Law Firm LLP
Address
Tel:(000) 000-0000 Fax: (000) 000-0000

Contract for Legal Services / Retainer Agreement for Limited Legal
Advice and Services
You have opted to retain our firm based upon a service model that is limited in scope.
To ensure that there is no confusion about the scope of our retainer or about the work
we will and will not be doing for you in relation to your case with [opposing party’s name]
(in the Superior Court of Justice, court file number), we have entered into the following
Limited Scope Retainer Agreement. The specifics of our limited scope retainer are as
follows:

This agreement is between Starr Family Law, hereafter referred to as the “Lawyer,” or
“Starr Family Law” and ______________________________, hereafter referred to as
the “Client.”

1.

2.

Nature of Case: The Client consulted the Lawyer in the following matter:
Custody

Trial

Access

Enforcement of orders

Child Support

Appeal

Spousal Support

Practice and Procedure

Property

Divorce

Client Responsibilities and Control: The Client will remain responsible for and
in control of his/her own case at all times. This means that the Client will be
responsible for understanding the issues, resolution options and potential
consequences of those resolution options and consequences. In addition, the
Client agrees to:
a.

Cooperate with the Lawyer or his/her office by complying with all
reasonable requests for information in connection with the matter for
which the Client is requesting services;

This document can be found on LAWPRO’s Limited Scope Representation Resources page at practicepro.ca/LimitedScope. It
was adapted from materials by the Jamal Family Law Professional Corporation.
Copyright © 2015 Lawyers’ Profession Indemnity Company. This document may be adapted for use by lawyers and paralegals
for their legal practices.

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3.

b.

Inform the Lawyer of the specific parts of the case that the Client requests
the Lawyer's assistance with;

c.

Review and evaluate all information provided by the Lawyer;

d.

Keep the Lawyer or his/her office advised of the Client’s concerns and any
information pertinent to the Client’s case;

e.

Provide the Lawyer with copies of all correspondence to and from the
Client relevant to the case;

f.

Notify the Lawyer of any pending negotiations, conferences, hearings,
contractual or court imposed deadlines or litigation;

g.

Keep all documents related to the case in a file for review by the Lawyer;

h.

Sign all relevant papers, agreements or filings relative to the case;

i.

Immediately notify the Lawyer of any changes of work or home addresses,
email addresses or telephone numbers of the Client;

j.

Immediately notify the Lawyer if the Client receives any new pleadings,
motions, letters, or other documents from the other party, the other party’s
lawyer, any expert, appraiser, or evaluator hired by either party or
appointed by the Court, or any documents from the Court, and provide the
Lawyer with a copy of the item received, as well as the date it was
received by the Client.

Scope of Services: The Client requests the Lawyer to perform or not to perform
the following services related to the family law issues identified above:
(Indicate Yes or No in box)
a.
Procedural advice
b.

Advice on substantive rights and obligations

c.

Advice about law and strategy related to an ongoing mediation,
negotiation or litigation

d.

Formulate strategy and tactics

e.

Communications with opposing counsel

f.

Review correspondence

g.

Draft correspondence

h.

Information about document preparation

i.

Assistance with document preparation

j.

Information about fact gathering, discovery or questioning

k.

Investigate facts;

l.

Assistance with drafting discovery or questioning requests

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m.

Assistance with computer support programs

n.

Run computer support programs

o.

Obtain court documents

p.

Review court documents

q.

Review transcripts

r.

Review documents obtained from others

s.

Advice about negotiations and the preparation and presentation of
evidence

t.

Legal research and analysis

u.

Assistance with drafting a Case Conference Brief

v.

Assistance with drafting a Settlement Conference Brief

w.

Assistance with drafting a Trial Management Conference Brief,

x.

Preparation of your financial statement and supporting documentation
brief

y.

Service and filing of your financial statement and supporting
documentation brief

z.

Draft motion materials (i.e. Notice of Motion, Affidavit, Factums)

aa.

Draft Requests to Admit or Response to Requests to Admit

bb.

Draft Requests for Information or Responses to Requests for Information

cc.

Draft or Analyze Offers to Settle/Settlement Proposals

dd.

Review Endorsements and Draft orders and judgments

ee.

Enforce Orders

ff.

Prepare summons to witness

gg.

Prepare the Client for court attendances (motions, conferences, trial)

hh.

Prepare client for negotiation

ii.

Prepare client for mediation

jj.

Prepare client for s. 30 assessment

kk.

Prepare client for capacity assessment

ll.

Prepare client for involvement with the Office of the Children’s Lawyer

mm.

Coaching on trial or negotiating techniques

nn.

Prepare client for questioning

oo.

Contact Witnesses

pp.

Contact Expert Witnesses

qq.

Guidance and procedural information regarding filing and serving

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documents
rr.

File and Serve Court Papers

ss.

Review and analysis of Client’s strategy for court attendances

tt.

Advice about an appeal or the appeal process

uu.

Procedural assistance with an appeal

vv.

Assistance with substantive legal argument

ww.

