TeelingStreet Tubbercurry Co. Sligo |
To
Mr/ MRS ……..
OURTERMSANDCLIENTCAREOFBUSINESS
DearSir/ Madam
Re:Your LegalMatter
Thank you for instructing this firm to deal with your matter.I shall do my best to ensure that everything proceeds as smoothly as possible.The purpose of this letter is to provide you with some useful information about our firm, and to explain the basis on which I will carry out all work necessary in connection with your case.It contains the terms and conditions of business between us. Please read through this letter carefully.It is an important letter as it clarifies many questions you may have about using the services of Solicitors.I hope you will find it useful and interesting.Please keep it in a safe place for future reference. Please note this letter may have to be disclosed to a court to show the terms of our agreement with you.
Peopleresponsibleforyourwork
I will be responsible for your matter,I am Imran Chowdhury Principal Solicitorof this firm. I will be working under the supervision of the Chowdhury and Co Solicitors andhandling the day-to-day work on your matter, and I will take all-important decisions on your case, under the supervision of the supervisor of this firm. We have arrangements to ensure continuity of cover in the event of my being absent from the office.
YourI.D.
New government regulations mean that you must prove who you are. The Ireland is a major international financial centre, with a high reputation for honesty and integrity. Unfortunately that is why financial and professional businesses like banks and solicitors’ firms are attractive to money launderers. Criminals sometimestryand hide stolen moneyby turning it into legitimateincome. The government has introduced measures to make it more difficult for criminals to make and keep money from their crimes and to confiscate the proceeds of crime. For this reason there are compulsory checks which solicitors have to make of their clients. Being asked for identification does not mean you are under suspicion.Please provide me with the ID copy.
Therefore please provide me with a copy( If you have one) of your Passport or any photo ID together with copiesof two of the following:-
- LatestBankStatement
- LatestCouncilTaxBill/Homeofficeletter
- UtilityBillnotmorethan3monthsold
Costs
- ChargesandExpenses
There are someimportantmattersthat I would like toconfirmat this earlystage,particularly inrelation to costs.Ourchargesinthismatterwillbecalculatedmainlybyreferencetothetimeactuallyspentby myself,otherSolicitorsandotherstaffinrespectofanywork,whichwedoonyourbehalf.Thiswill include meetings with you and perhaps others, reading and working on papers, correspondence, telephone calls, and time spent traveling and waiting away from the office when this is necessary.
Pleasenotethatyourinstructiontousareasfollows,
Our charging rates are set out below in categories of fee earner.There are bands for each level of experience.The precise hourly rate within the band will be determined by the complexity of the issues; the urgency with which action hasto betaken and any particularly specialist expertise that the case may demand.
The hourly rates are reviewed periodically and fixed by the firm to reflect increases in overhead costsand inflation.If a review is carried out before this matter has been concluded, I will inform you of any variation in the rate before it takes effect.
SOLICITOR…………………………………………………………………………………. €312–£350perhour
CONSULTANT…………………………………………………………………………….. €250–£300perhour
The above rates do not include disbursements eg, Barrister fees, Court fees,Immigration application fees,expert fees which will be added. You are responsible and can also pay those disbursements directly.
In addition to the hourly charging rate the firm reserves the right to charge separately for routineincoming and outgoing telephone calls, routine outgoing faxes and routine outgoing letters at the rate of one-tenth of the hourly charging rate.Longer letters and telephone calls are charged according to the time spent on them.
Solicitors have to pay out various other expenses on behalf of clients, ranging from Land or Probate RegistryFees;courtfees; barristers’fees;experts’fees,travelexpensesandsoon.Youwillunderstand that as solicitors handle many cases, it would not be possible, for reasons of cash flow, for law firms to financesuchitems.Accordingly, inadditiontopayments on accountof ourfees, we willrequestthatyou pay us an amount in respect of these other expenses that we are to incur or have incurred on your behalf. V.A.T. is payableon certainexpenses.We refertosuchpaymentsgenerallyas“disbursements”. If you are unable to finance your disbursements as and when requested we could regard this as a termination of the retainer by you. We will discuss with you the need for experts or counsel prior to instructing them on your behalf.
There will be a running recording schedule, which will record all work actioned on your file.This recording schedule can be forwarded to you at any time so that you are fully aware of how much work / costs have been incurred on your file.
Agreedfees
If we do agree afeesthen we will send you the fee note as agreed.
Agreed Documents
Our submission letters emails and any documents prepared by the firm are the intellectual properties of the firm and we will not give you any copies of those, you will only receive the response from the other side or court/ tribunals.
Telephone calls and massage incoming and outgoing: Standard @ £31 per every 6 minutes.
Fixedrecoverablecosts(FRC)(Maynotapplicableforyou)
There are rules (fixed recoverable costs rules), which govern the recovery of costs and disbursement in certain cases, which settle without the need for formal court proceeding. Should you case fall within these rules then your legal costs will normally be limited to the costs allowed under the rules the unless there are exceptional circumstances.
