• 17th Annual Advocacy Conference

    November 30th, 2017
    8:00 a.m. - 3:30 p.m.
    Hamilton Convention Centre
    (1 Summers Lane, Hamilton)

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  • Emerging Issues in Real Estate Seminar

    November 2nd, 2017
    9:00 a.m. - 1:15 p.m.
    Sheraton Hamilton Hotel | Grand Ballroom
    (116 King Street West, Hamilton)

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  • Employment Law Seminar

    November 16th, 2017
    2;00 p.m. - 4:45 p.m.
    7th Floor Jurors' Lounge | John Sopinka Courthouse
    (45 Main Street East, Hamilton)

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  • Looking for a Lawyer in Hamilton?

    Search our Membership Directory by:
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  • Looking for a legal job in Hamilton?

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Upcoming Events

    

Latest HLA News

Advertising & Fee Arrangements Issues Working Group Relative to Contingency Fees

Posted on: Sep 21, 2017

In its report to Convocation, the Working Group expressed a concern that there may be widespread non-compliance with the Solicitor’s Act relative to contingency fee agreements. Specifically, a concern was expressed that the requirements under the Solicitor’s Act and Regulations thereunder were not being adhered to by lawyers and paralegals. The Working Group quite rightly expressed the need to address any such non-compliance.

To the extent that there has been non-compliance with the Solicitor’s Act, and to the extent that any such non-compliance must be addressed in a serious way, FOLA would suggest that the horse pretty much bolted the barn with the release of the Court of Appeal decision in Hodge v. Neinstein1 on June 15th, 2017. If there is anything that is going to compel a licensee to adhere to the regulatory requirements of the Solicitor’s Act in their contingency fee agreements, surely the prospect of becoming a defendant in a class action proceeding brought by former clients is going to do the trick.

However, as the Working Group expressed, and as was addressed by the Court of Appeal in Hodge, the language in the Solicitor’s Act has created difficulties for lawyers and clients and these difficulties should be addressed. To that end, FOLA supports the concept of a mandatory, easily understood, contingency fee agreement (CFA). In combination between the chilling effect of the Hodge decision and a standardized CFA, FOLA suggests that much of the harm surrounding CFA’s will be addressed. As will be articulated ahead, FOLA has significant concerns over some of the Working Group’s recommendations and considerations, particularly relating to enhanced client reporting. Such considerations are likely to have very negative unintended consequences and, to some extent, would result in substantial unfairness to those licensees who are prepared to offer their services on a contingency fee basis.

FOLA will address the Working Group’s recommendations and considerations in the same order in which they were presented to Convocation in the Working Group’s Fifth Report.

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FOLA News

Advertising & Fee Arrangements Issues Working Group Relative to Contingency Fees

Posted on: Sep 21, 2017

In its report to Convocation, the Working Group expressed a concern that there may be widespread non-compliance with the Solicitor’s Act relative to contingency fee agreements. Specifically, a concern was expressed that the requirements under the Solicitor’s Act and Regulations thereunder were not being adhered to by lawyers and paralegals. The Working Group quite rightly expressed the need to address any such non-compliance.

To the extent that there has been non-compliance with the Solicitor’s Act, and to the extent that any such non-compliance must be addressed in a serious way, FOLA would suggest that the horse pretty much bolted the barn with the release of the Court of Appeal decision in Hodge v. Neinstein1 on June 15th, 2017. If there is anything that is going to compel a licensee to adhere to the regulatory requirements of the Solicitor’s Act in their contingency fee agreements, surely the prospect of becoming a defendant in a class action proceeding brought by former clients is going to do the trick.

However, as the Working Group expressed, and as was addressed by the Court of Appeal in Hodge, the language in the Solicitor’s Act has created difficulties for lawyers and clients and these difficulties should be addressed. To that end, FOLA supports the concept of a mandatory, easily understood, contingency fee agreement (CFA). In combination between the chilling effect of the Hodge decision and a standardized CFA, FOLA suggests that much of the harm surrounding CFA’s will be addressed. As will be articulated ahead, FOLA has significant concerns over some of the Working Group’s recommendations and considerations, particularly relating to enhanced client reporting. Such considerations are likely to have very negative unintended consequences and, to some extent, would result in substantial unfairness to those licensees who are prepared to offer their services on a contingency fee basis.

FOLA will address the Working Group’s recommendations and considerations in the same order in which they were presented to Convocation in the Working Group’s Fifth Report.

CONTINUE READING

Contact

View All Job Opportunities

Message from the President

CHANGE.  The Merriam-Webster Dictionary defines change as:  to replace with another; to make a shift from one to another; to undergo a modification; or to undergo a transformation, transition or substitution.  The example given is the change from summer to fall. 

In the legal system and our lifestyles in Southwestern Ontario, the word change seems appropriate at this time of this year. I write to you on September 21st, just before the change from summer to fall will officially happen at 4:08 p.m.  As it is 35ºC, it does not feel like the summer should end.  Having said that, change is upon us, the civil trial list is about to commence, the opening of the Ontario Courts has happened and the St. Thomas Guild has hosted the Red Mass.....READ MORE


Robert Hooper, President 2017-2018

The Hamilton Law Association

The Association’s affairs are governed by trustees and officers who ensure that Association undertakings are within the mandate and in the best interests of our legal community. The many valued volunteers who are members of the numerous committees within the structure of the HLA strive to represent our membership consistently and effectively. The Anthony Pepe Memorial Law Library, operated within the scope of the HLA, is one of the largest law libraries in Ontario and houses over 30,000 volumes.

The Hamilton Law Association continues to strive to educate and support its membership in the practice of law as well as to advocate for their interests as lawyers...

The staff of the Hamilton Law Association (HLA) Library cannot provide legal advice or research to members of the public directly. The HLA Library is a private library for the use of its members, and members of the Law Society of Upper Canada only. For information on finding legal help in Ontario please try the Bora Laskin Law Library's Guide to Finding Legal Help in Ontario, or to search for a lawyer practising in the Hamilton area try the HLA Find a Lawyer page.

This Web site is not intended to provide legal advice. It is intended to supply general information to our members. The information contained and distributed on this site does not contain any legal opinions and does not necessarily reflect the opinions of the Hamilton Law Association.

Please send comments and suggestions to our Webmaster:

CONTACT:

Marica Piedigrossi, Executive Assistant & Social Media Coordinator

Tel: 905-522-1563
Fax: 905-572-1188
Email: mpiedigrossi@hamiltonlaw.on.ca

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