Appear in court (only for specific attendances agreed upon in advance)

xx.

Conduct questioning (written or oral)

yy.

Other:

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

4.

Limitation of Lawyer’s Responsibilities: the Lawyer will perform the specific
legal tasks identified by the word “Yes” in paragraph 3 above, consistent with
the Lawyer’s ethical and professional responsibilities, including observing strict
confidentiality, and based on the information available to the Lawyer. In providing
those services, the Client agrees that the Lawyer will not do the following:
Represent, speak for, appear for, or sign papers on Client’s behalf.
Represent, speak for, appear on behalf of the Client, at any Court
attendance.
Take any steps to prepare the Client’s case for trial.
Make decisions for the Client about any aspect of the case.
Protect the Client’s property by means of restraining orders while
discovery, negotiations, mediation or litigation are in progress.
Perform any services identified by the word “NO” in paragraph 3 above.

5.

Amendments: The client may request that the Lawyer provide additional
services. If the Lawyer agrees to provide additional services, those additional
services will be specifically listed in an amendment to this Agreement, and
initiated and dated by both parties. The date that both the Lawyer and the Client
initial any such list of additional services to be provided, will be the date on which
the Lawyer becomes responsible for providing those additional services. If the

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Client wishes to obtain additional services from Lawyer/ Starr Family Law a
photocopy which clearly denotes which extra services are to be provided, signed
and dated by both Lawyer/ Starr Family Law and Client and attached to the
amendment of this Agreement, shall qualify as an amendment.
6.

If the Client decides to retain the Lawyer as the Client’s Solicitor of Record for
handling the entire case on the Client’s behalf, the Client and the Lawyer will
enter into a new written Agreement setting forth that fact, and the Lawyers
additional responsibilities in the Client’s case.

7.

Solicitor of Record: It is the intention of the Lawyer and the Client that the
Lawyer shall only perform those services specifically requested of the Lawyer.
Some of those services may require the Lawyer to become solicitor of record or
make a court appearance in the Client’s case in order to perform the service
requested. The Lawyer and the Client specifically agree that the Lawyer
becoming solicitor of record for such purposes shall not authorize or require the
Lawyer to expand the scope of representation beyond the specific services
designated or the particular court attendance. In the event that any court requires
the Lawyer, as solicitor of record for one or more authorized issues or tasks, to
assume the responsibility for other tasks or issues reserved to the Client or a
third party professional, the Lawyer may, at his/her sole discretion, elect to
withdraw from representation, and the Client agrees to execute any Notice of
Change in Representation forms reasonably requested by the Lawyer within 24
hours of such a request.
If the court requires the Lawyer or Firm to render services in addition to those
agreed to and listed in this contract as the services the lawyer is to perform, the
Client aggrees that she or he will be charged $________ per hour for these
additional services. The Client also agrees to sign a new retainer agreement /
contract for service for these additional services required by the court.

8.

Method of Payment for Services:
I, the Client, confirm that:
a)

I agree to retain you at an hourly rate of $XXXX and understand that from
time to time a law clerk or another associate lawyer will do work on my
behalf and that in such an event I will be billed for his or her time at his or her
respective rate per hour (as set out in the Billing Information for New Clients
Memorandum) and that all fees are subject to H.S.T.

b)

I agree to deposit with Starr Family Law in Trust the sum of $XXX as retainer
and to deposit from time to time, as and when requested, such further
interim retainer monies as you may require to meet anticipated
disbursements, and such further amounts as you may require on account of
your services.

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9.

c)

I understand that no work will be done and no disbursements incurred until
the initial financial retainer is deposited and this document executed.

d)

I will replenish my retainer when requested to do so.

e)

When the retainer provided has been exhausted or is insufficient to cover
the work that needs to be done or disbursements that need to be incurred, I
understand that no further work will be done on my behalf and no further
disbursements will be incurred until the financial retainer is replenished in
the amount requested.

f)

I understand that you will render accounts to me primarily on the basis of
time spent on my behalf.

g)

I understand and agree that payment of my accounts for fees and
disbursements is due upon receipt of notice, and that interest will be charged
pursuant to the Solicitors Act. Each such account is deemed to be final
notwithstanding that the work may be ongoing. The amounts charged will
be based on the-then current rates which are set out in the Billing
Information for New Clients.

h)

I agree that if, while this agreement is in effect, the Lawyer/Starr Family
Law increases the hourly rate(s) being charged to clients generally for the
Lawyer/ Starr Family Law’s fees, that increase may be applied to fees
incurred under this agreement, but only with respect to services provided
thirty days or more after written notice of the increase is provided to the
Client. If the Client chooses not to consent to the increased rate(s), the
Client may terminate the Lawyer/Starr Family Law’s services under this
agreement by written notice effective when received by the Lawyer/ Starr
Family Law.

Costs:
a.

The Client will pay the Lawyer/Starr Family Law’s out-of-pocket costs
incurred with this agreement, including long distance telephone and fax
costs, photocopy expense and postage.

b.

