自本人宣称这个诉讼已进入临门一脚以来，一晃四个月左右过去了，真是光阴如梭啊。可是这一脚，却迟迟未射。支持和关注的朋友很给面子，一直都连问都没问一句。但我很清楚，你们心里都有一个简单的问题：怎么回事？其实我自己是最急的，切望能及早给大家一个交代。但吸取了以前的教训，没有确切的消息，宁愿什么都不说。昨天终于收到律师的合约草案，总算可以有个确切的消息报告大家了。
不过律师换了。以前那个律师早已应承起草合约，却一直没影，又不说不干了。不是第一次跟律师打交道了，这种做法却闻所未闻。本来因为他j接案前态度不错，一直下不了决心换将。但在差不多两周前终于觉得不能再等了，再等要误事。给了他的时间够多的了，换将只能怪他自己。于是开始接触另两家以前表示过有兴趣的律师行。昨天收到的合约草案就是其中的一家发来的。有了这个草案，剩下的就只是对其条款进行磋商，达成一致意见了。这种合约都是标准的，不会有重大分歧，只是有些细节需要推敲。这不能不说是一个重大进展，所以第一时间向大家报告。但不再作时间上的预测了，终于发现打官司是很难确定进程的时间长度的。草案附在后面，请懂法律的大侠多多指教：
MI Bennett
Jones
Ranjan K. Agarwal
Pa rtner
Direct Line: 416.777.6503
[email protected]
Our File No,: 066290.00005
Bennett Jones LIP
3400 One First Canadian Place, PO Box 130
Toronto, Ontario, Canada MU 1A4
Tel: 416.863.1200 Fax: 416.863.1716
November 23, 2015
Via E-Mail
Mr. Xiaolin Zhong
Dear Mr. Zhong:
Re: Sex Ed Curriculum Challenge — Written Letter of Engagement
We are pleased that you have decided to engage Bennett Jones LLP ("Bennett Jones") to assist in
connection with this matter. We are writing to explain the scope of the legal services that we will
provide, the professional fees and expenses that we will charge, and to confirm the terms of our
engagement.
Client. We have been engaged by Xiaolin Zhong (the "Client" or "you") to perform the services
described below. This retainer does not create a solicitor-client relationship with other parties related
to you (for example, parents, subsidiaries, affiliates, employees, officers, directors, shareholders, or
partners) or involved in the group of concerned citizens that you represent or the steering committee
which we understand has been formed.
Scope of Engagement. We confirm that you have retained us as counsel to perform the following
services on your behalf. We will represent you in seeking to challenge the constitutionality of the
sexual education curriculum introduced by the Government of Ontario (the "Retainer").
Client Liaison and Firm Liaison. We understand that you will be our primary contact for
furtherance of this engagement and that Ranjan Agarwal will be the firm lawyer responsible for this
engagement at Bennett Jones.
Staffing and Hourly Rates. Our time and expenses will be charged, as described in this letter and
the attached Terms of Engagement, at hourly rates which are applicable to each lawyer and staff
member assigned to work on the matter, as established by our firm from time to time. The current
hourly rates of the lawyers who, at this time, have been identified as likely to work on this
engagement are as follows:
Lawyer Hourly Rate
Ranjan K. Agarwal $690
Gannon G. Beaulne $405
www.bennettiones.com
November 23, 2015
Page Two
We may also assign other lawyers or paralegals in the firm to work on certain aspects of this matter,
as needed, and the current hourly rate for other lawyers and paralegals are as follows:
Lawyers or Paralegals Range
Partners $525-$775
Associates $350-$460
Paralegals and Students $120-$230
Our hourly rates are subject to periodic reviews and adjustment, and we reserve the right to revise
our hourly rates in accordance with such general reviews. The hourly rates noted for this engagement
will not be adjusted prior to the end of this calendar year.
Confidentiality and Conflicts. Given the size of our firm, its multiple offices and numerous clients,
it is necessary to clearly address issues of confidentiality within the firm and conflicts among clients.
The firm and lawyers of the firm keep the confidences of clients. We assure you that the information
on this file will be kept confidential and will not be disclosed, beyond what is required for carrying
out the mandate or required by law, to anyone outside the firm. In common with our treatment of all
confidential information, at no time will any confidential information be disclosed or used for the
benefit of any other client.
The firm has some clients that it acts for on a general basis and others whom it advises on discrete
matters. It is possible that adverse relationships (including litigation) may exist or may develop in
the future between you and other Bennett Jones clients, In retaining Bennett Jones, you consent and
agree that Bennett Jones may represent other clients (some of whom engage in business activities
which may be competitive with you) on matters that may be considered adverse to your interests, as
long as Bennett Jones has not been engaged by you on specific matters in respect of which the other
client seeks representation, and you agree that you will not assert that Bennett Jones' representation
in connection with this engagement constitutes a basis for disqualifying Bennett Jones from
representing other clients in any other matters whether or not adverse to your interests.
Disclosure. In order to enable us to render effectively the legal services contemplated, you have
agreed to disclose fully and accurately all facts and keep us informed of all developments relating to
the Retainer. We necessarily must rely on the accuracy and completeness of the facts and
information you and your agents provide to us.
Withdrawal or Termination. Our relationship is based upon mutual consent and you may terminate
our representation at any time, with or without cause, by notifying us. Your termination of our
services will not affect your responsibility for payment of fees for legal services rendered and of
additional costs incurred before termination and in connection with an orderly transition of the
matter.
We are subject to the rules of professional conduct applicable in the jurisdictions in which we
practice. These rules list several types of conduct or circumstances that require or permit us to
withdraw from representing a client, including, for example, nonpayment of fees or costs,
November 23, 2015
Page Three
misrepresentation or failure to disclose material facts, fundamental disagreement, and conflict of
interest with another client. We will try to identify in advance and discuss with you any situation that
may lead to our withdrawal, and, if withdrawal ever becomes necessary, we will give you written
notice of our withdrawal.
If we are required or elect to withdraw for any reason, you agree that you will take all steps
necessary to free us of any obligation to perform further professional services, including the
execution of any documents necessary to complete our withdrawal, and we will be entitled to be paid
for all services rendered and additional costs accrued on your behalf to the date of withdrawal.
If this letter and the attached Terms of Engagement for Legal Services correctly reflect your
understanding of the terms and conditions of the Retainer, please so indicate by executing the
enclosed copy of this letter in the space provided below and return it to the undersigned.
Yours truly,
BENN T JONES LLP
Ranj a
Understood and Agreed
this day of November, 2015
By:
Client
Attachment — Terms of Engagement |
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