Sonia McEntee Solicitors t/a Apartment Law
Terms of Engagement
These terms of engagement outline the basis of our agreement to work together. Any work that we agree to do for you will be on the basis of what is outlined here, so it's important that you read this carefully and make sure you understand it. Once you ask us to proceed with any work for you, you are confirming that you have read and understood and that you accept these terms.
We will provide the services as outlined in this letter. Where changes are agreed, they will be confirmed in writing.
Any advice we provide to you is for your information and guidance. Any decisions taken based on that advice are your responsibility. We will not make business decisions for you, and do not take any responsibility for who you decide to do business with.
From time to time, we will discuss with you the potential outcome of any piece of work or course of action taken. Any views we discuss with you are not promises or guarantees of what the eventual outcome might be.
Our services to you are:
- Based on the information you give us
- Confirmed to what you have asked us to do
- Based on Irish law at the date of providing the service
Costs of Service
The basis on which we will charge our fees to you is outlined in the accompanying document describing the service in more detail. Any fee quotes provided are valid for 30 days.
If you ask us to provide additional services, the cost will be higher. Where we can, we will agree a fixed-cost for these services, but where we can’t, then we will outline for you how costs will be calculated. These costs may be higher if work needs to be done urgently or in priority to other client work, outside normal business hours, or if it is specialised or complex. The work that we do for you includes:-
- Writing letters, emails etc,
- Drafting, reviewing and amending documents,
- Attending meetings,
- Making and receiving telephone calls,
- Regular reviews of the file,
- Researching issues,
- Discussing any matter with other members of our staff,
- Liaising with you, your employees, your other advisers or other third parties,
- Making file notes, arranging meetings,
- File administration which includes compliance, preparing and agreeing invoices, carrying out all work necessary to make sure the work is fully completed.
Where we provide an estimate of costs, this estimate is based on the work we believe is necessary as well as the time needed to do it. If the work itself, or the time needed to do it changes, then the estimate may also change.
Sometimes we also need to incur other costs to provide our service to you like registration fees, other professional advisers’ fees, law searchers’ fees, couriers’ fees, and printing and photocopying fees. These will also be payable by you. Where we can, we will let you know in advance what these costs will be.
All fees quoted to you are exclusive of VAT, which will be added to the invoice.
Bills and Payment
Invoices are issued every month unless we agree otherwise with you. Our invoice is payable when it is sent to you. If it is not paid within 30 days then we may:-
- Charge interest on the unpaid amount (including VAT)
- Not do any further work for you until the invoice is paid
- Keep any of your deeds, documents or file until we are paid in full
Where you have asked us to provide fixed-priced services and we have agreed to be paid in monthly instalments, then the invoice will issue immediately and payments will be collected monthly in advance.
Co-operation and Communication
To provide the best service to you that we can, you will need to assist and co-operate with us. Any information or instructions you give us should be accurate, complete and up-to-date. You also agree to keep us updated on developments.
Where you provide instructions to us by phone, it’s important that you also confirm these in writing.
If it’s convenient for you, we are happy to communicate with you by email. As internet and email may be subject to corruption or virus, we cannot guarantee the security or integrity of emails sent or received. It is you responsibility to make sure all communications are accurate and also to check for viruses on emails or information you receive electronically.
Confidentiality and Disclosure
We will keep confidential all matters and personal information provided to us unless you authorise us to disclose it, the information becomes public or we are required by law or professional obligation to disclose it.
The advice we five you is also given in confidence and is not to be provided to anyone else without our prior written consent.
Once fees are paid, you are entitles to copies of correspondence and documents. If you need us to store documents for you, or to prepare or copy documents for you, there may be some administration charges.
Our policy, unless otherwise agreed or required by law, is to destroy files six years after the provision of service is completed.
Conflict of Interest
We will let you know if any situation arises which might prevent us from continuing to act for you. IN this case, we will help you find and transfer the work to new advisers, and you will pay our costs up to the date of such transfer.
Either of us may terminate our arrangement in writing at any time subject to notice of at least one month. All fees outstanding must be paid up to date of termination.
We will provide our service to you with reasonably skill and care, although there are some circumstances where we won’t be liable to you. We do hold professional indemnity insurance. Any liability on our part will be limited to the minimum amount required to be insured by the Law Society, which is currently €1.5m.
We will not be liable:-
- To any third parties you may deal with
- Where advice is not used for the purposes and context in which it was provided
- For loss caused by any person other than this firm or its employees
- If you don’t co-operate with us, if any information given us to is inaccurate, misleading or incomplete, or if we are not given relevant information on time or at all
- If you don’t act on the advice we provide
- If any delay or failure to perform our obligations if the reason for the failure or delay is outside our reasonable control