General Retainer Terms

Effective September 24, 2026

These General Retainer Terms form part of a Retainer Agreement entered into with the Law Office of Kalina & Tejpal, Professional Corporation where the signed Retainer Agreement expressly incorporates these terms.

For ease of reference, “Client” means the person or persons identified as clients in the signed Retainer Agreement. “Firm” means the Law Office of Kalina & Tejpal, Professional Corporation.

The version of these General Retainer Terms in effect when the Retainer Agreement is signed applies to that retainer. Subsequent changes to these terms do not amend an existing retainer unless the Client and the Firm agree otherwise in writing.

If there is any inconsistency between these General Retainer Terms and the signed Retainer Agreement, the signed Retainer Agreement governs.

1. Contact Information

The Firm's contact information is:

Law Office of Kalina & Tejpal, Professional Corporation
1325 Eglinton Avenue East, Suite 210
Mississauga, Ontario L4W 4L9

Telephone: 416-900-6999
Toll Free: 1-844-268-6477
Email: mail@lawyer4u.ca

2. Scope of the Retainer

The Firm is retained only for the legal services described in the signed Retainer Agreement.

Services or proceedings outside that description are not included unless the Client and the Firm enter into a further written agreement.

Where the signed Retainer Agreement is a limited-scope retainer, the Client understands that the Firm is responsible only for the services expressly included within that retainer. The Client remains responsible for matters outside its scope.

The Firm will advise the Client if circumstances arise that reasonably require reconsideration or expansion of the agreed scope. Any additional services and the fees for those services must be agreed upon before the additional work is undertaken, subject to any professional obligation requiring immediate action to protect the Client's interests.

3. Instructions and Authority

The Client is responsible for providing instructions to the Firm.

The Firm may rely upon instructions given orally or in writing by the Client unless circumstances reasonably require written confirmation.

No person who pays fees or expenses on behalf of a Client becomes a client of the Firm or acquires a right to provide instructions or receive confidential information merely because that person makes payment.

The Client may authorize the Firm in writing to communicate with another person concerning the matter. Such authorization does not make that person a client or authorize that person to provide instructions unless the Firm expressly agrees otherwise.

The Firm may assign work to lawyers, articling students, law clerks, administrative staff, agents or other persons acting under appropriate supervision.

Where an external expert, investigator, consultant or other professional service is reasonably required, the Firm will ordinarily advise the Client of the anticipated expense and obtain authorization before incurring a substantial expense.

4. No Guarantee of Result

The Firm may provide opinions about the Client's case, available options, risks and possible outcomes.

No lawyer can guarantee the outcome of a legal proceeding or application. Any opinion concerning a possible result is an expression of professional judgment based upon the information available at the time and is not a promise or guarantee.

Legal fees are payable for professional services performed and are not dependent upon obtaining a particular result unless a lawful written fee arrangement expressly provides otherwise.

5. Fees and Disbursements

The fee arrangement contained in the signed Retainer Agreement governs.

The Firm will charge only fees and disbursements that are fair and reasonable and that have been disclosed to the Client in a timely manner.

Unless otherwise provided in the signed Retainer Agreement:

a. HST is payable in addition to legal fees and taxable disbursements;

b. reasonable disbursements incurred on the Client's behalf are payable in addition to legal fees;

c. the Firm may render interim accounts as work progresses and a final account when the retainer ends;

d. accounts will distinguish legal fees from disbursements and applicable taxes; and

e. no interest will be charged on an unpaid account unless the applicable interest terms have been disclosed to the Client in writing.

Where circumstances materially change the expected amount or nature of the work, the Firm will discuss the change with the Client. A fee cap, block fee or other agreed fee arrangement will not be increased unilaterally.

The Client may exercise any right available under the Solicitors Act to have an account assessed, subject to the requirements and time limits imposed by law.

6. Money Held in Trust

Money received in advance for legal services that have not yet been performed will be held in the Firm's trust account as required by the Law Society of Ontario's rules and by-laws.

Advance retainers are not earned when received.

After legal services have been performed or disbursements properly incurred, the Firm may render an account and transfer from trust the amount properly payable under that account.

Any balance remaining in trust when the retainer ends will be dealt with in accordance with the Client's lawful entitlement and the Firm's professional and statutory obligations.

Where payment to trust is made by credit or debit card, any service charge, merchant fee or other banking expense payable by the Firm will not be deducted from money that is required to remain in trust. Any credit-card surcharge payable by the Client must be separately disclosed.

7. Client Responsibilities

The Client agrees to:

a. provide complete, accurate and truthful information;

b. promptly advise the Firm of material changes in circumstances;

c. provide documents and information requested by the Firm within the time reasonably requested;

d. remain reasonably available to provide instructions;

e. attend court, hearings, interviews, examinations, meetings or other proceedings when required;

f. advise the Firm promptly of any change in residential address, telephone number or email address; and

g. advise the Firm promptly of any deadline, notice, communication or document received directly by the Client that may affect the matter.

