Litigation Management Agreement for Canada

Litigation Management Agreement Template for Canada

A Litigation Management Agreement is a comprehensive legal document used in Canadian jurisdictions to establish and govern the relationship between an organization and its external legal counsel for managing litigation matters. The agreement sets out the framework for handling multiple litigation cases, including service scope, communication protocols, fee arrangements, reporting requirements, and performance standards. It ensures compliance with Canadian federal and provincial legal requirements, including provincial law society rules and professional conduct obligations, while providing a structured approach to litigation management and cost control.

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What is a Litigation Management Agreement?

The Litigation Management Agreement serves as a master agreement between organizations and their chosen legal counsel for handling multiple litigation matters across various jurisdictions in Canada. This document becomes necessary when an organization faces regular litigation requirements and seeks to standardize its approach to case management, ensure consistent service delivery, and optimize legal spending. The agreement typically includes detailed provisions for matter staffing, billing arrangements, reporting requirements, and performance metrics. It is particularly valuable for organizations with significant litigation portfolios as it streamlines the engagement process and establishes clear protocols for matter management. The document ensures compliance with Canadian legal requirements while providing flexibility to address various types of litigation matters efficiently.

What sections should be included in a Litigation Management Agreement?

1. Parties: Identification of the client and law firm/legal team entering into the agreement

2. Background: Context of the agreement and general purpose of the litigation management relationship

3. Definitions: Key terms used throughout the agreement including 'Litigation Matters', 'Services', 'Legal Team', etc.

4. Scope of Services: Detailed description of litigation management services to be provided

5. Engagement Process: Process for initiating and accepting new litigation matters under the agreement

6. Responsibilities of the Law Firm: Detailed obligations and duties of the legal team in managing litigation

7. Client Obligations: Client's responsibilities including provision of information and cooperation

8. Communications Protocol: Procedures for regular updates, reporting, and strategic discussions

9. Fee Structure and Billing: Detailed fee arrangements, billing procedures, and payment terms

10. Confidentiality: Obligations regarding confidential information and document security

11. Term and Termination: Duration of the agreement and termination provisions

12. General Provisions: Standard legal provisions including governing law, amendments, and notices

What sections are optional to include in a Litigation Management Agreement?

1. Success Metrics: Specific performance indicators and evaluation criteria - include when client requires formal performance measurement

2. Technology Requirements: Specific technology platforms or systems to be used - include when specific litigation management software is required

3. Alternative Fee Arrangements: Special fee structures such as success fees or volume discounts - include when standard hourly billing is not the only fee structure

4. Multi-Jurisdictional Provisions: Specific provisions for managing litigation across multiple jurisdictions - include for clients with national/international operations

5. Conflict Resolution: Specific procedures for resolving disputes between parties - include for complex or high-value relationships

6. Insurance Requirements: Detailed insurance obligations - include when specific coverage levels or types are required

7. Third-Party Service Providers: Provisions governing use of external vendors or experts - include when regular use of third parties is anticipated

What schedules should be included in a Litigation Management Agreement?

1. Schedule A - Fee Schedule: Detailed breakdown of fees, rates, and billing arrangements

2. Schedule B - Reporting Templates: Standard formats for status reports and litigation updates

3. Schedule C - Key Personnel: List of key team members and their roles/responsibilities

4. Schedule D - Service Level Standards: Specific performance metrics and response time requirements

5. Appendix 1 - Communication Protocols: Detailed procedures for routine and urgent communications

6. Appendix 2 - Document Management Procedures: Protocols for document handling, storage, and security

7. Appendix 3 - Conflict Check Procedures: Process for identifying and managing potential conflicts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Insurance

Manufacturing

Healthcare

Technology

Retail

Energy

Transportation

Telecommunications

Real Estate

Construction

Professional Services

Mining and Resources

Consumer Goods

Education

Relevant Teams

Legal

Compliance

Risk Management

Finance

Procurement

Executive Leadership

Corporate Governance

Operations

Legal Operations

Vendor Management

Relevant Roles

General Counsel

Chief Legal Officer

Legal Operations Manager

Risk Manager

Compliance Officer

Corporate Secretary

Litigation Manager

Legal Director

Chief Financial Officer

Procurement Manager

Contract Manager

Outside Counsel

Managing Partner

Senior Partner

Legal Project Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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