The Termination of Retainer agreement is a crucial document used in Canadian legal practice when ending a professional relationship between a lawyer/law firm and their client. It becomes necessary when either party wishes to conclude the legal representation, whether due to completed matters, client request, conflict of interest, or other professional considerations. This document must comply with provincial law society regulations and professional conduct requirements, which vary by province but generally maintain consistent core elements. The agreement typically includes provisions for handling outstanding fees, returning client materials, maintaining confidentiality, and managing any ongoing matters. It's particularly important in protecting both parties' interests and ensuring a clear record of the professional relationship's conclusion while maintaining compliance with Canadian legal professional standards and ethical obligations.
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1. Parties: Identification of the lawyer/law firm and the client
2. Background: Brief overview of the existing retainer relationship and the context for termination
3. Definitions: Key terms used throughout the agreement including 'Retainer', 'Services', 'Outstanding Fees', etc.
4. Effective Date of Termination: Specific date when the professional relationship will end
5. Outstanding Matters: List of ongoing matters and their current status
6. Financial Settlement: Details of final billing, outstanding fees, and trust account reconciliation
7. Return of Client Materials: Process and timeline for returning client files and documents
8. Confidentiality Obligations: Ongoing duties regarding confidential information post-termination
9. Professional Obligations: Lawyer's continuing professional obligations and limitations
10. Mutual Release: Release of claims between parties, subject to professional obligations
11. Execution: Signature blocks and date of agreement
1. Transfer of Files: Details of file transfer process to new counsel, used when client has retained new representation
2. Court Proceedings: Required when there are pending court matters, including details of removal from record
3. Intellectual Property: Needed when dealing with matters involving IP rights or patent/trademark applications
4. Continuing Obligations: Used when certain matters require ongoing attention or transition period
5. Dispute Resolution: Optional mechanism for resolving any post-termination disputes
6. Insurance Claims: Required when there are ongoing insurance matters or potential claims
1. Schedule A - Financial Statement: Detailed breakdown of final accounts, including fees, disbursements, and trust account balance
2. Schedule B - File Inventory: Complete list of client files, documents, and materials to be returned
3. Schedule C - Ongoing Matters Summary: Detailed status report of all ongoing matters and next steps required
4. Appendix 1 - Handover Checklist: Checklist for ensuring all necessary steps in the termination process are completed
5. Appendix 2 - Contact Information: Details for future correspondence and new counsel's information if applicable
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