Failure to provide instructions, information or documents when reasonably required may restrict the Firm's ability to protect the Client's interests, comply with deadlines or continue acting.

Nothing in these terms relieves the Firm of any professional or legal responsibility that would otherwise apply to the services undertaken by the Firm.

8. Ending the Retainer

The Client may terminate the solicitor-client relationship at any time, subject to any requirements imposed by a court, tribunal or applicable law.

The Firm may withdraw from representation only where permitted by the Rules of Professional Conduct, applicable law and any direction or order of a court or tribunal.

Non-payment of fees or failure to replenish an agreed retainer may constitute grounds for withdrawal after reasonable notice where withdrawal is professionally and legally permissible. Special requirements governing withdrawal from criminal proceedings will apply to criminal matters.

Other circumstances that may justify or require withdrawal include a conflict of interest, material breakdown in communications, inability to obtain adequate instructions, material misrepresentation by the Client, persistent failure to cooperate in a material respect, or a request that the Firm engage in illegal or unethical conduct.

When the retainer ends, the Firm will account for money received, render an appropriate final account and return any trust funds to which the Client is entitled.

The Firm will take the steps required by its professional obligations concerning the Client's file and the orderly transfer of the matter to another lawyer where applicable.

9. Confidentiality and Solicitor-Client Privilege

The Firm will preserve the confidentiality of information concerning the Client in accordance with its professional obligations.

Solicitor-client privilege and the Firm's duty of confidentiality are not affected merely because another person pays the Client's legal fees.

The Client should avoid unnecessarily discussing the case or legal advice with third parties because doing so may adversely affect confidentiality, privilege or the Client's legal interests.

The Firm may disclose information where authorized by the Client or where disclosure is otherwise permitted or required by law or the Rules of Professional Conduct.

10. Electronic Communications

Communications may take place by email, telephone, videoconference, electronic messaging or other reasonable means.

Electronic communication involves risks including inadvertent disclosure, misdirection, unauthorized access, interception or technical failure. Reasonable safeguards will be used to protect confidential information, but complete security cannot be guaranteed.

By entering into the retainer, the Client consents to reasonable electronic communication with the Firm unless the Client advises the Firm otherwise.

Email is the Firm's preferred method for important instructions and transmission of documents. The Client agrees to maintain an active email address and to review communications from the Firm regularly.

Instructions or important documents sent through informal messaging services may be required to be confirmed by email or another reliable means.

11. Electronic Files, Cloud Services and Technology

The Firm operates substantially as a paperless office and may create, receive, transmit and store information electronically.

The Firm may use reputable third-party technology providers, cloud-based applications, legal research services, document-management systems and other electronic services in connection with the representation. Information may be stored or processed on servers located inside or outside Canada.

The Firm will take reasonable measures to protect client confidentiality and privilege when selecting and using technology.

The use of technology does not reduce the Firm's professional obligations to the Client.

12. Artificial Intelligence

The Firm may use artificial intelligence or other technology-assisted tools for appropriate tasks including document organization, summarization, research assistance, drafting assistance and administrative functions.

Any use of artificial intelligence remains subject to the Firm's obligations respecting confidentiality, privilege, competence, supervision and independent professional judgment.

A lawyer remains responsible for legal advice given to the Client. AI-generated material will be appropriately reviewed before being relied upon for legal advice, submissions or other substantive legal work.

13. Source of Funds and Regulatory Compliance

The Client represents that funds provided to the Firm are not knowingly derived from criminal activity.

The Firm may request information or documentation concerning the Client's identity, the source of funds or other matters where required by law, the Law Society of Ontario's by-laws or the Firm's professional obligations.

The Client agrees to provide information reasonably required for those purposes.

The Firm will not accept, receive, transfer or deal with funds in circumstances prohibited by law or the Law Society of Ontario's rules or by-laws.

14. Criminal Matters

This section applies where the Firm is retained in relation to a criminal or quasi-criminal matter.

The Client must attend court and other proceedings whenever attendance is required by law, by the court or by counsel. A Designation of Counsel or other authorization permitting counsel to appear without the Client does not eliminate the Client's obligation to attend whenever attendance is required.

A criminal charge or conviction may have consequences beyond the criminal proceeding, including possible immigration, employment, professional, licensing, travel, family, civil or other consequences.

The Firm will advise about such collateral consequences to the extent that they form part of the agreed retainer and fall within the Firm's competence. Where specialized advice outside the criminal retainer is required, the Client may be advised to obtain advice from a lawyer practising in the relevant area.

A Client who is not a Canadian citizen should advise the Firm because criminal proceedings may have consequences under Canadian immigration law.

A Client who identifies as Indigenous should advise the Firm of any circumstances that the Client wishes considered where Indigenous status, background or circumstances may be legally relevant.

The Client should also advise the Firm if the Client or any relevant witness requires an interpreter or accommodation.

Disclosure received in a criminal proceeding may be subject to restrictions imposed by law, court order, Crown policy, an undertaking, privacy obligations or the Firm's professional responsibilities. The Firm may be required to restrict the copying, distribution or retention of some disclosure. The Firm will explain any material restriction that affects the Client's access to disclosure.

