Why Hire a Lawyer?

As part of the Indian Residential Schools Settlement Agreement (IRSSA), the Independent Assessment Process (IAP) is an out-of-court process for former students who attended an Indian Residential School, to resolve claims of sexual abuse and serious physical abuse and other wrongful acts causing serious psychological harm in a Claimant-centered and culturally appropriate manner.

Should I Hire a Lawyer?

The decision to represent yourself or to hire a lawyer is entirely up to you. All parties to the Settlement Agreement believe that Claimants may be better served if they have legal representation for the IAP.

Reasons for Hiring a Lawyer

A lawyer:

• understands the process and can ensure all aspects of your claims are taken care of;
• can help advise you on the difficult legal concepts and processes in the IAP;
• can help you to fill out the IAP application form;
• can focus on the legal side of your claim, so you can focus on other aspects;
• will try to ensure you receive the maximum compensation for your claim;
• can provide peace of mind that your interests will be addressed.

Legal Fees

In addition to paying your compensation award, the Government of Canada will contribute an additional 15% of your compensation award towards your legal fees.

On top of that, your lawyer may charge you personally up to another 15% of your award — although not all lawyers charge anything extra. It is therefore wise to ask your lawyer before retaining him/her what percentage will be charged ,as well as to confirm what charges, if any, you will be responsible for in the event that the adjudicator does not award any financial compensation for your claim. If you agree with your lawyer to pay additional legal fees beyond the 15% that Canada will be paying (up to an additional 15%), then your lawyer will be entitled to subtract this amount from your compensation award.

After your hearing, you have the right to ask your Adjudicator to review your lawyer’s fees to ensure they are fair and reasonable even if they are less than the additional 15% maximum that may be charged.

Finding a Lawyer

A list of lawyers who have represented former Indian Residential schools students and who participated in negotiating the IRSSA can be found at: http://www.residentialschoolsettlement.ca/lawyers.html

If you have any questions on how to find a lawyer in your area or how a lawyer represents you, please contact your regional law society or lawyer referral service.

If you would like to receive more information about the Independent Assessment Process (IAP) please visit our website at: http://www.iap-pei.ca or call the toll-free Info Line at 1-866-879-4913.

Your Rights

You have the right to be comfortable with all aspects of how your claim is handled. Additional information on your rights as a client can be found by contacting your regional law society. Links to regional law society offices can be found at http://www.residentialschoolsettlement.ca/lawyers.html