Organizations as Clients Policy

Purpose

We act for businesses and other organizations, as well as for individuals, for example in Small Claims Court or before a tribunal. This policy explains who our client is when we act for an organization, who may give us instructions, and how we protect the organization's interests.

Who it applies to

Corporations, partnerships, non-profit organizations, condominium corporations and other organizations we act for, and the people who deal with us for them. A sole proprietorship isn't separate from its owner, so when we act for one, the owner is our client personally.

Our policy

1. The organization is our client. We act for the organization itself, not for its directors, officers, shareholders, members or employees personally, even though we deal with them.
2. Authority to sign. We ask the person who signs our retainer agreement for an organization to confirm that they have authority to bind it, and to give their title.
3. Who gives instructions. We take instructions from the person who signed for the organization, and from anyone else it names in writing. Before we act on an important instruction, such as starting a claim or accepting a settlement, we may ask for confirmation of the person's authority, such as a resolution or a letter from an officer.
4. Conflicting instructions. If people in the organization give us conflicting instructions, we ask the organization to tell us in writing who decides. Until it does, we may pause the work, while still protecting any deadline.
5. Identification. We record the information the Law Society's By-Law 7.1 requires about the organization. This includes its name, address and telephone number, its incorporation or business number, the nature of its business, and the name and position of each person who instructs us. We also verify its identity, using reliable documents such as a government business registry record, as our Client Identification and Verification Policy explains.
6. Speaking with people in the organization. When we speak with a director, officer, employee or member, we make clear that we act for the organization, not for them personally, and that what they tell us may be shared with the organization. If their interests may differ from the organization's, we suggest they get their own advice.
7. Conflicts of interest. We act for a director, officer, shareholder or employee personally in the same matter only if the rules allow it and everyone gives informed consent, under our Conflicts of Interest Policy and Joint Retainers Policy.
8. Confidentiality. The organization's information is confidential under our Confidentiality Policy. Within the organization, we share it only with the people authorized to receive it.
9. Dishonest or illegal conduct. We may learn that the organization has acted, is acting or intends to act dishonestly, fraudulently, criminally or illegally in a matter we handle. If so, we tell the person who instructs us, and its chief legal officer or chief executive officer, that the conduct must stop. If it doesn't stop, we tell the next most senior people, up to the board. If the organization carries on anyway, we withdraw from the matter, as the Paralegal Rules of Conduct require.
10. Changes to the organization. If the organization is sold, wound up, dissolved or goes bankrupt, or there is a dispute about who controls it, we confirm who has authority to instruct us, and we may have to stop acting.

Accounts

Our accounts are addressed to the organization. We may ask an owner or director to guarantee the organization's account personally. A guarantee binds only the person who signs it, and we recommend that they get independent legal advice first.

Courts and tribunals

Each court and tribunal has its own rules about who may represent an organization and what it must file. We tell you what applies in your matter.

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.