This document explains our terms and conditions while we are working for you. It is important, to prevent any misunderstandings at a later stage, that you know what to expect and understand what our services involve. Please read the following terms and conditions carefully. We will be happy to answer any question you may have.

Discussing your expectations

We will discuss your expectations and tell you whether we think they are realistic. It is important to us that you understand at all times what is happening in your case. To help prevent any confusion or stress on your part, we will give you general information and explain any procedures regarding your case as it progresses.

Instructing your solicitor

It is important that you give us clear and accurate instructions from the very beginning and when you get any new information as the case develops. We will do our best to carry out the agreed instructions and to give you a confidential and friendly service.

When we receive your instructions, we will explain your legal options to you. If there is anything you do not understand, please tell us right away so that we can answer your questions. We will then agree with you the actions to be taken.

While dealing with your file we will maintain contact with you by correspondence or phone so that you know and understand what we are doing on your behalf. We will estimate how long your case is likely to continue, including, as your case proceeds, what stage we have reached and what and when the next steps will be.

We will try to deal with matters as quickly and efficiently as practicable and report back to you without delay. However, frequently the legal process can be slow due to matters outside of our control. If any event occurs that will delay your case, we will let you know and give you our best estimate of a new time-scale.

It is important that you give us instructions when they are needed. If we require some further information, we would encourage you to attend to the matter as a matter of priority. If you fail to do this, we cannot make progress.

Acting on your behalf

When you give us instructions, we assume that you are giving us permission to take various actions on your behalf.

For instance, our role as your solicitor may involve:

• Making a repayment to a bank or building society for you
• Holding information for our records, including ‘sensitive data’, such as your Personal Public Service (PPS) number or medical reports;
• Making a claim for personal injuries under the terms of the Personal Injuries Assessment Board (PIAB);
• Employing barristers and other experts, such as doctors and engineers, on your behalf;
• Obtaining information from third parties to help us with your case, without seeking your permission in advance; and
• Using information technology (IT), including email, to guarantee the best quality and most efficient service. 

Important

• If you instruct us to repay money on your behalf, you cannot change these instructions later, if we have given a professional promise to others to do so.
• We will hold any money we receive on your behalf strictly in line with the Solicitors’ Accounts Regulations.
 • We will only use any personal or ‘sensitive’ information to help your case.
 • We will only employ experts with your permission. We will select professionals who we believe to be competent, but we are not responsible for the negligence of anyone we employ on your behalf.

Cost of services

At the beginning of your case, as required by law, we will give you information, in writing, about our fees and other expenses that may be incurred. If we fail to agree the fees for our services with you, we will not act on your behalf.

If a fixed fee arrangement has been agreed and if subsequently further or new information comes to light or unanticipated developments occur which materially change the terms, conditions, scope or nature of our work then we are entitled in such circumstances to renegotiate the terms of the fee arrangement with you.

The law allows us to keep a client’s file as security for any costs until we have been paid for our services. We will issue our bill of costs to you without delay.

Billing Procedure and Payment Terms

Upon issuing any bill to you for services provided, our requirement is that the bill must be discharged in full within 30 days of issue. In default of payment within 30 days we reserve the right to charge interest on any unpaid sums at the rate then currently stipulated under Section 8 of the Courts Act 1981 (as may be amended or varied). If there is failure to pay any bill we reserve the right to suspend activity until payment is made in full and/or to charge interest and/or to retain custody of any of your deeds, documents, files or other property until all amounts due by you, together with any interest accrued, have been paid in full.

Legal requirements

Under anti-money laundering regulations, we need to be sure of your identity and source of assets before we can take on your case.

• Identity – you will need to give us evidence of your identity, such as your driving licence or passport, even if we already know you. We will also need you to give us a document showing your permanent address, for example an ESB or telephone bill or a bank statement.
• Source of assets – any funds or property that you ask us to deal with must have been legally obtained. If we become aware or suspect that these assets come from an illegal source, we must notify the Gardaí and the Revenue Commissioners without telling you, except in limited circumstances. We will immediately stop acting for you if we have to report illegal assets.

