lawyer threatening for final instalment

Canada Immigration Forum (discussion group)

Subject: lawyer threatening for final instalment

Hello people

My lawyer has been very rude to me and has done certain stupid things due to which i had to cancel his services I did pay him 2 installments and the third which has to be paid after the visa is stamped has not yet been paid as i have cancelled his services long back.Now he threatens that i have to pay the remaning fee or else he will file a case against me.But the contract doesnt mention anything of paying the remaining fee even if we cancel our application.

Please read the clause 6 and clause 24 .... CLause 6 clearly says payment is divided in three parts Retainer- Second Payment - Final Instalment...... And clause 24 says that if I cancel the contract then I have to any clear any outstanding payment. But there is no payment o/s as I have paid the Initial retainer and second instalment in full. I dnt understand why should I pay the final Instalment if I havent even reached that stage yet and the law firm anyways screwed up my case badly. Pls help

i m pasting my agreement with lawyer kindly go thru and let meknow if i m obliged to pay the remaining fee.

1. PARTIES TO THIS AGREEMENT. This Agreement is entered into by, and between the law firm XXXXXXXX(hereinafter ?Law Firm?) and XXXXX (hereinafter ?Client?) on this _ _ day of _______, 2005 in the Province of Ontario, Canada.

2. LEGAL SERVICES INCLUDED. Law Firm will provide the following Immigration Legal Services to the Client: Permanent Residence (Economic Class) Application to Citizenship and Immigration Canada.

3. AUTHORIZATION. Client authorizes the Law Firm to initiate and complete such applications, negotiations and proceedings as the Law Firm may consider necessary, expedient and proper, having regard to all the facts and circumstances, including:

1. To advise Client as to the Canadian law governing Canadian immigration;
2. To assist Client in the preparation and submission of Client?s Citizenship and Immigration Canada and/or Human Resources and Skills Development Canada matters, procedures and/or applications;
3. To make representations on Client?s and Client?s family behalf to the Department of Citizenship and Immigration Canada and/or Human Resources and Skills Development Canada.

4. ACKNOWLEDGMENT. Client hereby acknowledges that the Law Firm does not guarantee the result or outcome of any immigration matter, procedure and/or application. Client further acknowledges that the outcome of any immigration matter, procedure and/or application is solely within the purview of the Canadian Immigration Authorities and/or Human Resources and Skills Development Canada and the Law Firm cannot guarantee the processing time of any application.

5. FURTHER ACKNOWLEDGMENT AND AGREEMENT. Client further acknowledges and agrees that any Legal Fees paid to Law Firm does not guarantee Client?s or Client?s family?s admission to Canada nor have any representations been made by the Law Firm that the success, result or outcome of any matter, procedure and/or application is guaranteed.

6. LEGAL FEES. Client agrees to pay the legal fees (in Canadian dollars unless noted otherwise) plus G.S.T. for the immigration matter stated in Clause 2 of this Agreement plus all applicable disbursements plus G.S.T. per payment schedule tabulated as follows:

Initial Retainer:
(to commence work on the application)

US$550

Second Payment:
(after the Client has forwarded all forms and documents to Law Firm and following Law Firm?s completion of the preparation of the immigration matter, procedure and/or application but prior to the filing of the application to Citizenship and Immigration Canada, Canadian Consulate, Visa Post, and/or Human Resources and Skills Development Canada)

US$800

Final Installment:
(due 15 days following Law Firm?s approval and/or receipt of any Client?s immigration matter, procedure, document, and/or application from Citizenship and Immigration Canada, Canadian Consulate, Visa Post, and/or Human Resources and Skills Development Canada)
US$500

Disbursements:
(incidental costs relating to the preparing and completing any Client matter, procedure and/or application, including, but not limited to expenses such as photocopying charges, courier charges, long distance telephone calls, taxi cab charges, and/or facsimile transmissions)

$50

Total: US$1,850

Grand Total:
US$1,850

7. GOVERNMENT FEES. Client agrees to pay the full Processing Fees and Record of Landing Fees with respect to Client?s application for permanent residence, as follows:
? Processing Fees: US$465 per adult and US$130 per child under 22 years old due at the time the application for permanent residence is completed by Law Firm, which monies are not refundable;
? Landing Fees: US$ 820 per adult 22 years and older, due after a successful completion of an interview (if any) and prior to receiving Client?s Record of Landing / Visa.

8. INTERIM STATEMENTS. Client agrees to pay all legal fees forthwith upon the Law Firm?s rendering of interim statements. Client consents that when such sums are paid to the Law Firm, the Law Firm may transfer such sums from any Trust Account of the Law Firm to any General Account of the Law Firm, to cover such accounts that have been rendered.

9. NO REFUND UPON WITHDRAWAL AND TERMINATION OF LEGAL SERVICES. Client agrees that should he/she decide not to proceed with the matter, procedure and/or application stated in Clause 2 of this Agreement after the Law Firm has commenced preparation of the application package, then there shall be no refund of any legal fees for any work performed and rendered on an interim statement, whether or not Client has received such interim statement prior to or after deciding not to proceed with the matter, procedure and/or application stated in Clause 2 of this Agreement.

