Terms And Conditions Of The Professional Services Agreement
Terms And Conditions Of The Professional Services Agreement
Scope of our work
We will always act on your behalf to the best of our ability. We will use our best professional judgment in advising you of the eventual outcome of the matter you entrust to us. You assure us of your full cooperation and agree to provide us promptly with all the information known to you and obtainable by you that is relevant to the case we are handling for you.
The person responsible for your file is available to discuss any matter relating to your case with you.
Fees and disbursements
The new Code of Civil Procedure stipulates that “the creditor shall transmit to the bailiff, with instructions, the sums necessary for execution” (art. 680, 3rd paragraph). Our fees, paid by you but claimed from the debtor, are set out in the Tariff of fees and transportation costs of bailiffs (chapter H-4.1, r. 14) adopted under the authority of section 13 of the Act respecting bailiffs (R.S.Q., c. H-4-1) or any other regulation adopted by the government under the authority of any other law.
Our fees, which are assumed solely by you and are not claimed from the debtor, are suggested by the Chambre des huissiers de justice du Québec pursuant to a resolution of the Board of Directors under the authority of paragraph 12 of section 86.0.1 of the Professional Code (R.S.Q., c. C-26). These fees are agreed with you in advance in this professional services agreement.
We draw your attention in particular to the hourly rate applicable to article 5 of the said tariff.
Article 5: The bailiff may claim an hourly rate of $148 for the time spent performing a service, with each fraction of an additional hour being calculated in proportion to the entire hour.
Disbursements incurred in carrying out the mandate you have entrusted to us include certain services such as photocopies, faxes, special mailing costs, long-distance telephones and legal or publication disbursements.
Our invoices will clearly distinguish between the different categories of fees, like the bailiffs’ professional fees as provided for in the tariff, extra-judicial fees and disbursements. On request, we will be happy to estimate the fees and disbursements relating to the case. However, it is often difficult to predict the amount of work required and the steps necessary to complete a mandate, and the ultimate cost may be more or less than anticipated.
Consequently, unless otherwise agreed in writing, we give no assurance as to the maximum amount of fees and disbursements required to complete a file, and payment of our fees and disbursements is not conditional on the result obtained.
All fees and disbursements must be paid from advances deposited in trust with us.
You authorize us to use e-mail, a non-secure means of communication, to send you information. You may withdraw this authorization upon five days’ written notice.
Termination of the agreement
Either of us may terminate this agreement at any time for cause, subject, as far as we are concerned, to the relevant ethical rules of professional conduct. For your information, these rules include, but are not limited to, articles 12 and 13 of the Code of Ethics of Judicial Officers:
12. A bailiff may not, except for serious reasons, cease or refuse to act on behalf of a client. The following in particular constitute serious grounds:
- 1° the loss of the client’s trust;
- 2° the client’s lack of cooperation;
- 3° the fact that the bailiff is in a situation of conflict of interest or in a context where his professional independence could be called into question;
- 4° incitement by the client to perform illegal, unfair or fraudulent acts;
- 5° the client’s failure to pay his fees and disbursements on a regular basis.
13. Before ceasing to act on behalf of a client, the bailiff must first inform the client of the reason for and time at which he will terminate his services. He must give such notice within a reasonable time having regard to the circumstances and take the necessary measures to avoid serious and foreseeable prejudice to the client.
Should we unilaterally terminate this agreement, we will notify you in writing in accordance with article 13 above.
Fees And Disbursements / Creditor’s Deposit
The requested credit card deposit is an estimate for the first stage. The cost may be higher or lower than the estimate. Necessarily, the number of steps required by the file, disbursements and the distance to be traveled can have a direct effect on costs.
The $200 file opening fee, which is included in the deposit, as well as the costs of vacation, production and issuance at the courthouse will be assumed by the creditor and cannot be claimed from the debtor, unlike other legal fees that may be claimed by the creditor from the debtor.
If, during the course of the project, we are obliged to postpone the project due to legal proceedings, the invoice for the work will be issued at that time and forwarded to you for payment, deducting the amount of the deposit received.
All invoices sent to the creditor are payable on receipt.
Any balance to be paid at the time of final invoicing of the file will be charged to the credit card provided on the deposit form, within 15 days of its closing call and after notifying me. The file will be sent to you by e-mail. An interest of 5% annual will be added to any unpaid invoice, 30 days after the invoice date.
Remittance Of Amounts Received
If sums are to be remitted to the creditor, they will be remitted either by direct deposit with a specimen cheque received by the creditor, or by cheque if necessary.