Even when we are not obliged to report to the authorities, we cannot transfer any assets or property funded by the proceeds of crime. This includes funds that have not been declared for tax purposes or that have been obtained by false means. In this situation, you would have to legalise your position before we could act on your behalf. 

Liability

We provide legal advice and legal services to you in connection with our engagement with reasonable skill and care subject to the limitations in these terms. Any advice given in the course of our engagement is limited to the laws of Ireland as applied by the courts of Ireland at the date such advice (whether oral or written) is given. Unless we have specifically agreed otherwise in writing we will not be bound to notify you of all changes in law following the date on which the advice was given.

We do not provide and you acknowledge that you are not relying on us for, any business, investment, insurance, broking or accounting advice or any investigation of the character or credit of persons you may be dealing with. We expect that you will make all appropriate business or technical enquiries or decisions.

Our liability (and that of or present and former partners and employees) to you arising out of, or in connection with, our engagement (whether for breach of contract or statutory duty, negligence, or otherwise) will be limited to the higher of (a) the minimum amount of the professional indemnity insurance cover from time to time required to be maintained by us under applicable law; or (b) such other limit as expressly agreed with you. Nothing in these terms and conditions shall limit our liability to you (a) for fraud or fraudulent concealment or (b) to the extent that under any applicable law liability may not be limited.

We confirm that we have the appropriate level of professional insurance in place, as required by law.

Making a complaint

We will always be pleased to hear any suggestion as to how our service can be improved. Good communication between us will guarantee the best possible outcome. In the unfortunate event that you have a grievance and you wish to make a complaint about any aspect of our service we will do all in our power to ensure that your difficulties are addressed properly and fairly.

Ceasing to Act

Either you or we may terminate our engagement at any time subject to any period of notice as required by law. You agree to pay us for all work we have done and all disbursements we have incurred prior to termination. If we are ceasing to act for you in contentious proceedings and if we have to make an application to come off record as solicitors acting on your behalf then you agree that the service of any notice, supporting documentation and/or order(s) may be made upon you at the address to which the accompanying letter of engagement is sent or any later address which you may have provided to us for correspondence purposes. Where an undertaking or other obligation entered into on your behalf by this firm remains undischarged we reserve the right to continue to represent you until such undertaking or other obligation has been discharged or another solicitor provides an undertaking in such matter in form and manner to our satisfaction.

Transferring to another solicitor

We hope to reach a successful result on your behalf. But if you decide for any reason to transfer to another solicitor’s firm, we will require payment for any work done up to that point.

This requirement includes certain litigation cases, even if we might have agreed to seek a fee only if your case was successful. If you change to another solicitor, this agreement automatically ends and we will require payment for the work we have actually done.

Confidentiality

We will keep confidential all matters and personal information we handle for you except (a) where you authorise us to disclose information; (b) where we are required to make such disclosure under regulations or legislation or order/decree of any court or administrative body; (c) where disclosure is necessary to carry out your instructions and/or to provide you with legal advice/services or (d) where the information is already in the public domain.

You consent to us using information we maintain about you in order to send you details of services offered by us that we consider may be of interest to you.

Email Communication

We make full use of electronic communications where clients wish to communicate with us in such manner. If electronic communications are intended to be used or are in fact used in our dealings with you we would ask you to note that such means of communication cannot be guaranteed to be secure or virus or error free and such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or unsafe to use.

We and you each accept these risks and authorise electronic communications between us. We will each be responsible for protecting our own systems and interests in relation to electronic communications and neither the client nor us (in each case including our respective partners, employees, sub-contractors or agents) will have any liability to each other on any basis, whether in contract, tort (including negligence) or otherwise, in respect of any error, damage, loss or omission arising from or in connection with the electronic communication of information between us or our reliance on such information.

Acceptance clause

These terms of engagement set out the terms on which we will provide our services to you and, except as may subsequently be agreed, any future matters in which we act for you. If you feel you have any questions you wish to raise with us please feel free to consult us.

We look forward to working with you and to bringing your case to a satisfactory conclusion. Once again, if you have any further questions, please contact us. If you know someone who would benefit from our style of service, we would be delighted if you recommended us.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement