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Sutton Secur

LEGAL SUPPORT SERVICES MANDATE (COMMERCIAL)

This mandate is confirmed by the certificate holder when submitting a request for legal assistance. The client’s name, the firm and lawyer responsible, the certificate number, the nature of the mandate and the file opening date are those indicated in the assistance request and in the file opening confirmation.

PREAMBLE

WHEREAS this Mandate confirms the terms of the mandate I have given to the Lawyer, in accordance with the Terms and Conditions of the Sutton Secur certificate;

WHEREAS the Lawyer is a member in good standing of the Barreau du Québec and of the Sutton Secur program, and represents and warrants that the Lawyer will comply with the conditions of the program;

WHEREAS the purpose of the Sutton Secur program is to allow me to lead the resolution of my dispute while benefiting from real-time legal support from the Lawyer, including drafting assistance, real-time interpretation of documents and the preservation of my remedies;

THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. NATURE AND SCOPE

1.1 Role of the Lawyer. The Lawyer:

  • assists me in drafting, reviewing and correcting my communications, demand letters, proceedings, settlement offers and other documents;
  • interprets and explains to me, in real time, the documents I receive or am about to send;
  • advises me on strategy, the available options, the risks and the foreseeable consequences of each step;
  • informs me of the applicable time limits the Lawyer is aware of, including prescription, forfeiture and procedural deadlines, so that I can preserve my remedies;
  • prepares me to negotiate.

2. FILE OPENING FEE

2.1 A file opening fee of ONE HUNDRED FIFTY DOLLARS ($150.00), plus applicable taxes, is charged to my account when the file is opened. This fee covers the administrative opening of the file, the conflict of interest check, the setup and document management of the file, printing, scanning, internal messaging and archiving.

2.2 This fee is in addition to the Certificate and does not reduce the credit of FOUR THOUSAND DOLLARS ($4,000.00), taxes included, allocated to support fees. It is payable by me when the file is opened and is non-refundable once the file is opened, even if I choose not to proceed with my file.

3. CERTIFICATE CREDIT AND FILE PHASES

3.1 The Certificate of FOUR THOUSAND DOLLARS ($4,000.00), taxes included, is divided among the three phases described below. All amounts indicated for the phases are expressed taxes included and are charged directly to the Certificate, so that the total of the three phases corresponds exactly to the amount of the Certificate.

3.2 Fees and disbursements are not covered by the Certificate and remain my responsibility, including bailiff fees, registered mail, court stamps, stenographer, courier, expert, translation and external printing costs.

PHASE 1: Demand letter and direct resolution of the dispute

A credit of up to ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) is allocated to the following services:

  • review of my file;
  • the legal verifications required at this stage;
  • assistance in drafting my demand letter, as well as advice on how to send it, serve it and obtain proof of receipt;
  • preparation for communications and negotiations with all parties;
  • real-time review of responses, offers and documents, as well as assistance in drafting responses;
  • assistance in drafting a transaction or settlement agreement, where applicable, and advice on its effects and release.

This phase covers the period from the date this Mandate is signed until the parties reach an agreement or discussions are abandoned. The rest of the file is governed by the phases below.

PHASE 2: Originating application

If I decide to take legal action, a credit of up to ONE THOUSAND SIX HUNDRED DOLLARS ($1,600.00), taxes included, is allocated to the following services:

  • assistance in drafting the originating application, my summons and my list of exhibits;
  • explanation of the applicable rules of procedure, time limits and court office requirements;
  • assistance in drafting the case protocol, incidental applications and my responses to the proceedings I receive;
  • preparation of my notification, service and filing steps with the court office.

This credit applies to support fees, excluding fees and disbursements (court stamps, bailiff fees, stenographer, courier, printing, etc.), which remain my responsibility.

PHASE 3: Trial preparation

Once the trial date is set by the court, a credit of up to ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00), taxes included, is allocated to the following services:

  • 1. preparing the trial, witnesses and exhibits, if necessary;
  • 2. preparing me for the trial, including examination, cross-examination and pleading.

I understand that the Lawyer cannot represent me before the Small Claims Division of the Court of Québec, which has jurisdiction over claims that do not exceed the Small Claims threshold in effect ($15,000, subject to annual indexation).

Balance, carry-over and value of the Certificate

3.3 The unused balance of a phase remains available on the Certificate and may be applied to a subsequent phase or, in accordance with section 4, to an authorized direct intervention. The Certificate is not refundable in cash, has no monetary value outside the Sutton Secur program, is not transferable and cannot be carried over after my file is closed.

4. DIRECT AND URGENT INTERVENTION BY THE LAWYER

4.1 Circumstances. Circumstances may arise where direct and urgent intervention by the Lawyer is required to prevent irreparable harm to my rights, including: the imminent expiry of a prescription or forfeiture period; an application for an injunction, safeguard order or provisional measure; a seizure before judgment; a notice of hearing on short notice; an imminent default judgment; or any other urgent situation identified by the Lawyer or by me.

4.2 Outside the support mandate. Such direct intervention is not part of the support services described in section 1. The related fees are first charged to the unused balance of the Certificate, if any, and then billed in addition to the Certificate credits and payable by me.

4.3 Applicable rate. Direct intervention is billed at the firm’s regular hourly rate then in effect, currently THREE HUNDRED DOLLARS ($300.00) per hour, plus applicable taxes, fees and disbursements. The preferred hourly rate of $250.00 per hour provided for in this Mandate applies only to support services.

4.4 Prior written authorization. No direct intervention is undertaken and no fees are incurred for it unless the Lawyer has first:

  • 1. informed me of the nature of the required intervention, its urgency and the foreseeable consequences of not acting;
  • 2. provided a written estimate of the foreseeable fees, costs and disbursements;
  • 3. obtained my written authorization, which may validly be given by email.