If for any reason you cancel your instructions to this during the process of your claim, then our costs will of course immediately become payable at that stage. In the event that you are successful or even partially successful, we will place that account before the third party or their insurers for settlement by them. Our costs for acting on your behalf form part of your claim for costs against the other party so, provided your claim is successful in whole, there will be no claim for costs against you. We are asked to point out to you however that as our client you are technically responsible for the payment of our bill of costs, regardless of any order for costs, which is made against the third party.
LegalAidandLegalexpensePolicy
We do not do legal aid and we do not advice on legal expense policy, therefore you have to fund ourcost on a private basis.
We have explained to you that our agreed fees are payable regardless of the outcome of this application.
We are required by government to ask all of our clients for proof of identity. We would stress that this does not mean that you or anyone else is suspected of any wrongdoing. The purpose is not to make it harder for the proceeds to go undetected and to improve financial security for everyone throughout the financial and business sectors.
Indications of charges are given on the assumption that the matter is not or does not become unusually urgent,difficult,protracted,complicatedortimeconsuming.If,asmattersproceed,thecasebecomes
more lengthy or complicated than envisaged you will become aware of this from the correspondence; discussions and /or specific notification.In such a case the estimate given will no longer apply. We will inform you if any unforeseen work becomes necessary, for example, due to unexpected difficulties or if yourrequirementsorthecircumstanceschangesignificantly duringthematter. Wewill also informyou in writing of the estimated cost of the extra work before incurring extra costs.
I would like to mention thatyou ought to consider whether public funding is available for this type ofcase, and whether you are eligible for public funding. Our Firm does not undertake publicly funded work. Furthermore, there may be other types of funding available to you such as legal expenses insurance or conditional fee arrangements. If you require further information concerning the various funding arrangements please feel free to discuss them with me.
,
(ii) Billing(if we have agreed a fee then wewill sendyoutheagreedfeesinvoice, if not then hourly rates bill will be rendered and send to you.)
The firm’s policy is that we normally require funds to be paid on account prior to the initial work and in order to conduct further work on your file to progress the matter. Arrears naturally arise in some fast moving areas of work but we will advise you as soon as possible once we believe arrears need managing and payment up to date. If payment is not up to date within a reasonable time, we woulddeem this to be a serious matter which may affect the progress of your case.
Thefirm alsorendersaccountsonamonthlybasis butreservestherighttobillmorefrequently.Wehave the option to arrange for you to receive an interim bill at monthly intervals so that you can see how the costs are running, and can make payments, which may assist your budget.We ask that our interim accounts, and our final account be paid within 14 days of the date of the invoice.I am sure you will understandthat intheevent of apayment not being made, wemust reserve theright to declinetoact for you any further in that or any other matter.Overdue accounts will attract an interest charge from the date of the invoice at the rate of 4% above the base-lending rate of Lloyds TSB from time to time.
The firm will be entitled to exercise a lien over any money or other property of yours being held by the firm for any unpaid account.If you have any enquiries relating to a bill of costs or a request for a payment on account or you are having difficulty in settling a bill, you must immediately contact me.
(iii) Recoveringcostsfromopponents
If you are ultimately successful in your case, it may be that you will be entitled to the payment of your costs by the other side.However, it is rarely the case that you will be able to recover the full amount of your costs.You will still be responsible for our costs whether you win or lose the action and a courtorder for costs against your opponent helps you only to the extent that those costs are actually recovered.If your opponent is in receipt of public funding, it is likely that you will not be permitted by the court to recover your costs from your opponent.In the event that you are successful and the costs are paid by the other-side, we will be able to claim interest on those costs from the date when the costsorder is made.We will account to you for such interest to the extent that you have paid our charges on account, but we are entitled to the rest of that interest.You will also be responsible for paying our chargesofseekingtorecoveranycoststhatthecourtordersyouropponenttopaytoyou.Ifyoulose
yourcase, youmaybeorderedtopayyouropponent’scostsaswell ashaving toberesponsibleforyour own costs.Arrangements can be made to take out insurance to cover liability for such legal expenses. Please discuss this with me if you are interested in this possibility.
(iv) Adviceoninvestments
If during this case you need advice on investments, we may have to refer you to someone who is authorized by the Financial Services Authority, as we are not. However as we are regulated by the Law Society, we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you. If you have any problem with the service we have provided for you then please let us know. We will try to resolve any problem quickly and operate an internal complaints handling system to helpus to resolve the problem between ourselves. If for any reason we are unable to resolve the problem between us, then we are regulated by the Solicitors Regulation Authority which also provides a complaints and redress scheme.
