Ottawa, June 9, 2022 – The Canadian Bar Association introduced a comprehensive new toolkit to provide Canadian lawyers in private practice with commentary, resources and best practices with respect to the financial aspects of retainers. The CBA Retainers and Fees Toolkit also highlights some of the ethical obligations that arise with respect to retainers and fees.
While few lawyers would dispute the importance of engaging in effective communication with clients and potential clients, lawyers are often ill-equipped or reluctant to engage in discussions about the financial side of the relationship. The toolkit shares some best practices on how to communicate with prospective clients and how to deal with the financial aspects of retainers and provides some tools regarding fee arrangements and billing practices.
Quick facts
- The toolkit is an initiative of the CBA Ethics and Professional Responsibility Subcommittee.
- The toolkit consists of six sections: Communicating with Prospective Clients; Retainers – Dealing with the Financial Aspects; Fee Arrangements; Billing Practices; Disputes about Fees; and Ending the Client Relationship. Each section lists resources and references to rules.
- The references to rules throughout the toolkit are to the Federation of Law Societies of Canada’s Model Code of Professional Conduct.
Quotes
“Some lawyers might be reluctant to discuss financial matters with prospective clients, based on a concern that prospective clients may not want to hire them if they appear to be overly concerned with the financial aspects of the relationship. And sometimes, lawyers don’t have the skills or experience to engage in discussions about financial matters. The Toolkit is designed to give lawyers the tools they need to engage in effective communication with clients about the financial side of the relationship.”
- Katrina Haymond, Consultant, CBA Retainers and Fees Toolkit
“I want to praise the work done by the members of the Subcommittee, the writers, and the reviewers. This is a great tool for every lawyer in private practice and we hope this will empower them to have effective communications with their clients about retainers and fees, while highlighting some of the ethical obligations they should comply with.”
- Jennifer Biernaskie, Chair of the CBA Ethics and Professional Responsibility Subcommittee
About the Canadian Bar Association
The CBA is dedicated to support the rule of law and improvement in the law and the administration of justice. Some 36,000 lawyers, notaries in Quebec, law teachers and law students from across Canada are members.
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For more information, contact:
Vanessa Racine
Manager, Media Relations and Public Affairs
613-237-2925 x153
vanessar@cba.org