The authorization specifies the scope of the authorized intervention and the maximum amount authorized. The Lawyer may not exceed this amount without obtaining a new written authorization.

4.5 Refusal or no response. If I refuse to authorize a direct intervention or do not respond within the reasonable time indicated by the Lawyer given the urgency, the Lawyer does not intervene and confirms this refusal or lack of response to me in writing. I then remain fully responsible for the consequences of my inaction.

4.6 Separate mandate confirmation. An authorized direct intervention may require a separate mandate confirmation, in particular for the Lawyer’s appearance in the court record, representation before the court or any appeal mandate.

5. REAL-TIME SUPPORT AND PRESERVATION OF MY REMEDIES

5.1 Time limits and prescription. The Lawyer informs me of the applicable time limits the Lawyer is aware of, based on the information and documents I provide. I acknowledge that the Lawyer cannot advise me of a time limit the Lawyer is unaware of because the relevant information or document was not received.

5.2 Duty to forward. I agree to forward to the Lawyer without delay any proceeding, notice, demand letter, correspondence from the opposing party and any document received in connection with my file, and to inform the Lawyer without delay of any development.

5.3 Carrying out the steps. It is my responsibility to carry out in a timely manner the steps recommended by the Lawyer to preserve my remedies, including sending a notice of defect or a demand letter, filing a proceeding or filing a document with the court office. The Lawyer does not manage my procedural calendar and is not responsible for any time limit I allow to expire.

5.4 Decisions. All decisions regarding my file are mine. The Lawyer’s advice is based on the information and documents I provide, whose accuracy and completeness are my responsibility.

5.5 Draft documents. Documents prepared with the Lawyer’s assistance are given to me as drafts. I review them, approve them and send them under my sole signature. They are not documents issued by the Lawyer’s firm and do not bind the Lawyer toward third parties.

6. CONFLICTS OF INTEREST

I acknowledge that the Lawyer has searched my name among the Lawyer’s other clients to verify whether representing me would create a conflict of interest. This search was carried out using my name and the other names I provided to the Lawyer before signing this Mandate. I agree to inform the Lawyer immediately if I use other names or have affiliated companies that I want the Lawyer to check for possible conflicts.

If a conflict arises during this Mandate and the Lawyer becomes aware of it, the Lawyer will promptly notify me and try to help resolve the conflict. If such a conflict cannot be overcome, the Lawyer will have the right to continue supporting me, to support the others or to withdraw completely. In that case, I may need to retain a separate lawyer.

7. TERMINATION OF SERVICES

The Lawyer reserves the right to stop providing services and to end this Mandate for any reason consistent with the applicable rules of professional conduct, including an unforeseen conflict of interest, non-payment of fees and costs incurred on my behalf, or my inability or refusal to cooperate with the Lawyer at any time during the Mandate.

I may terminate this Mandate at any time and for any reason. If I terminate or the Lawyer terminates this Mandate, I agree to pay all undisputed legal fees owed as of the termination date, as well as all services and costs incurred. The Lawyer will extend every professional courtesy to my new lawyer if replaced, including handing over my complete file.

8. CLIENT RESPONSIBILITIES

I agree to be truthful with the Lawyer, to cooperate with the Lawyer, to keep the Lawyer fully informed of all developments in my file, to comply with this Mandate and to pay the Lawyer’s invoices promptly.

I personally agree to and mandate the Lawyer for the professional services to be provided and, in the event of joint proceedings or proceedings on behalf of a business or a third party at first instance, this undertaking is personal, joint and several, without benefit of discussion or division, and I assume it entirely as my personal matter. An additional mandate confirmation will however be required for any desired appeal proceedings.

9. BILLING, DISBURSEMENTS AND INTEREST

9.1 All disbursements incurred in carrying out this Mandate are in addition to the fees. It is agreed that invoices for fees and disbursements are payable upon receipt. However, if an amount remains unpaid thirty (30) days after the invoice date, it is agreed that the unpaid portion bears interest at the rate of TWELVE PERCENT (12%) per year from the invoice date.

9.2 The Lawyer sends me, on request and at least at the end of each phase, a statement of account showing the services provided, the time spent, the amounts charged to the Certificate, the amounts billed in addition and the remaining balance of the Certificate.

10. MISCELLANEOUS PROVISIONS

10.1 This Mandate constitutes the entire agreement between the parties with respect to the matters it covers and supersedes any prior negotiation or agreement, the parties formally waiving any reliance on the discussions that preceded its signature. The parties further agree that this Mandate takes precedence over any inconsistent provision in the articles, by-laws and any other agreement.

10.2 When my file is no longer active, I understand that the Lawyer will keep it for a period of SEVEN (7) years from the date it is closed. I authorize the Lawyer to destroy all documents in my file after this SEVEN (7) year period, including original documents, subject to my right to retrieve the documents that belong to me by sending a written request to that effect to Légal Logik Inc. before the end of the SEVEN (7) year period.

10.3 This Mandate binds the parties and their respective successors, assigns, heirs and personal representatives.

10.4 This Mandate is governed by and interpreted in accordance with the laws in force in the Province of Québec.

I declare that I have read this document, understood its scope, received a copy and agree with the terms stated in it. I have been informed that this Mandate may be revoked by written notice at any time, upon payment of all amounts owed to my lawyer.

INDIVIDUAL SIGNATORIES ARE PERSONALLY, JOINTLY AND SEVERALLY LIABLE FOR FEES, DISBURSEMENTS AND INTEREST, INCLUDING WHERE THE CLIENT IS A LEGAL PERSON.