Changing Your Representative and Transferring Your File Policy

Purpose

You may change your representative at any time, for any reason. This policy explains what happens when you move your matter from NEO to a new representative: your account, money we hold in trust, your file, your deadlines and the court or tribunal. It also explains what happens if the paralegal handling your matter leaves NEO.

Your right to change

• Your choice. You can end our retainer at any time by telling us in writing. An email, or a message in the client portal, is enough. You don't have to give a reason.
• No pressure. We won't pressure you to stay. If you signed a direction about money to be paid in your matter, it continues to protect our accounts already delivered to you, but it never stops you changing representative.
• Concerns. If something is wrong, you are welcome to tell us first. You can also raise it under our Client Complaints Policy.

Your account and money in trust

1. Fees to date. You owe the fees earned and disbursements incurred up to the time the retainer ends, as your retainer sets out. We send a final account promptly.
2. Money in trust. We account for all money we hold, or have held, for you. We return any money not earned, and pay out what is left in trust, after any delivered account you owe, promptly and in any event within 30 days after the final account.
3. Disputed amounts. If you dispute part of an account in writing, the disputed amount stays in trust until the dispute is resolved.
4. Your documents. We never hold back your documents to pressure you to pay an account.
5. Checking instructions. Before we send money or your file to you or anyone you name, we may confirm the instruction with you by phone, at a number already in our records, or in person, to protect you from fraud.

Your file

1. What is yours. Your original documents belong to you, and so do the other papers in your file that the Law Society treats as yours. These include documents we prepared for you, letters to and from others, and notes of meetings with the other side and of court or tribunal conferences. They also include witness interviews, research you paid for, experts' reports, receipts for disbursements, photographs and electronic files.
2. What is ours. Our own notes of calls and meetings with you belong to NEO. We may keep copies of your file at our own cost.
3. How we hand it over. We transfer your file to your new representative on your signed written direction, or give it to you and ask you to sign that you received it. We can provide it electronically, with a summary of your matter and the documents on it.
4. What we tell your new representative. We give the information needed for your matter, including every date and deadline we know of, and we cooperate with your new representative to keep costs down and protect your position. We don't share confidential information unrelated to the matter, or the reasons for the change, without your written consent.
5. Outside providers. If we hired someone for your matter, such as a process server, we tell them about the change and give them your new representative's contact details.
6. Undertakings. A promise we gave in your matter, such as to hold money until a release is signed, stays our responsibility until it is kept or released.

Dates, deadlines and the court or tribunal

1. Dates don't move. Changing representative doesn't change any hearing date or deadline. In a court or tribunal case, expect your hearing to go ahead on the date set, and instruct your new representative promptly.
2. In writing. We confirm in writing that NEO no longer acts for you, with every date and deadline we know of, what we sent and to whom, and where your account and any money in trust stand.
3. Telling the court or tribunal. We tell the court or tribunal, and the other side, that we no longer act, following the court's or tribunal's rules. In Small Claims Court, we give the court your last known address, phone number and email address, so that documents can reach you. We don't say why our retainer ended, unless the rules require it.
4. Prosecutors. In a provincial offence or criminal matter, we also tell the prosecutor in writing that we no longer act.

If the paralegal handling your matter leaves NEO

1. We tell you. You get reasonable notice that the paralegal is leaving, and we explain your options.
2. You choose. You decide who continues your matter: another licensed paralegal at NEO, the paralegal who is leaving, if they will continue to practise, or anyone else. We ask for your instructions, and follow them.
3. Until you decide, NEO remains your representative, and a licensed paralegal at NEO looks after your matter, including any urgent deadline.
4. Their contact details. If you ask for the departing paralegal's professional contact details, we give them where we reasonably can.
5. Contractor paralegals. Our Independent Contractor Paralegals Policy explains what happens when a contractor paralegal stops working with NEO.

If NEO can't continue

If the principal, or the paralegal responsible for your matter, dies or becomes unable to practise, another licensee may step in for NEO, as our retainer agreements and our Business Continuity and Succession Policy explain.

Review

This policy is reviewed at least once a year, and whenever the Law Society's By-Laws or rules change. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.