READ THE FOLLOWING CASE STUDY AND DRAFT A SUITABLE RETAINER AGREEMENT FOR THE CLIENT.

CASE STUDY:

Review the requirements as outlined in the ICCRC Retainer Agreement Regulations. You may also wish to access the ICCRC Retainer Agreement Template. You may NOT access sample agreements online. If there are specific passages that have been copied from any source outside of the ICCRC template, this will be considered plagiarism. The objective is to test your understanding of how to define your scope of service, how to assess your fees as well as structure your payments and your overall agreement to be in compliance with the ICCRC. One cannot be sure if an online sample is well written or in compliance. There are no exceptions to this rule.

Read the following case study

You are approached by Vijay Gupta, who is a prospective applicant interested in applying under the Saskatchewan Business Nominee Program. He wishes to retain you to represent and assist him with all aspects of the application process right up to the permanent residence issuance by the IRCC.

Your task is to draft a complete retainer agreement for Vijay detailing all aspects of the services you intend to provide, including the fees you intend to charge for each stage of the process. To define your payment structure and to explain your internal complaint mechanism.

Note that some aspects of the application process may be contracted out. For example, you might not be interested in composing the business plan for Vijay. If this is the case, you would have to research how much it may cost Vijay to have a business plan written by someone else; you would have to include this as a subcontract in your retainer agreement.

You may include all parts as recommended by the ICCRC as per their template. You must include all sections that are mandatory and you must provide the following sections in your own words:

2. RCIC Responsibilities and Commitments

The Client asked the RCIC, and the RCIC has agreed, to act for the Client in the matter of ____________________________________________________________________________________.

In consideration of the fees paid and the matter stated above, the RCIC agrees to do the following:

(Think about the case type and the steps in the process. Clearly define what you intend to offer in respect to service. Be clear if there are specifics to be contracted out. Also consider what you may wish to exclude and clarify this in your agreement.)

Another RCIC will carry out the following: [as applicable]

(This is only required if you as the primary RCIC are not the only RCIC to be working on the file. Describe this if you envision this to be applicable.)

4. Billing method

The Client will be billed by [insert billing method; by the hour or flat fee with payment by milestones or predetermined date].

The details of this billing method are as follows:

[List the hourly rate charged or the pertinent milestones or predetermined dates and amounts owing.]

5. Payment Terms and Conditions

Professional Fees: [insert amount, including currency]

Disbursements: [describe in detail] [insert breakdown, including currency]

Administrative fee [if applicable]: [insert amount, including currency]

Applicable Taxes [if applicable]: [insert amount, including currency]

Total Cost: [insert amount, including currency]

6. Payment Schedule

Deposit: [insert amount, including currency; e.g., C$, US$, etc.] (When is it due?)

(I would suggest securing a sufficient retainer to cover your initial services for review of the case)

Installments: [insert amounts, including currency; e.g., C$, US$, etc.] (Define when these are due)

(Think about the steps in the process. When is the bulk of the work begin done. I suggest securing payment before the work step is done as this lessens your risk of not being paid for work done)

Balance: [insert amount, including currency; e.g., C$, US$, etc.] (Define when this is due)

(Make sure that no payments are contingent on success at any stage. So do not use terms like, upon approval or upon receipt...unless it is to state, upon receipt of final determination. It is risky to wait for a final determination for a final fee however, in that a negative decision can sometimes result in difficulty in getting the client to pay)

8. Dispute Resolution Related to the Code of Professional Ethics

In the event of a dispute related to the Code of Professional Ethics, the Client and RCIC are to make every effort to resolve the matter between the two parties. In the event a resolution cannot be reached, the Client is to present the complaint in writing to the RCIC and allow the RCIC ___________ [insert number of days - think about good customer service] days to respond to the Client. In the event the dispute is still unresolved, the Client may follow the complaint and discipline procedure outlined by the Council on their website under the heading "File a Complaint".

NOTE: All complaint forms must be signed.

ICCRC Contact Information: Immigration Consultants of Canada Regulatory Council (ICCRC)

5500 North Service Rd., Suite 1002 Burlington, ON, L7L 6W6 Toll free: 1-877-836-7543

Pay close attention to the following aspects of your retainer agreement:

Your scope of service as it relates to Vijay's case.

• Think of all of the steps involved in this specific case. Clearly define the services you intend to offer - including any parts to be subcontracted out.

Your fees

• Are your fees fair and reasonable? Think of the amount of time needed for this type of case. Decide if you will include all services in a flat rate or charge by the hour or have disbursements separate. Be clear as to what is included in your rate, what specifically is to be charge by disbursement and what is the sole responsibility of the client.

Your payment structure

• Is your payment structure in compliance with the ICCRC Retainer Agreement Regulations? Remember, no contingency billing. Think of when the bulk of the work is done and logically create a clear installment plan for the case. Define specific milestones as to when a payment is due.

Your internal dispute mechanism

• You must include an internal dispute mechanism and consider from a customer service perspective what a logical and fair response time may be.

Mandatory ICCRC Components

• Ensure that you include all mandatory components as per the ICCRC Retainer Agreement Regulations.

Protective Clauses

• It's a good idea to include protective clauses to protect you and your services over and above what is recommended. So any value added considerations you add to your agreement will result in higher grades.