Terms & Conditions of Business

Preliminary

We aim to provide legal services of the highest quality. This document sets out our approach to attaining this objective.

Who Will Work With You?

We will designate a member of the firm to be your primary contact responsible for the delivery of our services to you. This solicitor will keep you informed of the progress on the issues we are handling for you. Other solicitors, paralegals, trainees and support staff will work together to solve your problems as assigned. We will always let you know the name and seniority of the person in the office who has responsibility for the day-to-day conduct of the matter.

Scope of Our Role

In the course of our first discussion with a prospective client we seek a full understanding of the matter upon which we are being consulted and the precise nature of what it is intended to achieve. When it has been established that we are able to undertake the matter we will discuss with you how we propose to deal with it. If at the first meeting it is not possible to give a full explanation of the legal issues involved and what needs to be done (perhaps because we need to review documents or to carry out legal research) an explanation will be given subsequently.

You control our work by your instructions. Clear, frequent communication is vital to our relationship. Written instructions are best. Please do not assume that we know particular facts. We need you to tell us all relevant information. We do not want to give advice based on incorrect assumptions.

At the beginning of our relationship we will prepare an engagement letter. This letter defines the scope of our undertaking. We will only undertake tasks set out in that letter or in other communication between us. Our duty of care is to our client named in the engagement letter. We do not owe any duty of care and will not be liable to any other person and the terms of our engagement are not intended to and do not confer any right on a third party.

Confidentiality and Conflict of Interest

We will protect the confidentiality of the information you provide to us. We will avoid conflict of interest in representing you. We will inform you promptly if we are unable to

take your matter further as a result of a conflict of interest with an existing client.

Use of Other Advisors or Consultants

A particular matter may require specialised knowledge which can more effectively be provided by an outside adviser or consultant. In advance of engaging such services the firm's lead consultant will discuss the need with you and obtain your specific authorisation to proceed. We will not be liable in respect of the services being provided to you by an outside adviser or consultant.

Timescale

At initial consultation we discuss a timetable and any relevant deadlines. We will use our best endeavours to meet deadlines and to progress the matter as quickly and efficiently as possible. The nature of many types of legal work is such that it is difficult to forecast accurately how long a matter may take to complete. The pace at which a matter proceeds is often dependent on the degree of co-operation of all parties involved in the transaction.

Professional Fees

Fees are generally discussed at an early stage. The nature of the work undertaken by Morgan McManus makes it impossible to give firm estimates. Our fees are generally based on hourly rates. In some cases we may agree on another formula for calculating charges. We may adjust our fees to reflect the value and skill we bring by delivering an innovative solution or the special complexity, responsibility or urgency of the matter. Hourly rates vary according to the type of work, experience or specialised knowledge of the person performing the work and the importance of the matter to the client.

A partner will usually be prepared to give an indication based on experience of similar work of the amount for which you should budget. We will let you know if any estimate or budget needs to be revised.

An estimate is not to be taken as a fee cap or maximum fee. Neither is it a minimum fee; we will always strive to provide our services on time and under budget.

In addition to professional fees, we charge at cost for other services we provide or arrange such as photocopying, delivery, conference telephone calls, document production, research and court fees. For some expenses you may be requested to pay in advance. Any money transfer through the CHAPS system will be charged at the rate of Ulster Bank's standard CHAPS charges.    

Litigation

Although we aim to help you avoid litigation sometimes there is little choice. To enforce or protect legal rights it may be necessary for you to start or defend legal proceedings.

Litigation can be expensive. Morgan McManus generally do not undertake legal aid work. We encourage you to check whether legal costs are covered by insurance, either by a specific legal expenses policy or by an extension to another policy.

In any event you will be responsible for our fees in a litigation matter regardless of insurance or any order for costs which a court may make against the other side.

Even if your case is strong, victory in the courts can never be guaranteed. Should you lose you will usually have to pay the other side's costs as well as your own. If you win, the court will rarely order your opponent to pay the full amount of your costs; moreover your opponent may not be able to pay what he is ordered to pay. Where an order for costs is made in your favour interest may be claimed from the date on which the order was made; to the extent that any of our charges have not been billed and paid we will retain such interest.

We review with clients both at the outset and as the case progresses whether the likely outcome of litigation justifies the expense and risk involved.

Billing Arrangements

It is the policy of Morgan McManus to request money generally on account of costs and disbursements at the outset of a matter, as it develops and before completion. Such sums are paid into a separate client account and interest earned accrues for your benefit. Money held on account is transferred to the firm's own office account in accordance with strictly defined rules and procedures; money is automatically transferred from client account to office account when a fee note is rendered.

Unless expressly agreed otherwise we render interim bills, usually on a quarterly basis and we reserve the right to do so more frequently if accrued work on your file exceeds €5,000 in value. Our charges are calculated on the basis that fee notes will be paid on presentation. Payments are sent to us at the risk of the sender.

