If the lawyer intends to complete outstanding reporting letters himself or herself, they should be completed. If the lawyer does not intend to complete the letters and the file is being transferred to another lawyer, the matter of outstanding reporting letters should be brought to the attention of the new lawyer.
For matters that remain outstanding lawyers should submit a final account for legal services that have been completed and. Lawyers must retain certain accounting books and records in accordance with legal and regulatory requirements, in particular.
As part of closing down a practice, the lawyer must determine how to deal with closed client files. Central to that determination is whether closed client files contain documents or property belonging to the client. If closed files contain valuable client documents or property, before disposing of client files as part of the closing down of their practices, lawyers must comply with Section 3. Lawyers may wish to, and in some cases may be required to, retain certain closed client files for a period of time after closing down their practice.
The reasons for retaining such closed client files include defending against allegations of negligence, meeting statutory obligations, and complying with regulatory requirements. It is important for the lawyer to retain closed client files if he or she anticipates that the file may be required for later reference. An example would include the need to defend against potential allegations of misconduct or malpractice.
Client files that should be retained and the length of retention will be determined by the particular circumstances taking into account:. If the lawyer chooses to destroy client files he or she must ensure that client confidentiality is maintained during destruction or disposal. Lawyers may choose not to destroy client files and to retain client files indefinitely despite the winding up of their practices or retirement from the practice of law.
Assuming former clients can be located, lawyers may deliver closed client files to their client. It is important for lawyers to determine whether it is prudent to do so taking into consideration. Subject to Section 3. If a lawyer holds client property at the time of closing down his or her practice, in accordance with Rules 3. If the will is to be delivered to a new lawyer or third party, the lawyer should obtain the client's executed direction as to whom the will is to be delivered.
Lawyers who have custody of client wills and are unable to obtain client instructions or directions, as in cases where the client cannot be located, should. Lawyers should not deliver original wills to a client's last known address unless the lawyer is certain that the client is present to accept it. Notification of the location of original client wills should be made to the By-Law Administration Services department at or toll free Lawyers shall ensure that they comply with any legal requirements respecting the custody and storage of corporate books, seals and records.
In the event lawyers are unsure of the proper person to receive corporate documents and seals, the lawyer should apply to a tribunal of competent jurisdiction for direction in accordance with Rule 3. Where the client does not claim trust funds, does not provide a direction for transfer of the funds to a third party, or cannot be located, then the lawyer must either.
Lawyers who maintain balances in their trust accounts after their practice has been closed shall continue to comply with the Law Society of Ontario's trust accounting filing requirements. Lawyers may only close trust accounts when all trust funds have been accounted for and the balance is zero.
This information will be shared with the Law Foundation of Ontario. If accounts receivable remain outstanding lawyers may wish to continue to operate general firm accounts for a period of time after the practice is closed. A lawyer closing down his or her practice is required to comply with all the Law Society of Ontario filing requirements. The use of words in an advertisement such as "sale price" or "special" could bring an advertisement within the purview of this definition.
In addition, if a product is advertised at a price that is significantly lower than the ordinary price for that product in the market, then the provision could also apply even if there is no direct mention in the advertisement that the advertised price is a bargain price. This phrase, not specifically defined in the Act, refers to considerations such as geographic location, time-frame, method of advertising, type of product advertised and other factors which relate to the business or industry in question.
An advertiser may clear out old stock that would not normally amount to a reasonable quantity without contravening the section if he or she clearly specifies in the advertisement the number of items available. However, use of a general phrase, such as "quantities are limited," would not be an absolute defence under this section, although it may reduce the quantity that would otherwise be required for a reasonable supply in a given situation. Quite often, however, retail outlets are operated as franchises, which may mean that the franchisor is not the same as the person operating an individual store.
In these circumstances, there may be a co-operative agreement with respect to advertising. Many franchise operations share advertising costs with the parent company which, in return, provides advertising, such as newspaper supplements or flyers, to promote products on behalf of franchised retailers. In such cases, a franchisee could be regarded as coming within the purview of the section if the franchisee is responsible for the non-availability to the public of reasonable quantities of an advertised special.
