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![]() Agent Affairs ProgramAgent Affairs ProgramIn recognition of the need for overall functional direction over legal agents, a national Agent Affairs Program was established in 1996. In support of the reasonable demands of effectiveness, efficiency and economy, the ultimate goal of the Program is to provide the Department with a framework to strengthen its ability to administer and manage legal agent activities in such a way as to ensure the provision of quality legal services while containing the associated costs. The Program is divided into two key components:
Civil ComponentThe Litigation Practice Management Centre supports the Assistant Deputy Attorney General (Civil) in the delivery of litigation services by in-house counsel and legal agents. As such, this group looks after the development and management of the civil component of the Agent Affairs Program and provides operational support in relation to the appointment and remuneration of civil legal agents. Taking in legal services of a "non-prosecution" nature, the civil component comprises litigation, work of an advisory nature and in the area of Real Property Law and civil law (Québec). Justice Canada’s legal work gives counsel the opportunity to apply specialized training, skills and expertise in regard to areas of practice, which are not limited to but include:
Federal Prosecutions ComponentLegal agents are used to deliver prosecution services in areas of Canada where the Department of Justice does not have a Regional Office or where it is not cost-effective to handle cases with staff prosecutors. Legal agents are also used where demand for prosecution services exceeds available internal resources. Rates of RemunerationDomestic legal agents retained for the purposes of rendering services related to criminal prosecutions and property translations, are paid in accordance with a standard fee schedule, based on a three-level tariff ranging from $60.00 to $82.00 per hour. Remuneration for all other domestic legal services of a civil nature is negotiated on a case-by-case basis in accordance with guidelines ranging from $60.00 to $200. per hour. Alternate billing arrangements have been negotiated with legal agents in lieu of remuneration based on a straight hourly rate and the amount of time devoted to an assignment. Some examples of alternate billing arrangements are: Flat fees; block billings or lump sum payments; blended rates; and, weighted average rates. Profile of a Legal AgentSelection is based on the premise that the Government of Canada is entitled to the highest quality of legal services and advice consistent with the reasonable demands of economy, efficiency and effectiveness. Competence, integrity, professionalism and trust remain the primary considerations in the appointment of agents. As a representative of the Attorney General of Canada, a Legal Agent is expected to uphold the highest standards of personal and professional conduct. A Legal Agent must obey the law and be in compliance with federal government policies and must act with integrity, fairness and impartiality at all times. Justice Canada requires loyal and dedicated legal teams that are willing to devote their time and resources to best represent the interests of the government of Canada and its client departments and agencies. It is Justice Canada’s expectation that all counsel on the legal team will have the level of competence in handling litigation work or providing legal services commensurate with their experience and the type and complexity of file or file activity. Justice Canada expects legal agents to be fiscally responsible and follow recommended and cost-conscious file handling practices; and, comply fully with administrative provisions, billing guidelines and fee and disbursement policies. Justice Canada is increasing its use of web-based technology for business and communication purposes, including account review and in due course payment automation. It is anticipated that e-business capabilities will be a requirement. Every team member (both counsel and legal assistants for whose work counsel is responsible) is expected to strive to contribute significantly to excellent results. Effectively measuring those results presents an on-going challenge. Results may be based on many factors outside of counsel’s control. It is Justice Canada’s expectation that firms interested in being considered for legal agent appointment, must at a minimum be willing to commit to ensuring:
Appointment As A Legal AgentLegal agents are appointed at the pleasure of the Minister of Justice and Attorney general of Canada and may be terminated at any time without prior notice. Legal agent appointments are confirmed and acknowledged in writing. The terms and conditions of appointment and the relationship between the agent and the Department of Justice are governed by the letter of appointment as well as other documents which are routinely provided along with the letter of appointment. Where agents are retained for civil matters, the letter of appointment is supplemented with the Civil Terms and Conditions of Appointment document. Where agents are retained for federal prosecutions, the letter of appointment is supplemented with:
In accepting an appointment, the legal agent is confirming acceptance of the terms and conditions of an appointment, as well as compliance with Department of Justice and Government policies and standards, for the duration of their mandate. These include:
How to Become a Legal AgentInterest in being considered for appointment as a legal agent can be conveyed to the Department of Justice. For more information, refer to the Expressions of Interest Section |
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Last Updated: 2005-10-20 | ![]() |
Important Notices |