• 5th Annual Advocacy Skills Workshop

    February 1st, 2018
    12:00 p.m. - 3:00 p.m.
    7th Floor Jurors' Lounge
    John Sopinka Courthouse
    (45 Main Street East, Hamilton)

    Read more

  • 16th Annual Estates & Trusts Seminar

    February 8th, 2018
    1:00 p.m. - 4:30 p.m.
    Sheraton Hamilton Hotel - Grand Ballroom
    (116 King Street West, Hamilton) 

    Read more

  • 13th Annual Commercial Litigation Seminar

    February 21st, 2018
    9:00 a.m. - 1:45 p.m.
    Sheraton Hamilton Hotel - East Ballroom
    (116 King Street West, Hamilton)

    Read more

  • Looking for a Lawyer in Hamilton?

    Search our Membership Directory by:
    First & Last Name
    Area of Law
    LSUC Certified Specialist
    Language other than English

    Read more

  • Looking for a legal job in Hamilton?

    Search our Careers Page for:
    Jobs for Lawyers & Support Staff
    Seeking jobs for Lawyers & Support Staff
    Seeking jobs for Articling & Summer Students
    Seeking Volunteer Positions

    Read more

Upcoming Events

    

Latest HLA News

Advertising & Fee Arrangements Issues Working Group Relative to Contingency Fees

Posted on: Sep 21, 2017

In its report to Convocation, the Working Group expressed a concern that there may be widespread non-compliance with the Solicitor’s Act relative to contingency fee agreements. Specifically, a concern was expressed that the requirements under the Solicitor’s Act and Regulations thereunder were not being adhered to by lawyers and paralegals. The Working Group quite rightly expressed the need to address any such non-compliance.

To the extent that there has been non-compliance with the Solicitor’s Act, and to the extent that any such non-compliance must be addressed in a serious way, FOLA would suggest that the horse pretty much bolted the barn with the release of the Court of Appeal decision in Hodge v. Neinstein1 on June 15th, 2017. If there is anything that is going to compel a licensee to adhere to the regulatory requirements of the Solicitor’s Act in their contingency fee agreements, surely the prospect of becoming a defendant in a class action proceeding brought by former clients is going to do the trick.

However, as the Working Group expressed, and as was addressed by the Court of Appeal in Hodge, the language in the Solicitor’s Act has created difficulties for lawyers and clients and these difficulties should be addressed. To that end, FOLA supports the concept of a mandatory, easily understood, contingency fee agreement (CFA). In combination between the chilling effect of the Hodge decision and a standardized CFA, FOLA suggests that much of the harm surrounding CFA’s will be addressed. As will be articulated ahead, FOLA has significant concerns over some of the Working Group’s recommendations and considerations, particularly relating to enhanced client reporting. Such considerations are likely to have very negative unintended consequences and, to some extent, would result in substantial unfairness to those licensees who are prepared to offer their services on a contingency fee basis.

FOLA will address the Working Group’s recommendations and considerations in the same order in which they were presented to Convocation in the Working Group’s Fifth Report.

CONTINUE READING

Contact

View All Job Opportunities
FOLA News

Advertising & Fee Arrangements Issues Working Group Relative to Contingency Fees

Posted on: Sep 21, 2017

In its report to Convocation, the Working Group expressed a concern that there may be widespread non-compliance with the Solicitor’s Act relative to contingency fee agreements. Specifically, a concern was expressed that the requirements under the Solicitor’s Act and Regulations thereunder were not being adhered to by lawyers and paralegals. The Working Group quite rightly expressed the need to address any such non-compliance.

To the extent that there has been non-compliance with the Solicitor’s Act, and to the extent that any such non-compliance must be addressed in a serious way, FOLA would suggest that the horse pretty much bolted the barn with the release of the Court of Appeal decision in Hodge v. Neinstein1 on June 15th, 2017. If there is anything that is going to compel a licensee to adhere to the regulatory requirements of the Solicitor’s Act in their contingency fee agreements, surely the prospect of becoming a defendant in a class action proceeding brought by former clients is going to do the trick.

