• 18th Annual Advocacy Conference

    Thursday, December 6th 2018
    9:00 a.m. - 4:35 p.m.
    The Hamilton Convention Centre
    (1 Summers Lane, Hamilton)

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  • New Lawyers' Seminar

    Thursday, September 6th 2018
    10:00 a.m. - 4:25 p.m.
    HLA Library & 7th Floor Jurors' Lounge
    John Sopinka Courthouse
    (45 Main Street East, Hamilton)

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  • Corporate Commercial Law Seminar

    Thursday, October 11th 2018
    9:00 a.m. - 1:30 p.m.
    Sheraton Hamilton Hotel - Centre/East Ballroom
    (116 King Street West, Hamilton)

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  • Real Estate Seminar

    Thursday, November 1 2018
    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

    Thursday, November 15th 2018
    2:00 p.m. - 4:45 p.m.
    7th Floor Jurors' Lounge
    John Sopinka Courthouse
    (45 Main Street East, Hamilton)

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Latest HLA News

Submission to the Law Society of Ontario – Advertising & Fee Arrangements Issues Working Group regarding Contingency Fee Reforms

Posted on: Mar 16, 2018

The Law Society of Ontario's Advertising and Fee Arrangements Issues Working Group is seeking input on proposed changes respecting contingency fees. 

Please find below a draft submission that has been prepared based on the input FOLA has received to date.  The timelines for this consultation are short – the Law Society would like input by March 20th – due to the pressures being placed on them by the provincial government who would like “something” done before the provincial election in May/June.

The Federation of Ontario Law Associations (FOLA) is pleased to make the following submission relative to contingency fee reforms.  This submission will be broken out based on the two draft CFA documents, the Know Your Rights Guide for the Public and the proposed Rule Amendments. FOR THE FULL SUBMISSION, CLICK HERE.

  1. Mandatory Standard Form Contingency Fee Agreement based on Current Legislative Requirements

     

    Generally speaking, we believe that the agreement is workable.  We suspect that some stakeholders might take a more critical position and advocate for a complete rewrite.  However, FOLA would not share that position.  We particularly appreciate the opportunity for licensees to have various options by which to charge a contingency fee. 

  2. Mandatory Standard Contingency Fee Agreement based on Proposed Amendments to the Solicitor’s Act

     

    Relative to the wording on how a fee would be calculated following a hearing, we recommend that examples immediately follow the verbal description, as opposed to following some seven pages later under a Schedule A.  We believe this would make the document much more reader friendly.  For example, under Part 4 (b) b, we do not believe that the public could possibly understand what was being conveyed in words.  However, if the example immediately followed, comprehension would be much improved. 

  3. Know Your Rights Guide for the Public

     

    This document gives us much pause for concern.  Simply put, it is too long, too complicated and, based on what our members have told us, we predict that the public will not read this document beyond the first page or two at best.  It is the equivalent of a car owner’s manual:  lots of information that no one will take the time to go through.

  4. Proposed Amendments to the Rules of Professional Conduct

Relative to mandating that lawyers publish their maximum contingency fee percentages on their websites, we would observe that some websites are quite vast and include many things such as blog posts, articles, etc.  A licensee could technically comply with the proposed Rule amendment by effectively burying the maximum contingency percentage in the deep recesses of their website.  We therefore suggest that Rule 3.6-2.2(1) provide that publication of the maximum contingency fee on the lawyer’s website be done in a manner that is easily discoverable to anyone reviewing that website.  Simply put, when a member of the public visits a lawyer’s website, they should not effectively be playing Where’s Waldo? in trying to locate the licensee’s maximum contingency fee percentage.

We thank the Advertising & Fee Arrangements Issues Working Group for all its efforts on this difficult and complex issue and for giving the practising bar the opportunity to provide input.  We look forward to continuing the dialogue on this important topic.

Respectfully submitted.

 

 

Contact

View All Job Opportunities
FOLA News

Submission to the Law Society of Ontario – Advertising & Fee Arrangements Issues Working Group regarding Contingency Fee Reforms

Posted on: Mar 16, 2018

The Law Society of Ontario's Advertising and Fee Arrangements Issues Working Group is seeking input on proposed changes respecting contingency fees. 

Please find below a draft submission that has been prepared based on the input FOLA has received to date.  The timelines for this consultation are short – the Law Society would like input by March 20th – due to the pressures being placed on them by the provincial government who would like “something” done before the provincial election in May/June.

The Federation of Ontario Law Associations (FOLA) is pleased to make the following submission relative to contingency fee reforms.  This submission will be broken out based on the two draft CFA documents, the Know Your Rights Guide for the Public and the proposed Rule Amendments. FOR THE FULL SUBMISSION, CLICK HERE.

  1. Mandatory Standard Form Contingency Fee Agreement based on Current Legislative Requirements

     

    Generally speaking, we believe that the agreement is workable.  We suspect that some stakeholders might take a more critical position and advocate for a complete rewrite.  However, FOLA would not share that position.  We particularly appreciate the opportunity for licensees to have various options by which to charge a contingency fee. 

  2. Mandatory Standard Contingency Fee Agreement based on Proposed Amendments to the Solicitor’s Act

     

    Relative to the wording on how a fee would be calculated following a hearing, we recommend that examples immediately follow the verbal description, as opposed to following some seven pages later under a Schedule A.  We believe this would make the document much more reader friendly.  For example, under Part 4 (b) b, we do not believe that the public could possibly understand what was being conveyed in words.  However, if the example immediately followed, comprehension would be much improved. 

  3. Know Your Rights Guide for the Public

     

    This document gives us much pause for concern.  Simply put, it is too long, too complicated and, based on what our members have told us, we predict that the public will not read this document beyond the first page or two at best.  It is the equivalent of a car owner’s manual:  lots of information that no one will take the time to go through.

  4. Proposed Amendments to the Rules of Professional Conduct

Relative to mandating that lawyers publish their maximum contingency fee percentages on their websites, we would observe that some websites are quite vast and include many things such as blog posts, articles, etc.  A licensee could technically comply with the proposed Rule amendment by effectively burying the maximum contingency percentage in the deep recesses of their website.  We therefore suggest that Rule 3.6-2.2(1) provide that publication of the maximum contingency fee on the lawyer’s website be done in a manner that is easily discoverable to anyone reviewing that website.  Simply put, when a member of the public visits a lawyer’s website, they should not effectively be playing Where’s Waldo? in trying to locate the licensee’s maximum contingency fee percentage.

We thank the Advertising & Fee Arrangements Issues Working Group for all its efforts on this difficult and complex issue and for giving the practising bar the opportunity to provide input.  We look forward to continuing the dialogue on this important topic.

Respectfully submitted.

 

 

Contact

View All Job Opportunities

Message from the President

Thank you for my acclamation as the 76th President of The Hamilton Law Association for the year May 31, 2018 to May 30, 2019.  I am writing this editorial/infomercial during and after the FOLA conference.

The FOLA conference in Toronto (a two-day event) highlighted:

Real Estate – the advances in the Teraview system, updates to OREA and closing documents and Teraview tricks (call me for the web addresses), Statement 9185 of the Land Transfer Tax Form; advocacy – Land Speculation Act lawyer obligations and Electronic Funds Transfer...READ MORE.


W Patric Mackesy, President 2018-2019

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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