Long Term Disability Lawyers’ Retainers: What’s in a contract?

A Long Term Disability Lawyer in Toronto is easy to find. However, one with a good retainer is not. In some cases, lawyers have been using retainers to rip off clients. Here at TSF Law, we will educate you about the benefit of a strong retainer.

Retainers are created as contracts between Lawyers and Clients. In our case, long term disability claims require retainers between ourselves and our prospective clients in order to fulfill our duties to provide a healthy outcome and professional services. A retainer can be a source of dispute, and it can also provide a basis for positive reinforcement of services moving forward. The Law Society of Upper Canada will always recommend a contract between lawyer and client in order to effectively provide legal services to individuals. It is simply an industry standard. Most retainers should be presented in written format. It is rare for a retainer to not be provided as such. These should also be signed, dated, and copied such that both parties have a reference to a binding agreement between them.

Long Term Disability Lawyers’ Relationships with Clients

Throughout the relationship between lawyer and client, the retainer will protect both parties from any breach of the contract. At TSF Law, we always encourage you to defer to your retainer in case you would like an absolute understanding of our agreement. We are bound to do our best to help you understand the terms of our arrangement. Sometimes it is difficult; you may want a family member to reiterate our obligations towards you. Please let us know if you have any questions and concerns.

If you have any mental health problems, or have difficulty understanding the retainer, a lawyer should provide accommodations for you. The Ontario Human Rights Commission has a policy on preventing discrimination based on mental health disabilities which should be taken into consideration when receiving services.

If the retainer for your long term disability lawyer is not strictly adhered to, you may consult with another lawyer. We have seen cases where long term disability claims have not ween won simply because the arrangement between the lawyer and client did not stipulate certain terms of engagement. In this case, there may be grounds for a resolution between the long term disability lawyer, disability insurance provider, and disability claim negotiation. Simply put, it is best to seek advice from a lawyer about legal contracts!

Effective Long Term Disability Retainer Agreements

Retainer agreements will be effective if they address the lawyers’ obligations, the cost to the client for the professional services to be rendered, and clauses for termination of the retainer. In some cases, the lawyer may want to stop the legal services. We try our best to service our clients in the most positive way; we only want a net benefit for our relationship. You should always be careful when signing with a lawyer; some will take more from you in order to capitalize on your situation. That is not our professional model when working with you.

Our retainers usually take one-third from the claim, but there are many stipulations such as disbursements (medical-record expenses, delivery, etc.) that you should know about when signing a retainer. The Law Society of Upper Canada has very strict methods and guidelines for dealing with lawyer retainers. We suggest you have a session with your lawyer in order to fully understand what your retainer will mean for your health moving forward. If you feel the price is a bit much, our retainer is based on standards in the industry and one of “the best the [Law Society] has seen”.

If you have any questions or concerns about retainers and making a claim, or, have a mental illness disability claim, contact us today. If you or a loved one have been denied long term disability benefits either through a private insurance, or government agency, call us now. We are here to help.