If a fee note rendered to us is not paid promptly and certainly no later than one month, we reserve the right to discontinue work on the matter, to exercise a right of lien over papers under our control, and to charge interest at the rate of 8% from one month after delivery of our fee note until we receive payment in full. If there is no satisfactory explanation for non-payment of your account our Accounts Department will issue a letter requesting payment within 7 days. If you still do not pay, our Accounts Department may institute proceedings to recover the amount owed, interest and collection fees including our solicitors' fees.

Either of us may end the retainer at any time by written notice but without affecting our right to payment for work done to date.

Reimbursement

Occasionally we are instructed by a client that a third party will be responsible for our fees. Although you may expect to be reimbursed by a third party for our fees and costs we do not have any recourse against that third party so we must look to you for timely payment, even if payment to you is delayed or not received.

The same principle applies where legal fees are covered by insurance. We need a copy of the insurance policy at the outset of the matter to clarify the responsibility of the insurers to our client.

Advice which we give to you must not be passed on to others without our prior written consent.

Limitation on liabilityLiability
Liability means legal responsibly for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him open to a law suit for any resulting damages or loss which may occur to the other party.

Excluding death and/or personal injury caused by the negligence or wilful misconduct of Morgan McManus or its personnel, our liabilityLiability
Liability means legal responsibly for one's acts or omissions. Failure of a person or entity to meet that responsibility leaves him open to a law suit for any resulting damages or loss which may occur to the other party. in respect of the services being provided to you is limited to a maximum of €[ ]/£[ ] and subject to that overall limit to the part of any loss suffered which is proportional to our responsibility.

Save for any written undertaking given by Morgan McManus to any third party on your behalf, Morgan McManus shall not be liable to repay to you all or any money received from you (or on your behalf) or held for you by Morgan McManus (or on Morgan McManus' behalf) in the event that the bank or other financial institution into which such money has been lodged or paid by Morgan McManus (or on Morgan McManus' behalf) suffers or undergoes an event of default (for the purposes of this provision, default meaning: being unable, or likely to be unable, to pay claims against it; or, ceasing or suspending trading; or, having insufficient assets to meet claims against it; or, being in or entering into insolvency).

Keeping in Touch

We keep clients informed on the progress of the work undertaken on their behalf. You will receive copies of relevant correspondence in order that you may evaluate the work.

If we act for several clients on a matter costs can be saved if one client assumes the role of instructing us and communicating our advice; each client remains jointly and severally liable for our fees.

We encourage the use of email and assume that you are happy to communicate via email unless otherwise instructed. If you have any doubts about the authenticity of any communication or documents purportedly sent by us please contact us immediately.

Morgan McManus promotes the use of plain English in documents and in all our communications.

Files

When a matter has been completed we will report the outcome and explain any further action which needs to be taken. Our retainer will then come to an end. After accounting for any outstanding money we normally store the papers (currently without charge) for 12 years before the file is destroyed. You should let us know if you would like to make other arrangements.

Legal Privilege

It is possible that in the course of our retainer from you, or following termination of the retainer, a third party may request access to documents held by the firm or seek to interview partners or staff of the firm in connection with work we have done for you. The law may require us to comply or otherwise deal with such a request. We shall notify you if possible of any such approach. If however, it is not practicable to notify you, we shall proceed on the basis that you are not prepared to waive confidentiality or privilege and that we should only comply with the request to the extent that we are bound by law to do so. You will be responsible for the firm's proper charges in dealing with any such requests, including where necessary the costs of identifying, removing and/or scheduling privileged documents, attending interviews or making or defending any application in connection with the validity of the request. These costs could include any application in connection with the validity of the request. These costs could include Counsel's fees or the costs of third parties instructed by us in order to advise on issues connected with the request.

General

Morgan McManus advises only on Republic of Ireland and Northern Ireland law. Assistance on foreign law is available through our network of cor Respondent Respondent Also known as the Defendant, he is the party who is sued in a civil law action. lawyers. We do not offer investment advice.

Unless otherwise agreed the advice we give and the documents we prepare are for use only in connection with the specific matter on which we are instructed. The documents will state and comply with the law as is in force at the relevant time.

We recommend that clients review completed matters from time to time as some agreements require further action or there may be changes in the relevant law. A standard agreement (such as terms of business and particulars of employment) should be reviewed at least every 2 years.

The contract between Morgan McManus and its clients is governed by the laws of the Republic of Ireland.

Any Concerns?

Should you have any concerns about the way your transaction is being dealt with or about the way your case is being handled we suggest that in the first instance you speak to the partner with whom you feel you have the closest relationship. If the matter is not resolved then you are invited to write to the Senior Partner, who will issue you with a copy of our client complaints procedure and who will investigate the circumstances in accordance with that procedure.

We are committed to understanding and achieving our clients' business objectives. We regard the opportunity of serving clients as a privilege. Suggestions as to how we can improve our service are welcomed.

We appreciate referrals. We hope clients will be pleased with our work and will mention Morgan McManus to business contacts.

Further Information

Further information about our services is available on our website at www.morganmcmanus.com

 

<< back