The joint-retainer provisions in section 16 below do not apply to criminal matters. The Firm does not accept a joint criminal retainer for co-accused persons under these General Retainer Terms.

15. Immigration and Citizenship Matters

This section applies where the Firm is retained in relation to an immigration, refugee or citizenship application, proceeding or related matter.

The Client acknowledges that immigration programs, legislation, regulations, policies, processing practices and eligibility requirements may change while a matter is pending.

The Firm cannot guarantee approval of an application or any other particular result.

The Client is responsible for providing complete and truthful information and documentation. The Client must promptly correct any information previously provided that the Client later discovers is inaccurate or incomplete.

Providing false or materially misleading information may adversely affect an application and may constitute grounds requiring the Firm to withdraw. Withdrawal does not result in forfeiture of money held in trust. Fees remain payable only to the extent properly earned and billed.

Government departments and agencies may lawfully exchange information concerning an applicant. Information provided in an immigration or citizenship matter should therefore be accurate and consistent with information previously provided to governmental authorities.

Unless expressly included in the signed Retainer Agreement, the Firm is not retained to provide tax, family, employment, corporate, financial or foreign-law advice that may arise incidentally from an immigration matter.

16. Joint Retainers in Immigration and Citizenship Matters Only

This section applies only to immigration and citizenship matters. It does not apply to criminal matters.

A spouse, partner, child, parent, sponsor, employer or other person involved in an immigration application is not automatically a client of the Firm.

A joint retainer exists only where the signed Retainer Agreement expressly identifies two or more persons as clients of the Firm in the same immigration or citizenship matter.

Before accepting a joint retainer, the Firm will advise each proposed joint client that:

a. the Firm is being asked to act for all of them in the same matter;

b. information received from one joint client in connection with the joint matter cannot be treated as confidential from the other joint clients;

c. information material to the joint matter may therefore be shared among the joint clients;

d. each joint client is entitled to receive information concerning the matter;

e. if a conflict develops between the joint clients that cannot properly be resolved, the Firm may be unable to continue acting for one or more of them and may be required to withdraw from the joint retainer entirely; and

f. depending upon the circumstances, one or more clients may be advised or required to obtain independent legal advice or independent legal representation.

Where the Firm has a continuing lawyer-client relationship with one proposed joint client and not the others, the Firm will disclose that relationship as required by the Rules of Professional Conduct and recommend independent legal advice where required.

Each joint client must provide informed consent to the joint representation in writing. This may be accomplished by each joint client signing the Retainer Agreement containing or incorporating these terms or by separate written consent.

The Firm and the joint clients will identify who is authorized to provide routine instructions and communicate with the Firm. Designation of one person as the principal contact does not prevent the Firm from communicating directly with any other joint client and does not alter the Firm's duties to the other joint clients.

If circumstances arise in which the interests of the joint clients diverge materially, the Firm will determine whether continued joint representation is professionally permissible. The Firm will not prefer the interests of one joint client over another.

17. Immigration Applicants Who Are Not Clients

Where the Firm represents only one person in an immigration matter involving other applicants, family members, sponsors, employers or interested persons, those other persons are not clients unless expressly identified as clients in the signed Retainer Agreement.

Information received from a non-client may be used as reasonably necessary for the Client's matter, subject to applicable confidentiality and legal obligations.

A non-client involved in an application should obtain independent legal advice if that person's individual rights or interests require advice.

18. Privacy and Personal Information

The Firm may collect, use, retain and disclose personal information as reasonably necessary to provide legal services, operate the Client's file, comply with legal and professional obligations, administer accounts and protect the Firm's legitimate legal interests.

Personal information will be handled in accordance with applicable privacy law and the Firm's professional obligations.

Further information concerning the Firm's privacy practices may be contained in the Firm's privacy policy.

19. Communication and Client Service

The Firm will keep the Client reasonably informed about significant developments in the matter and will respond to reasonable communications as soon as practicable.

There may be periods during which little or no visible activity occurs because the Firm is awaiting disclosure, correspondence, governmental processing, a court date, a response from another party or some other event.

Court obligations, emergencies, trials, hearings and other professional commitments may occasionally delay a response.

The Client should advise the Firm if a matter requires urgent attention rather than assuming that an email or message has been reviewed immediately.

20. Entire Retainer and Changes

The Client's retainer consists of:

• the signed Retainer Agreement;

• these General Retainer Terms in the version incorporated by that agreement; and

• any later written amendment agreed to by the Client and the Firm.

Website articles, blogs, frequently asked questions, educational materials, office information and other general website content are provided for information and do not form part of the contractual retainer unless expressly stated otherwise in the signed Retainer Agreement.

No amendment to these General Retainer Terms posted after the Client signs the Retainer Agreement applies to that Client's existing retainer unless the Client and the Firm agree to the amendment in writing.

Law Office of Kalina & Tejpal, Professional Corporation
General Retainer Terms
Version 2026-09-24