep 7, 2009
303
20
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
26-07-2012
rjessome said:
Good luck.

Extraordinary issues that weren't present at the time the agreement was signed. Imagine you are getting your bathroom renovated. Your contractor quotes you $5K and while it's being gutted, it's discovered that your electrical is all wrong and could potentially cause a fire in your home. It has to be fixed. Neither you nor the contractor knew about it when you signed the contract but now there is all this extra work, time and supplies required which will cost an additional $5K. Who pays? Well you do of course because it's your house and you need it done. This happens in immigration as well, especially with additional medical issues that no one knew were present and could require medical expert reports. That's just an example. In that case, the agreement should have been amended or a new agreement struck or a written quote provided to cover the costs of dealing with those issues. Extra stuff happens in immigration all the time.
But that goes back to what I said about mechanics in my first post. If something like that had happened shouldn't he have been advised at the time and given the option of continuing or not, just as my mechanic would tell me and clear it with me if he was going to have to significantly exceed the estimate. If that had happened then he'd either have discontinued the process or approved of and been expecting the extra fees.
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
Job Offer........
Pre-Assessed..
JimM said:
But that goes back to what I said about mechanics in my first post. If something like that had happened shouldn't he have been advised at the time and given the option of continuing or not, just as my mechanic would tell me and clear it with me if he was going to have to significantly exceed the estimate. If that had happened then he'd either have discontinued the process or approved of and been expecting the extra fees.
True. But he may (or may not) have agreed to something that was billed hourly. With inadmissibility issues, depending upon the fight you have to put up, it might have taken longer than anticipated. And 7 years is a long time to accumulate extra hours. CIC isn't instant (or practically) like a mechanic. I agree that any estimate you give to a client needs to be as close as possible to a real amount but it's not an exact science. Dealing with people is normally much more difficult than dealing with inanimate objects. At the end of the day, the OP is doing the right thing by requesting a copy of the retainer and any amendments that may have been made. Perhaps those fees are not lawyer fees at all but disbursements the lawyer had to pay for (expert reports, couriers, translations, etc.). So the lawyer is not making money off of those.
 

kansas6000

Member
May 5, 2010
14
0
okay guys. There is no retainer agreement in the file! I know there were a whole bunch of signatures which were done earlier on when we discussed payments. So I am not sure where the lawyer is going with this...
 

backcountry

Star Member
May 28, 2012
109
9
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
21-03-12
AOR Received.
26-06-12
File Transfer...
28-06-12
Med's Done....
07-01-12
Passport Req..
20-11-12
VISA ISSUED...
29-11-12
LANDED..........
04-12-12
I think you said you've been at this for 7 long years, so I'd encourage you to pay, finish things up, but document everything and deal with it later. But for $1500, I sure wouldn't jeopardize things this close to the finish line. I would, however, complain to the governing body and seek some kind of refund if possible after the fact, but I'd sure want to do whatever I could to end the already-too-long ordeal.

All the best!
 

Fencesitter

Champion Member
Sep 29, 2011
1,761
52
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
April 13, 2012
AOR Received.
AOR2 July 25, 2012
File Transfer...
July 13, 2012
Med's Done....
Mar 1, 2012
Interview........
WAIVED!
Passport Req..
Aug 28, 2012
VISA ISSUED...
Sept 24, 2012
LANDED..........
Jan 30, 2013
Yes, that's what I would do as well. Pay the money now, but go after the lawyer once everything is finished. If there is no signed document, the lawyer has no leg to stand on...complain to whomever you can and do your best to get a refund!

FS
 

kansas6000

Member
May 5, 2010
14
0
I am pretty sure the lawyer has my contract and is just dissing me. Getting money back from a lawyer is like pulling lions teeth. I am sure he knows what he is doing and probably has done it to others. I know the visa is worth a LOT more since there are no more parent sponsorships. I want to call the Law Society for advice but I want to make sure I exhaust all my options before I start an "intimidating" approach. No lawyer wants to approached by the Law Society... I am sure. I am no rich person.. I'd rather donate the money to a good cause then give a free hand-out to a lawyer.
 

scorpion_ca

Hero Member
May 31, 2012
701
36
Job Offer........
Pre-Assessed..
kansas6000 said:
I am pretty sure the lawyer has my contract and is just dissing me. Getting money back from a lawyer is like pulling lions teeth. I am sure he knows what he is doing and probably has done it to others. I know the visa is worth a LOT more since there are no more parent sponsorships. I want to call the Law Society for advice but I want to make sure I exhaust all my options before I start an "intimidating" approach. No lawyer wants to approached by the Law Society... I am sure. I am no rich person.. I'd rather donate the money to a good cause then give a free hand-out to a lawyer.
It's almost eight days since you started this post. However, you could not solve this problem with the lawyer yet. I was wondering how you are sleeping.

Where is the copy of your signed contract? I think you should inform CIC about this situation and ask them what should you do now.

How do you communicate with the firm? By phone or email. I would suggest that you should communicate with them by email as it might be used as an exhibit in court if required in future.
 

kansas6000

Member
May 5, 2010
14
0
Yes, Scorpion. I am making sure I communicate via email to document all my communications.

I hope to hear from a few more advices .. and then most likely will call the Law Society for advice.

CIC has nothing to do with this ... I am pretty sure. I read on the Law Society's website that they are the ones who handle these type of disputes.
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
Job Offer........
Pre-Assessed..
kansas6000 said:
Yes, Scorpion. I am making sure I communicate via email to document all my communications.

I hope to hear from a few more advices .. and then most likely will call the Law Society for advice.

CIC has nothing to do with this ... I am pretty sure. I read on the Law Society's website that they are the ones who handle these type of disputes.
I answered your PM. Law Society is the way to go. NOW.
 

scorpion_ca

Hero Member
May 31, 2012
701
36
Job Offer........
Pre-Assessed..
kansas6000 said:
Yes, Scorpion. I am making sure I communicate via email to document all my communications.

I hope to hear from a few more advices .. and then most likely will call the Law Society for advice.

CIC has nothing to do with this ... I am pretty sure. I read on the Law Society's website that they are the ones who handle these type of disputes.
I don't think CIC has nothing to do with this as they are the one, who issued visas on those passports. If you complain Law Society, how long will it take to resolve the issue? If it takes long time to resolve the issue and by that time the visas are expired, what would you do??