However, as the Working Group expressed, and as was addressed by the Court of Appeal in Hodge, the language in the Solicitor’s Act has created difficulties for lawyers and clients and these difficulties should be addressed. To that end, FOLA supports the concept of a mandatory, easily understood, contingency fee agreement (CFA). In combination between the chilling effect of the Hodge decision and a standardized CFA, FOLA suggests that much of the harm surrounding CFA’s will be addressed. As will be articulated ahead, FOLA has significant concerns over some of the Working Group’s recommendations and considerations, particularly relating to enhanced client reporting. Such considerations are likely to have very negative unintended consequences and, to some extent, would result in substantial unfairness to those licensees who are prepared to offer their services on a contingency fee basis.

FOLA will address the Working Group’s recommendations and considerations in the same order in which they were presented to Convocation in the Working Group’s Fifth Report.

CONTINUE READING

Contact

View All Job Opportunities

HOLIDAY HOURS

December 20th - 21st | 8:30a.m. - 5:00p.m.
December 22nd | 8:30a.m. - 1:00p.m.
December 25th | Closed for Christmas
December 26th | Closed for Boxing Day
December 27th -28th | 8:30a.m. - 5:00p.m.
December 29th | 8:30a.m. - 1:00p.m.
January 1st | Closed for New Year's Day
January 2nd | Regular Hours Begin

Message from the President

One of the priority items to come out of the HLA Members Survey was that the membership wants us to work to improve the public image of lawyers. Indeed, if you search for lawyer quotes, you will have no trouble finding negative characterizations:

• “The trouble with the law is lawyers” (Clarence Darrow)

• “It is better to become a mouse in a cat’s mouth than a man in a lawyer’s hands” (Unknown, Spanish Proverb)

• “The first thing we do, let’s kill all the lawyers” (Henry VI, Part II, Act IV, William Shakespeare)

I decided to survey the Trustees with respect to their involvement in the community. The result was heartwarming. It produced the following list of organizations to which 10 members of the Board of Trustees have given their time in the last few years.....READ MORE


Robert Hooper, President 2017-2018

The Hamilton Law Association

The Association’s affairs are governed by trustees and officers who ensure that Association undertakings are within the mandate and in the best interests of our legal community. The many valued volunteers who are members of the numerous committees within the structure of the HLA strive to represent our membership consistently and effectively. The Anthony Pepe Memorial Law Library, operated within the scope of the HLA, is one of the largest law libraries in Ontario and houses over 30,000 volumes.

The Hamilton Law Association continues to strive to educate and support its membership in the practice of law as well as to advocate for their interests as lawyers...

The staff of the Hamilton Law Association (HLA) Library cannot provide legal advice or research to members of the public directly. The HLA Library is a private library for the use of its members, and members of the Law Society of Upper Canada only. For information on finding legal help in Ontario please try the Bora Laskin Law Library's Guide to Finding Legal Help in Ontario, or to search for a lawyer practising in the Hamilton area try the HLA Find a Lawyer page.

This Web site is not intended to provide legal advice. It is intended to supply general information to our members. The information contained and distributed on this site does not contain any legal opinions and does not necessarily reflect the opinions of the Hamilton Law Association.

Please send comments and suggestions to our Webmaster:

CONTACT:

Marica Piedigrossi, Executive Assistant & Social Media Coordinator

Tel: 905-522-1563
Fax: 905-572-1188
Email: mpiedigrossi@hamiltonlaw.on.ca

NoticeConnect 250x250_update (002)


 

Advertise Here
*SAVE 17% for a One-Year Commitment!*

Are you looking for a new place to advertise your business? 
Why not advertise on the new and improved HLA Website?
DOWNLOAD the 2018 Online Advertising Information Package
Please contact Marica Piedigrossi at 
for more information.