10. NO REFUND UPON FINDING OF INADMISSIBILITY. Client agrees that should the matter, procedure and/or application be refused on a finding of Inadmissibility in accordance with the Inadmissibly sections of the Immigration and Refugee Protection Act, then there shall be no refund of any legal fees for any work performed and rendered on an interim statement, whether or not Client has received such interim statement prior to or after deciding not to proceed with the matter, procedure and/or application stated in Clause 2 of this Agreement.

11. NO REFUND FOR FAILURE TO MEET MINIMUM ENGLISH PROFICIENCY. Client agrees that should the matter, procedure and/or application be refused for Client?s failure to demonstrate minimum standards of English proficiency by failing to obtain a score on an English exam that is acceptable to Citizenship and Immigration Canada to prove English proficiency, then there shall be no refund of any legal fees for any work performed and rendered on an interim statement, whether or not Client has received such interim statement prior to or after deciding not to proceed with the matter, procedure and/or application stated in Clause 2 of this Agreement.

12. CLIENT FURTHER ACKNOWLEDGES AND AGREES that in the event that immigration visas are issued to Client and/or Client?s family, the Law Firm will not release the visa(s) to Client until Client has paid the final account rendered by the Law Firm in accordance with the Legal Fees stated in Clause 6 of this Agreement.

13. DISBURSEMENTS. Client agrees to pay all disbursements incurred by Law Firm on Client?s behalf and upon receiving a statement for same, without regard to the success or outcome of Client?s matter, procedure and/or application stated in Clause 2 of this Agreement. Client agrees to pay all disbursements together with the Second Payment, in accordance to the table set out in Clause 6.

14. CONSENT TO DISCLOSURE OF INFORMATION. Client agrees that any information provided by Client to the Law Firm may be forwarded or communicated by the Law Firm to any governmental body or any official thereof, if required, as part of or in any way related to Client?s immigration matter, procedure and/or application stated in Clause 2 of this Agreement. Client hereby grants Law Firm irrevocable consent and authority for the disclosure of such information.

15. ACCURATE AND TRUTHFUL INFORMATION. Client agrees and acknowledges that all information which Client provides to Law Firm is truthful, accurate and that any inaccuracies with respect to same may seriously affect the approval of any procedure and/or application to the Canadian Immigration Authorities and/or Human Resources and Skills Development Canada.

16. RESCINDMENT OF AGREEMENT. Client agrees and acknowledges that the Law Firm reserves the right to rescind and revoke the retainer stated in Clause 6 of this Agreement at any time if the information given to either the Law Firm or the Canadian Government is found to be untruthful, misleading or false, or if any account rendered by the Law Firm remains unpaid upon reasonable notice.

17. INTERVIEW. Client acknowledges and agrees that in the event that Client?s application is filed in a Canadian Consulate or Embassy, Client may be required to attend at an interview, if granted, at the location where Client?s application is filed but that attending said interview does not guarantee that Client?s application will be accepted.

18. CHANGE OF INFORMATION. Client agrees to inform the Law Firm of any communication received from the Canadian Government and to provide the Law Firm with any changes in information relating to Client?s address, employment, marital status or any other information or circumstance bearing on Client?s matter, procedure and/or application and that Client will execute forms as required and obtain all documents and information that may be necessary to the processing of Client?s immigration matter, procedure and/or application.

19. ASSESSMENT CRITERIA. Client agrees and acknowledges that having been advised by the Law Firm that the assessment of Client?s matter, procedure and/or application may not be assured under the current criteria applicable to that matter until such time as Client?s application is filed with Canadian Immigration Authorities and/or Human Resources and Skills Development Canada. Client further agrees and acknowledges that the Immigration Act gives officials of the Department of Citizenship and Immigration Canada the powers to retroactively assess applications which have been filed and that this could, if used, have a negative impact on Client?s application. The Law Firm shall not be held responsible or obliged to give refunds for any negative impact on Client?s application resulting from any changes in the Canadian immigration laws or regulations which take place during the processing of Client?s file.

20. GOVERNING LAW. Client acknowledges and agrees that this Agreement shall be interpreted and governed by the laws of Ontario, Canada.

21. COUNTERPARTS. Client acknowledges and agrees that this Agreement may be signed and completed in any number of counterparts. Each of those counterparts shall be an original with the same effect as if all the signatures were on the same instrument.

22. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between and among Client and Law Firm with respect to the Legal Services stated in Clause 2 of this Agreement. Client further acknowledges and agrees that this Agreement supersedes all other Agreements regarding the Legal Services stated in Clause 2 of this Agreement.

23. SEVERABILITY. If any Clause or any part of any Clause of this Agreement is for any reason held to be invalid, unenforceable or contrary to any public policy, law, statute or ordinance, then the remainder of this Agreement shall remain valid and fully enforceable.

24. PAYMENT OF LEGAL FEES. Client agrees to pay all outstanding legal fees and disbursements incurred on Client?s file if this Agreement is terminated by Client or by Law Firm in accordance with this Agreement.

[07-03-2008,21:21]
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