Lawyer holding passport

[kansas6000]

Guys,
Can a Canadian lawyer hold on the passport? I know I owe him some fees but when I got the visa he quoted me 2500 instead of the 1000 I owed him.

Now he wants me to pay up or he won't mail my passport in.

Thanks in advance.

 

[backcountry]

I cannot imagine it would be legal for a lawyer to hold onto anyone's passport for any reason. He may possibly have cause to sue you for the difference, but I don't think anyone is permitted to keep someone else's passport. I'd call the bar association and lodge a complaint immediately.

 

[backcountry]

I'd also call the passport office and ask if it's lawful for anyone to retain anyone else's passport for any reason. He may not be obligated to send it to CIC, but I'd imagine he'd be obligated to return it to you at your request. This is a unique document, it seems to me that the passport office would frown upon anyone holding onto another's passport without expressed permission.

Though I hate to see lawyers, or anyone else, receive remuneration over and above what they quoted unless it's absolutely and clearly justified, I have to say, at this late stage in the immigration journey I don't think I'd let a difference of $1500 stand in my way of getting the job finished. I'd likely pay and have the passport mailed, then take it up with the Canadian Bar Association as well as the Passport Office, after the fact.

 

[rjessome]

I cannot imagine it would be legal for a lawyer to hold onto anyone's passport for any reason. He may possibly have cause to sue you for the difference, but I don't think anyone is permitted to keep someone else's passport. I'd call the bar association and lodge a complaint immediately.

The Canadian Bar Association is not the right place to make a complaint. They must contact the Law Society in the province where the lawyer practices to make a complaint. For Ontario lawyers, it is the Law Society of Upper Canada. The CBA website will have links to all the provincial law societies.

 

[scylla]

The Canadian Bar Association is not the right place to make a complaint. They must contact the Law Society in the province where the lawyer practices to make a complaint. For Ontario lawyers, it is the Law Society of Upper Canada. The CBA website will have links to all the provincial law societies.

+1

This is the correct advice.

 

[kansas6000]

Thanks for the prompt response guys. I will make some calls and see what they have to say.. and get back to you. This is for a prominent Canadian lawyer in Toronto.

 

[scylla]

Good luck. Let us know how things work out.

 

[rachiy]

Guys,
Can a Canadian lawyer hold on the passport? I know I owe him some fees but when I got the visa he quoted me 2500 instead of the 1000 I owed him.

Now he wants me to pay up or he won't mail my passport in.

Thanks in advance.

Just to clarify, is the lawyer holding your passport from you when you request he returns it, or it simply a case of him not completing a service for which you have not yet paid?

I think it is pretty unlikely that an immigration lawyer is illegally holding on to your passport. From what you said, he is refusing to mail it on until you pay, not holding it from you. Lawyers are great at sneaking in extra fees, so check your contract from when you engaged his services. I am not sure what exact services he performed, but $1,000 seems way too cheap for a prominent lawyer. Was that the initial retainer only?

 

[kansas6000]

yes, I myself find it hard to believe that the lawyer would hold the passport. I have been talking to the secretary and she has clearly indicated that I have to pay up or the passport will be in the safe until the visa expires. I have yet to talk to the lawyer but I know the secretary speaks for him. This visa took like 7 years to get for family sponsorship. I have dealt with lawyers in the US and they have all asked for upfront payments or they won't take cases. If they work hourly they ask for some huge amount of money out of which they deduct their dues. This is a family sponsorship for parents. My dad passed away during the application process and so this is for my mom visa only.

 

[rjessome]

Guys,
Can a Canadian lawyer hold on the passport? I know I owe him some fees but when I got the visa he quoted me 2500 instead of the 1000 I owed him.

Now he wants me to pay up or he won't mail my passport in.

Thanks in advance.

You should have a retainer agreement wherein the fees you will be responsible to pay are quoted. You should also have invoices/receipts for payments made against the original agreement. Ask the secretary to send you a copy of the retainer and all invoices/receipts to show you the outstanding amount still payable. Whatever is outstanding is what you pay. You say he "quoted" you an amount but this must have been agreed upon in writing for it to be valid. If there is no retainer agreement this is a breach of the lawyer's professional code of conduct. If there is a retainer agreement in place and the fee the lawyer quoted is correct, then pay it because it's what you agreed upon.

I don't care if you are a lawyer, plumber, hairdresser or whatever. If you sign an agreement/contract to provide a service, then that amount should be paid if the job was done. The visa has been issued. 7 years for parents is not unheard of and the lawyer would have had no control over the length of time it took because processing times change at CIC's whim.

If the Law Society of Upper Canada looks into this, the written agreements, invoices and receipts are what they are going to want to see. And any lawyer with half a brain will have a copy of that signed agreement. And if you signed it, you should too.

 

[JimM]

Without knowing the poster or the lawyer in question it's really next to impossible to come to a conclusion.

Is the lawyer really "prominent" or just an attorney with a flashy website and the gift of gab? Does the poster maybe have some language issues and not fully understand wording about a retainer of $1000 against total fees?

I would think if the fee started at $1000 and ballooned up to $2500 they lawyer would have advised them as they went along just as a mechanic will advise you and get consent if a job goes way over estimate. But we've also all probably read of lawyers ripping off clients and I'm sure a situation like this would be ripe for exploiting by a dishonest one, especially with the time factors involved.

 

[parker24]

Without knowing the poster or the lawyer in question it's really next to impossible to come to a conclusion.

Is the lawyer really "prominent" or just an attorney with a flashy website and the gift of gab? Does the poster maybe have some language issues and not fully understand wording about a retainer of $1000 against total fees?

I would think if the fee started at $1000 and ballooned up to $2500 they lawyer would have advised them as they went along just as a mechanic will advise you and get consent if a job goes way over estimate. But we've also all probably read of lawyers ripping off clients and I'm sure a situation like this would be ripe for exploiting by a dishonest one, especially with the time factors involved.

I was re-reading the first post and I think most of us are misunderstanding. It sounds like s/he already paid a fair amount and there was just 1000 left over that s/he has to pay. That's what I'm getting from it anyway. In any case, definitely need to see the contract! Make sure you always get copies of these!

 

[JimM]

I was re-reading the first post and I think most of us are misunderstanding. It sounds like s/he already paid a fair amount and there was just 1000 left over that s/he has to pay. That's what I'm getting from it anyway. In any case, definitely need to see the contract! Make sure you always get copies of these!

That actually does make more sense. We paid our attorney in installments, (can't wait till we hit the last milestone and have to make the last payment lol).

It still leaves the question of why the last payment went from $1000 to $2500 though

 

[kansas6000]

Guys, thanks for the heads up. I will call the secretary and get the contract I signed for my parents. I will pay-up on what I signed for otherwise I will seek advice from the Law Society.

I haven't had time.. but I hope to do this tomorrow.

Thanks for your time and much needed advice!

 

[rjessome]

Guys, thanks for the heads up. I will call the secretary and get the contract I signed for my parents. I will pay-up on what I signed for otherwise I will seek advice from the Law Society.

I haven't had time.. but I hope to do this tomorrow.

Thanks for your time and much needed advice!

Good luck.

It still leaves the question of why the last payment went from $1000 to $2500 though

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.