Sentences with phrase «scope of the retainer»

What was of interest and surprise in Goldsmith Williams was that the Court of Appeal considered the case on the basis of the scope of the retainer between the parties.

Secondly, the Supreme Court made it clear that the duties owed by auditors will very much be defined by the scope of their retainer — i.e. an auditor's opinion given for a limited purpose can not be used to found liability when used for purposes other than that for which it was intended.

This recognizes that in the unbundled context a lawyer will deal with opposing counsel on the matters within the scope of a limited retainer and directly with a client on matters outside the scope of the retainer.

Second, the client must provide informed consent, and ideally, this consent should be evidenced by something in writing (to prevent post-matter disputes as to the scope of the retainer).

and remember, in Ontario the onus is on the lawyer who seeks to limit the scope of the retainer, and if there is an ambiguity or doubt, it will generally be resolved in favour of the client.

Defining the scope of the retainer Jackson & Powell on Professional Liability — Sixth Edition, the leading British text on professional liability, contains the following warning at p. 659:

c) misunderstandings regarding the scope of the retainer (for example, misunderstandings about which claim (s) the lawyer was retained to bring, which parties to name as plaintiffs or defendants, etc.);

Opportunities for confusion of the scope of the retainer may abound, and for many lawyers, it is just too much of a hassle to offer limited assistance when one doesn't have full carriage of a file.

Diedrick points out that the LTD benefits example cited above is only one of many possible scenarios in which a client can misunderstand the scope of a retainer.

Diedrick recommends that, in addition, lawyers revisit the scope of the retainer with the client when appropriate.

misunderstandings regarding the scope of the retainer (for example, misunderstandings about which claim (s) the lawyer was retained to bring, which parties to name as plaintiffs or defendants, etc.);

However, we have all heard of cases where the scope of a retainer agreement is challenged.

Such agreements can help to clearly establish the identity of the client (s), the scope of the retainer, and the identities of the parties who are to be named in any lawsuit.

And remember, in Ontario the onus is on the lawyer who seeks to limit the scope of the retainer, and if there is an ambiguity or doubt, it will generally be resolved in favour of the client.

Opposing counsel can communicate with the client without the lawyer's consent, unless communications and dealings fall within the scope of the retainer.

Clear identification of the scope of the retainer at the outset and over the course of the retainer mitigates performance risk.

34 When a lawyer is retained by a client, the scope of the retainer is governed by contract.

Tax advisors need to be aware of this trend in the case law and carefully consider the scope of their retainers and their liability caps, as inevitably the inability to access remedies for mistakes through the courts may leave taxpayers looking to advisors to be made whole.

The scope of the retainer, the term and the fee would all be agreed upon in advance.

The volunteer decides whether to retain the applicant as a client and the scope of that retainer.

• A carefully drafted retainer agreement that properly and fairly limits the scope of the retainer in terms of services to be provided and timelines for the completion of the services is needed.

Between 2009 - 15, just 5.8 per cent of Ontario family law claims (filed against lawyers with full retainers and those with limited scope retainers) involved a dispute related to the scope of the retainer.

A lawyer's duty to the client demands that, before making a public statement concerning the client's affairs, the lawyer must first be satisfied that any communication is in the best interests of the client and within the scope of the retainer.

«That was critical because if he found the scope of the retainer was more narrow it is likely Cassels Brock would not have been found to be liable,» says Brian Radnoff, a partner at Lerners LLP.

The court reiterated that a professional duty to his or her client, whether in contract or negligence, is defined «by the scope of the retainer agreement».