To move from being a visitor to a formal client, Ontario law requires a specific multi-step process.
Step 1: Initial Inquiry and Conflict Screening
- Action: Contact the firm with a brief, non-confidential summary of your matter.
- Purpose: The firm must ensure they do not already represent a party with opposing interests (a "conflict check").
Step 2: Client Identification and Verification
Under LSO By-Law 7.1, lawyers must identify and often verify the identity of every client:
- Identification: You must provide your full name, home address, telephone number, and occupation.
- Verification: If the matter involves financial transactions (e.g., real estate, settlements), you must provide original government-issued photo ID (like a passport or driver’s license). Virtual verification now requires specialized authentication technology.
Step 3: Defining the Scope and Fees
- Consultation: You will meet (virtually or in person) to discuss your objectives, legal options, and the firm’s fee structure.
- Fee Disclosure: The lawyer must explain how they charge (e.g., hourly rates, flat fees) and provide an estimate of "disbursements" (third-party costs like court fees).
Step 4: The Written Retainer Agreement
- The relationship is officially "retained" only when you sign an Engagement Letter or Retainer Agreement. This document will confirm:
- (i) The exact legal services to be provided.
- (ii) The financial retainer (deposit) required to be held in the firm's trust account.
- (iii) How and when you will receive progress reports and bills.
- Warning: If a lawyer declines to act for you after a consultation, ensure you receive a Non-Engagement Letter to confirm no relationship exists and to note any urgent legal deadlines (limitation periods).