Seminar ID

ION-2019-11-07

Date and time

Thursday, November 7, 2019 at 14:00 EST see it in calendar

Attendance

• recording

Languages

• in English

CPD hours

Venue

Webinar
Capacity: 150

Description

By webinar only

1. The initial discussion with the client – importance of discussing fees up front – how to address the issue of fees – how to record what was agreed upon

2. The retainer agreement – best practices – identifying the client as well as the payor, clear explanation of disbursements, signature and initialing every page

    a. Retainers involving corporate matters. Who is the appropriate client?

    b. Third-party payors

3. Scope creep – importance of clear instructions and new discussion of fees every time – possible new retainer agreement for each new matter

   · EE Example. Different retainers for different stages

4. Monitoring the trust account – importance of regularly checking to ensure funds are in trust before work is done

5. Docketing and keeping good records – keeping track of time spent and work performed, in case account is later challenged

6. Importance of regular billing – avoid surprise large accounts, put client on notice from the beginning that payments are important and you are on top of them

7. Importance of detailed account statements – clear explanations of exactly what was done, justify the account statement

8. Don’t forget disbursements

9. Monitoring account receivables – regular checking to see if accounts are fully paid up – let clients see that you are on top of unpaid accounts

10. Delinquent accounts – how to properly discuss accounts with clients – find out what is preventing the payment (are they unhappy, indigent, just don’t want to pay?) – how to defuse tension – making and keeping payment plans

11. Withdrawal of services – optional withdrawal circumstances, how to properly execute the withdrawal in accordance with Code

12. Collection agencies – are they worthwhile?

13. Small claims actions

      Jurisdiction - $35,000 in January 1, 2020

      Limitation period

· Plaintiff’s Claim

o Nature of claim for recovery of unpaid fees, parties, contractual liability

o Not putting in the record more than allowed to disclose for the purpose of collection

· Defendant’s Claim for breach of contract or negligent services

· Strategies for early settlements and settlement offers

14. When to call it quits – writing off accounts, when to know it’s not worth it anymore

15. ICCRC Code in relation to all the above