OfficeAdministration
- Ourhoursofbusiness
Our normal office opening hours are between 10.00 am and 5.30 pm, Monday to Friday.Appointments can be arranged outside office hours if this is unavoidable or if there is an emergency. During public holidays, the firm is closed, but we may do emergency legal work.The firm closes between Christmas and theNew Yearand work isorganizedtotakethis into account.If themember of ourfirm dealing with your case is on holiday, there will be another person who will be able to deal with your case for that period.
(ii) Howtomakeanappointment
If you needtoseeme at any time, you will have to makean appointment by telephoningme.If I need to see you, I will contact you or write to you when necessary during the course of your case.
(iii) Contactingouroffice
Whenever contacting our office to leave a message, deliver a document or attend for an appointment, please quote your reference.Your reference is your name
(iv) Changeofaddress
If you change your address, please do no forget to notify me in writing immediately, failure to do so may result in an unsatisfactory service to yourself or missing important correspondences from us or from the Home office or from your doctors or expert.
(v) Interpreters
If you require an interpreter to attend our meeting, I will arrange for one to be present.If you want to bring your own interpreter please let me know.An interpreter is present only to ensure that we accurately understand each other. There will be a charge for that which we will agree if it is necessary.
(vi) Conclusionofcase
At the end of your case, I will advise you of the outcome and anything else you need to do including whether you need to look at the matter again in the future.I will return any of your original documents, and account to you for any outstanding money to be settled immediately.
At the end of your matter I will advise you on our file storage procedure which will cost you yearly basis for storage.Please note, after completing the work, the firm is entitled to keep all your papers and documents while there is money owing to the firm for our charges and expenses.
Terminationofretainer
You may terminate your instructions to us in writing at any time but the firm will be entitled to keep all your papers and documents whilst there is money owing to the firm for our charges and expenses.If at any stage you do not wish us to continue doing work For example, you may decide you cannot give us clear or proper instructions on how to proceed. If we decide to stop acting for you, for example, if you do not comply withthe request for our payment on account or do not act in the interest of justice, wewill tell you the reason and give you notice in writing. In any of the above event, you will still be responsible for our agreed fees.
Raisingserviceconcernswithus
CHOWDHURY &CO SOLICITORS strive to provide a high quality service to all our clients.We aim to offer all our clients an efficient and effective service at all times and we are confident that we will do so in your case.We hope that you will be satisfied with the service you receive from us.Should you have any occasion to feel unhappyabout ourservice, orhaveanyconcernsabout ourworkforyou, youshouldinitially take up thematter withmyself. Ifthat doesnot resolvetheproblem toyour satisfaction or youwould prefer not to speak to me, you may take up the matter withthe firms Client Care Manager, the supervisor of theFirm. The firm has a procedure specifically designed to deal with any problems that you may have with the service provided by us, and I can provide a copy of the procedure to you should the need arise.
All Solicitors must attempt to resolve problems that may arise with their services.It is thereforeimportant that you immediately raise any concerns youmay have withme.The firm and I value you and would not wish to think you have reason to be unhappy with the firm or myself.
Ourcommitmenttoyou
Alllegalbusiness,evenwherethereisnocontentiouselementcanbestressful.Ourjobistowork together withyoutotry and makeyour life easier in connectionwiththematter youhaveentrustedto us.
WE WILL:
- REPRESENTyourinterestsandkeepyourbusiness
- EXPLAINtoyouthelegalwork,whichmayberequiredandtheprospectofasuccessful
- MAKESUREthatyouunderstandthelikelydegreeoffinancialrisk,whichyouwillbetaking
- ADVISEyouifpublicfundingmightbeavailableto
- KEEPyouregularlyinformedofprogressor,ifthereisnone,whenyouarenextlikelytohear from us, and will seek to avoid delay unless it is in your interest!
- TRYtoavoidusingtechnicallegallanguagewhenwritingtoyou–telluswhenwefailinthisaim!
- DEAL with your queriespromptly, for example, we will endeavor to returnyour telephone calls on at our earliest convenience.The firm aims to offer you an efficient, specialist and courteous
I am sorry that this letter is so lengthy, but I am required to confirm certain information at the outset ofthe case.
I am confident that the above information will be sufficient enough as a start, for you to understand the basis on which we will provide our professional services to you, and that by sending this letter I have addressedyourimmediatequeriesconcerningtheday-to-dayhandlingofyourwork.Ifyoustillhaveany queries, please do not hesitate to contact me.
Onceagainthankyouforyourinstructions,andIlookforwardtoassistingyoufortheforeseeablefuture.
I hope that I can deal speedily and effectively with your case. The feeis now agreed and you gave us authority and we will start your case.
I would be grateful if you would sign and return this client care letterto acknowledge your agreement to the above terms, although your continuing instructions in this matter will amount to an acceptance of these terms.
Yourssincerely
CHOWDHURY & CO SOLICITORS
