Fact brief

Whereas I’m a newly arrived as refugee in Canada and has no sufficient experience in English language. Via my laptop I entered the web googling for any information about real estates in Canada in order to purchase a suitable premises for my family. I randomly found an advertisement of Nomos law firm offering legal services concerning real estates, then I tried communicating with and filed out the online application with my personal details, but I can purely comprehend what they intended by filing out my personal information . All my aim was to get information about real estates in Canada, so I approved their application on 13th December 2016. Then, no correspondences had been made in between till 9th February 2017 where I get surprised when Nomos law firm sent me a claim for their alleged fees in the lump sum of $1,387.70  !

I asked them about this alleged invoice for fees, but they said that; they have contracted with me as lawyer acting in behalf of me on 13th December 2016 for purchasing a premises, and that they had taken all the due proceedings in concerning; such as calling real estate brokers, mortgage lenders, tax authority…etc. to prepare all documents required for executing such purchase. Then they claimed a lump sum as flat fees as stated in their invoice sent to me on 9th February 2017.

At first glance, I didn’t understand what the Nomos law firm was speaking about and whey they claimed settling such invoice. I asked them about explanation and breakdown of this invoice, and wandered when they contracted with me to purchase such premises! They sent me detailed items of their invoice and threatened me to settle the same. But I refused to be a victim and revoked the alleged claim. They said that I have signed a retainer agreement with them for the closing of real estate purchase and that they became my personal lawyer, but in fact they didn’t present anything indicates that I assigned them for acting on behalf of me and they didn’t send me a prior sheet of their fees, expenses or anticipated disbursements. They said that they initially referred me to a hyperlink with a breakdown of costs containing their pricelist. But in fact, I couldn’t inspect such pricelist and didn’t know anything about their fees, because it wasn’t clearly stated in the online application I filled out. So I considered such application as merely an invitation to treat with them concerning legal services.

By time, after filling out the online application on December 13th 2016 Nomos office didn’t call me or submit any legal advisories, explanations, recommendations or ask for any questions, information or fellow-up. They didn’t make any discussions with me about the tasks they offered to perform or strategies they have to follow, options recommended or any explanation of the law as applying to the section no 2.9 Client’s Expectations, Objectives and Options :

Lawyers should discuss with their client the objectives and expectations, specific legal services the client will receive from the lawyer, specific results the lawyer is likely to achieve for the client, costs associated with achieving those objectives…etc.

<!--Also they violated section no 2.15 Keeping Client Informed:

Lawyers should advise clients of the progress of a matter at appropriate intervals having regard to requirements of the particular matter or proceeding….etc.

<!--Nomos law firm is practiced and specialized entity, therefore, it is totally unacceptable to allege entering with ordinary man in a retainer agreement without presenting all the details in utmost clarity stating his obligations, Scope of Services, payments, terms and conditions and getting enough with merely referring to a link and saying that it contained the pricelist. That is because any retainer agreement must contain a clear and obvious clause for the payments and fees for determined obligations, but not referring to a link containing unobvious costs or a pricelist without determining the scope of work. And there isn’t any confirmation that a certain sum of money must be paid as fees. The law office aimed deliberately to hide its fees in order to attract laymen to entrap.

Furthermore, the received invoice charge for many services; such as search cost, execution certificate, subsearch, photocopies, postage, fax, and courier but without a single proofing evidence such official receipts, official documents, vouchers,…etc., which again prove the fact of lack of any real service provided by Nomos office.

<!--It is jurisprudentially stipulated that there are three fundamental requirements for the formation of a legally enforceable contract, and they are as applicable online as offline.

<!--First, the contracting parties must agree on the terms of the contract, through the issue and acceptance of a contractual offer.

<!--Second, they must intend to create a legally binding agreement.

<!--Third, the contract must be supported by consideration: an exchange of value.

<!--Generally, "Offer and acceptance" in the online application are considered as the traditional principles of offer and acceptance. The basics are these.  An offer has been defined as an "expression of willingness to contract on specified terms, made with the intention that it is to become binding as soon as it is accepted by the person to whom it is addressed" (Treitel, The Law of Contract, 12th Edition, p9).  An offer must be sufficiently clear, certain and obvious to the offeree. In the other side the acceptance must clearly mirror accepting the terms of the offer, made with the intention that it is to become legally binding as soon as pressing the “submit” button.

<!-- Generally speaking, when I browsed such websites I expected that it will communicate an invitation to treat, not a legally binding offer and acceptance.

<!--Like other web sites which specify that acceptance will only take place (and, consequently, a binding contract be formed) once the customer make a bank transfer and is notified that goods have been shipped. So, I sent Nomos law firm all my personal data as an initiative procedure to draft the final retainer contract and I waited them to notify me with accepting or refusing my task and send me the real contract containing all terms and conditions, payment and requirements, and I waited them to determine the advance payment for their fees or security deposit like all the other lawyers, or bank transfer like all the commercial web sites, in addition to defining the date of starting performance of the contractual obligations.

<!--Furthermore, they didn’t ask me to provide them with a legal authorization to work on behalf of me upon. But they forgot me for two months, so I decided contracting with another lawyer who accepted my task and advance payment.

<!--Hence, I get sudden when they sent their invoice attached with threatening with suing me in the court of justice and adding legal interests in case of delay settling the claimed invoice, such manner clearly indicates the bad faith.

<!-- I realized that there might be a unilateral contract! Or it may be a try of fraud and deception because for such long period there weren’t any phone calls, emails, faxes or any touch with me, and they didn’t provide any official receipts, official documents, vouchers or invoices stamped with the official seal of concerned authority.

<!--Or it may be a legal illusion.

<!--When I tried to log in the digital environment for the first time, as casual visitor, not professional blogger, such legal illusion has happened because Nomos office didn’t provide me with a clear and direct scenario for contracting with them and due to deliberated lacking of essential information and elements of the contract.  Also they avoid disclosure of all the obligations in a clear manner.

<!--Nomos office didn’t provide me with any interim bills, what they will include, and when I can expect the final bill.

<!--Also they didn’t keep me apprised of the matter on an ongoing basis (e.g. sending copies of correspondence, documents relating to the matter, motions to submit; telephone calls; meetings) or any other thing indicates that a law office is working on behalf of me.

<!--Moreover, Nomos law office alleged in their detailed invoice that they contacted a mortgage lender to support the purchase without approval by me, but such conduct came in violation with the article no 3.4 of regulations of lawyers conduct which stated that; a lawyer or two or more lawyers practicing in partnership or association must not act for or otherwise represent both lender and borrower in a mortgage or loan transaction.

<!--The retainer agreement Nomos office alleged to be effective against me didn’t contain any Scope of Services in violation to the abovementioned regulation.

<!--Nomos law office  violated section no 3.2-1A.1 of the same regulation of lawyers conduct which stated that; “When providing legal services under a limited scope retainer, a lawyer shall confirm the services in writing and give the client a copy of the written document when practicable to do so.” But in fact, they didn’t provide me with anything sooner or later, otherwise the single email claiming a lump sum attached with threatening.

<!--Further to the above, Nomos office violated the article no 3.6 fees and disbursements (found in Google):

<!--(j) any estimate or range of fees given by the lawyer, and

<!--(k) The prior client’s consent to the fees.

<!--{3} A lawyer should provide to the client in writing, before or within a reasonable time after commencing a representation…etc.

<!--{4} a lawyer should be ready to explain the basis of the fees and disbursements charged to the client…etc.

<!-- 

Thanks and regards,

Note; this complain has been written with help of my cousin whose English is better and signed by me.