Representation in Small Claims Court
I, hereby retain and instruct Azzouggagh & Balatidis Legal Services to advise me and act on my behalf with respect to all aspects of the issues outstanding between myself and the opposing party, including the negotiation of a Settlement, and, if necessary, the instituting of:
(a) Proceedings under the Small Claims Court Rules and other statutes affecting Civil matters;(b) Proceedings in the Small Claims Court; (c) Proceedings for assessment hearings and debtor examinations; (d) Proceedings for motions to resolve issues arising from the main action; (e) Proceedings in Small Claims Court that may be necessary to enforce or retain any rights I may have
I UNDERSTAND that I will be required to provide an initial retainer to Azzouggagh & Balatidis Legal Services in the amount of (as agreed upon), and that such retainer will be applied to fees and disbursements as they are incurred. I understand that no proceedings will be instituted or commenced until the retainer has been paid in full. Disbursements include but are not limited to, the items listed on Schedule “A”.
I UNDERSTAND that Azzouggagh & Balatidis Legal Services will render accounts to me, calculated on the basis of time spent on my file, on my behalf, and that such time will include, but not be limited to: all telephone calls, correspondence, Court appearances, Client and/or Agent meetings, preparation of pleadings, affidavits, legal research, and other necessary materials, and review of documents and other materials provided by me or the other party’s agent/solicitor. I further understand and agree that time spent on my behalf will be calculated in periods not less than 1/10th of an hour and that outofpocket expenses directly attributable to my file will be charged to me in addition to legal fees. I further understand that any outofoffice disbursements (e.g. court fees, travel expenses and process serving fees, etc.) incurred by Azzouggagh & Balatidis Legal Services, directly attributable to my file, will be due and payable by me immediately upon confirmation of an estimate in respect of such anticipated disbursements, if possible, and if not, immediately upon receipt of such invoice.
I UNDERSTAND AND AGREE that Azzouggagh & Balatidis Legal Services will render interim accounts to me from time to time and that the hourly rate of $100.00 per hour may be increased on written notice to me.
I UNDERSTAND AND AGREE that, in the event I have any questions, concerns or disagreement with respect to any interim account, I will discuss this matter with Azzouggagh & Balatidis Legal Services, forthwith, and before further time is spent on my file, to resolve the issue. If I do not contact Azzouggagh & Balatidis Legal Services, in writing regarding any interim account within 30 days of receipt of same, I acknowledge and agree that I have accepted such interim account as fair and reasonable in the circumstances, and that I do not dispute the work done or fee charged.
I UNDERSTAND AND AGREE that interim accounts will be paid promptly, and any accounts outstanding more than thirty (30) days after their date will bear interest as stated on the invoices. I understand that failure to pay my interim account, or to make such arrangements for payment as may be satisfactory to Azzouggagh & Balatidis Legal Services, shall result in my file being held in abeyance until such account has been paid, or such arrangements have been made.
I UNDERSTAND that from time to time Azzouggagh & Balatidis Legal Services may request an additional retainer to cover the cost of pending proceedings and I AGREE to pay such retainer upon request, and I UNDERSTAND that failure to pay such retainer may result in the cancellation of such further representation in the proceedings.
I UNDERSTAND AND AGREE that at all times I shall ensure that there shall be a minimum of $500.00 balance in my trust account and that my interim accounts shall reflect the amount that I must pay to bring my account and retainer into good standing.
I UNDERSTAND AND AGREE that I will renew my financial retainer upon request when it is exhausted. I also authorize Azzouggagh & Balatidis Legal Services to deduct any unpaid fees and disbursements on my file, from any settlement or costs I may recover.
I HEREBY AUTHORIZE Azzouggagh & Balatidis Legal Services from time to time to transfer to their general account funds toward their fees and disbursements from any retainer I may give them.
I FURTHER UNDERSTAND that unless otherwise confirmed in writing, Azzouggagh & Balatidis Legal Services shall not be required to attend any hearings, settlement meetings, examinations or to initiate any Court proceeding, without a minimum retainer in an amount to be determined by Azzouggagh & Balatidis Legal Services.
I UNDERSTAND AND AGREE that in the event that I wish to have my retainer refunded (in part or in full) Azzouggagh & Balatidis Legal Services requires proof of clearance from the bank and/or credit card company before the credit can be processed. Furthermore, if my refund is requested within the first 30 days of my retainer with Azzouggagh & Balatidis Legal Services, an administrative fee of 10% will be charged on the initial retainer amount.
I UNDERSTAND that my refusal to accept and follow the advice of Azzouggagh & Balatidis Legal Services and my failure to comply with the terms of this retainer shall be sufficient grounds for Azzouggagh & Balatidis Legal Services to cease to represent me and Azzouggagh & Balatidis Legal Services’ release from this retainer shall be effective immediately upon written notice to me.
I acknowledge receipt of a copy of this Retainer and I further acknowledge that I understand and agree with its contents.
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Document Name: Representation in Small Claims Court
Agree & Sign