All costs payable to third parties in connection with the Client’s case
including filing fees, investigation fees, questioning fees, and the like will
be paid directly by the Client. The Lawyer/ Starr Family Law will not
advance costs to third parties on the Client’s behalf without the Client’s
advance consent.
The Client acknowledges that the Lawyer has made no promises
about the total amount of the Lawyer’s fees to be incurred by the
Client under this agreement.

10.

Discharge of Lawyer: The Client may discharge the Lawyer at any time by
written notice effective when received by the Lawyer. Unless specifically agreed

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by the Lawyer and the Client, the Lawyer will provide no further services after
receipt of the notice. Notwithstanding the discharge, the Client will remain
obligated to pay the Lawyer at the agreed rate for all services provided prior to
such discharge.
11.

Withdrawal of Lawyer: The Lawyer may withdraw at any time as permitted
under the Rules of Professional Conduct and the Family Law Rules. The
circumstances under which the Rules permit such withdrawal include, but are not
limited to, the following:
a.

The Client consents,

b.

The Client misleads the Lawyer in a material way;

c.

The client instructs the Lawyer to do something that is prohibited by the
Lawyer’s Rules of Professional Conduct;

d.

The Client’s conduct renders it unreasonably difficult for the Lawyer to
carry out the employment effectively, and

e.

The Client fails to pay the Lawyer’s fees or costs as required by his or her
agreement with the Lawyer.

Notwithstanding the Lawyer’s withdrawal, the Client will remain obligated to pay
the Lawyer at the agreed rate for all services provided. At the termination of
services under this agreement, the Lawyer will release promptly to the Client,
upon the Client’s request, all of the the Client’s papers and property.

12.

Acknowledgment and Statement of Client’s Understanding
I acknowledge:
receipt of a copy of all of the documents that form part of this contract,
namely:
1.

Administrative Information for New Clients (updated as at June 2014)

2.

Billing Information for New Clients (updated as at June 2014)

3.

This Retainer

that I have carefully read and understood the two documents, namely, the
Administrative Information for New Clients and the Billing Information for
New Clients as well as this retainer.
that this Retainer, Administrative Information for New Clients and Billing
Information for New Clients form the complete Agreement between me
and the Lawyer. I hereby agree to retain you as my solicitor based on the
policies and terms outlined in each of these three documents.

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13.

I signify my agreement with the following statements by initialling each one:
a.

I have accurately described the nature of my case in Paragraph 1.

b.

I will be responsible for the conduct of my case and will be in
control of my case at all times as described in Paragraph 2.

c.

The services the Lawyer/Starr Family Law has agreed to perform
in my case are identified by the word “YES” in paragraph 3. I take
responsibility for all other aspects of my case.

d.

I understand and agree to the limitations on the scope of the
Lawyer/Starr Family Law’s responsibilities identified in Paragraph
4 and understand that the Lawyer/ Starr Family Law will not be
responsible for my conduct in handling my case.

e.

I will pay the Lawyer/ Starr Family Law for services as described
in Paragraphs 8 and 9.

f.

I understand that any amendments to this Agreement shall be in
writing, as described in Paragraph 5.

g.

I acknowledge that I have been advised by the Lawyer/Starr
Family Law that I have the right to consult with another
independent solicitor to review this Agreement and to advise me
on my rights as a client before I sign this Agreement.

14.

Effective Date of Agreement: The effective date of this agreement will be the
date when, having been executed by the Client, one copy of the agreement is
received by the Lawyer and the Lawyer receives the deposit required by
Paragraph 8b. Once effective, this agreement will, however, apply to services
provided by the Lawyer on this matter before its effective date.

15.

Advice Given
I, the Client, acknowledge that I have been advised that:
any claims I may have to an equalization of net family property under the
Family Law Act may be barred by the passage of time if I do not start court
proceedings within 6 years of my separation from my spouse or within two
years after a divorce or judgment of nullity, whichever is sooner.
I should consider revoking any existing will and make a new one now, and
that when matters with my spouse are resolved, I should consider making a
new
one
at
that
time.

Law Firm LLP
Address
Tel:(000) 000-0000 Fax: (000) 000-0000

I should consider changing beneficiary designations on my RRSPs and my
life insurance policies, and to consider severing any joint tenancies that I
hold with my spouse.
I wish for accounts to be sent to me by:
Email only
Email and Mail
The foregoing is agreed to by:
DATE:

_________________________
Witness

_________________________
The Lawyer

DATE:

_________________________
Witness

_________________________
The Client

This document can be found on LAWPRO’s Limited Scope Representation Resources page at practicepro.ca/LimitedScope. It was adapted from
materials by the Jamal Family Law Professional Corporation.
Disclaimer: This document provides help to lawyers offering limited scope representation and practical advice on ways lawyers can minimize
their exposure to malpractice claims. This document does not establish, report, or create the standard of care for lawyers. The material is not a
complete analysis of any of the topics covered, and readers should conduct their own appropriate legal research. Copyright © 2015 Lawyers’
Profession Indemnity Company. This document may be adapted for use by lawyers and paralegals for their legal practices.