In addition, the franchisor could be liable if it did not supply reasonable quantities of the advertised special to franchisees. For the advertiser, the promotion of those products that are subject to any of these circumstances entails a corresponding responsibility to ensure that the public is properly informed of any applicable supply restrictions. Lacking such disclosure, a complaint of non-availability from the public could provide the Commissioner with reason to initiate an inquiry.
In order to avoid such an outcome, advertisers should take all reasonable steps to disclose prominently their store policy and the conditions generally applicable to their flyer sale advertising.
Advertisers might therefore wish to consider the following suggestions for inclusion in such advertising:. There often may be legitimate reasons for an advertiser's inability to supply an advertised product. Since, for example, catalogue sale advertisements must be prepared weeks and even months in advance, and goods are often ordered for a delivery date to coincide with the opening of the sale, any events beyond an advertiser's control, for example transportation delays due to bad weather or strikes, could make it impossible to have the product available for the advertised sale period.
Although the crux of this reviewable matter depends on the definition of this term, it is not possible to specify what quantities might be considered reasonable since this is an issue to be determined on a case-by-case basis. What is reasonable will depend on the factors outlined in the section, some of which have already been discussed. In general, the best guide for an advertiser would be the history of consumer demand for the same or comparable products during previous sales using similar advertisements.
If a reasonable quantity were available, the advertiser would likely have a good defence. Offering and fulfilling rainchecks is another defence available to retailers should allegations be made that no reasonable supply of the special was made available.
However, it should be emphasized that this defence will only apply in a case of bona fide non-availability and not where there is a systematic practice of advertising at bargain prices with no genuine effort to supply in reasonable quantities during the currency of the sale. Retailers should prominently display the terms and conditions of any raincheck policy in their stores as well as in their advertising.
Although there is no legal requirement that a raincheck policy be displayed, it has been found that many complaints, and subsequent preliminary investigations, could have been avoided if the customer had known of the existence of a raincheck policy and of its terms and conditions.
It prohibits the sale or rent of a product at a price higher than its advertised price. The provision does not apply if the advertised price was a mistake and the error was immediately corrected. Therefore, an advertisement in a local paper may restrict an offer to a specific store branch of a multi-store operation or even to a specific department of that branch, as long as it is clearly indicated in the advertisement.
For example, an advertisement could be clearly restricted to the "bargain basement. Also, if an advertisement containing a price error is immediately followed by a corrective advertisement, this section would not apply. Where securities are sold at higher prices on the open market during a period when a prospectus relating to them is still current, the section does not apply.
Finally, the section does not apply to the sale of products by or on behalf of persons not in the business of selling those products. There is also the potential to expand into other areas of practice, such as family and litigation.
The m odern premises can accomodate up to four lawyers. The location is central with parking and easy transit access. Please contact Ms. Geiger for further practice details. The practice has been in operation for more than 50 years and enjoys a stellar reputation. The remainder of the practice is comprised of Real Estate and Corporate Commercial work.
Most clients are referrals and word of mouth; there is excellent growth potential for existing practice areas through additional advertising; also into other areas of practice as the seller presently turns away work. The practice has several lawyers and very experienced staff with 2 locations. Significant Wills Bank and corporate clientele. The majority of work comes from long-term clients and referral sources. This opportunity would be attractive to a junior lawyer who is a self starter or a more senior lawyer wishing to relocate to a smaller community in cottage country with abundant outdoor activities.
Large corporate clientele and wills bank. Established for over 40 years with excellent location and repeat clientele. Suitable for sole practitioner. Practice is located in a "Class A" building with lovely offices, trained staff, and adequate space for expansion through additional lawyers. The seller is a 'rainmaker' and wishes to implement a buy-out over time capitalizing on his client skills while gradually shifting control of the practice to the buyer.
Buyer should be entrepreneurial and hard-working with at least five years' experience in real estate law. Equidistant to Waterloo and Guelph. Nearly 30 years on Main Street location and prime office space.
Loyal clientele and room for expansion. This busy practice was established over 40 years ago. It is in a great location in midtown Toronto with easy transit access and parking.
Excellent reputation with repeat and referral sources keeps the practice extremely busy with no need for advertising. As a result, expansion would be easy if there were marketing of the practice's services.
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