Terms & Conditions
These are our general terms and conditions under which this firm operates and will carry out its role on instructions received from you. These will apply once you are an “engaged” client
1.1 You wish us to act for you in relation to a particular matter.
1.2 Carrying out your instructions will involve:
- Identify area of work for the client (scope of instructions) including specific objectives
- Identify work that your firm will not be doing for the client if this applies ie. No or limited tax advice
- Establish an estimated time frame for the completion of the matter where possible.
- Set out important dates and implications if these are missed where relevant.
ACTION REQUIRED BY YOU
- It is your responsibility to provide accurate and complete instructions; we will not be responsible for any consequences arising out of your failure to provide precise, complete and up to date instructions. You must notify us of any incorrect statements of which you become aware.
- It is your responsibility to let us know if matters become more urgent and need to be dealt with more quickly than first outlined.
- It is your responsibility to let us have any necessary and relevant information and documentation as soon as possible
2. Client Relationship
- You (whether private individual or commercial entity) are our client in this matter. You have asked us to deliver our services to you and we have no obligation to deliver them to anyone else. You are responsible for fulfilling the client’s responsibilities set out herein and in costs letter and you will be responsible for paying our fees.
- Joint clients –we use the word ‘client’ even where we are advising and acting for more than one person. When we are asked to advise and act for two or more people, we require that each person either signs a copy of this letter or otherwise separately confirms to us that they wish us to act.
- Every client is individually (as well as collectively) liable to pay the whole of our fees and is responsible for fulfilling the client’s obligations set out in this letter and in our terms and conditions of business.
Your matter will be primarily dealt with by one of the partners who will have responsibility for overseeing the matter. They will co-ordinate the work and the advice given and will be assisted by one of our Legal Executives who will deal with the matter on a day-to-day basis, subject to partner supervision.
Specific tasks may be assigned to other fee earners and support staff including trainee solicitors, legal executives and legal assistants/para legals:
- where work can be carried out efficiently and cost-effectively by them;
- where specialist skills are required from others within the firm;
- where other special circumstances justify it, such as the temporary absence of one of the team due to illness or holiday.
We will try to avoid changing the people involved in your matter as much as possible. We will let you know if we think it becomes advisable to involve anyone else on more than a temporary basis and will only make a significant change of personnel after discussion with you
4. Statement of our practice's objectives
We aim to provide our clients with an efficient professional legal service. Once you instruct us, we will act on your instructions promptly and efficiently, and keep you informed of progress.
You are our client and we will only take instructions from you and only represent your interests. We owe you a formal duty of confidentiality which we will scrupulously observe.
You can contact us by letter, email or phone. Unless you request otherwise, we will contact you via email, post and telephone. We will respond to phone calls in the same working day if possible, and if not, by the following day. We aim to reply to correspondence within 3 working days. Appointments can be made by contacting this office by phone or contacting us directly through email.
It is our firm’s policy not to accept important instructions by email, and instructions must be confirmed by letter.
Please note that though we may need to get your bank details and give you ours, no such details will EVER be exchanged via email; same MUST be given in person or by verifiable post or phone call only. Note also we will NOT send monies by bank EFT without contacting you by phone to verify your nominated bank details and we will NOT advise you of any changes in our bank details via email.
These will be set out in what is known as a S.150 Notice. It may be necessary for us to provide updated S.150 notices to you during the engagement.
8. Standard of Service
This firm’s policy is to review files regularly, in order to ensure that the matter progresses efficiently. As other parties are involved in your case we cannot control how they will deal with the matter. However, we will do all in our power to look after your interests and keep up the pressure to keep things progressing.
If you are not satisfied with our service, please contact the relevant partner who will try to resolve the difficulty. We will ensure that your problems are dealt with quickly. We value any opinions or suggestions you may have to improve our service. We are regulated by the Law Society of Ireland and you may make a complaint if you are not happy with the service you receive and do not feel the problem has been resolved by our complaint’s procedure.
10. Client identity checks
The firm is required by law to obtain evidence of identification and proof of address for security purposes, even if you are known personally to us or have had dealings with us in the past.
You will have to provide:
- one form of photo identification (passport or driver’s license) plus
- evidence of your present address (a current utility bill can be used for this).
Please bring the originals to the office and we will take photocopies for our files.
We do not keep the original documents.
For commercial clients we require and up to date company printout and photographic identification for the officer with authority to bind the company
11. Limitation of Liability
- 44 Civil Law (Miscellaneous Provisions) Act 2008 allows solicitors to limit their liability. Our liability to you arising out of, or in connection with, our engagement [whether for breach of contract or of statutory duty, negligence, or otherwise] will be limited to €1,500,000.
In compliance with Regulation 22(1) (k) of the European Union (Provision of Services) Regulations 2010 kindly note that at the date hereof our Professional Indemnity Insurance is provided by AON for and on behalf of AmTrust International Underwriters DAC and pursuant to The Solicitors Acts 1954 to 2015 (Professional Indemnity Insurance) Regulations 2017, the territorial coverage of our professional indemnity insurance is for the provision of legal services from an establishment in Ireland relating to the laws of Ireland (including European Union Law so far as it forms part of the laws of Ireland).
At any stage during the course of this matter, either you or this firm may terminate this contract of retainer by giving fourteen days’ notice in writing. If you wish to terminate this contract all outstanding fees and disbursements must be paid within 30 days of invoice. We will retain your file until all outstanding fees and disbursements are paid. If we do not receive any further instructions from you, we will retain your file in storage until the shred date of your file. This shred date is determined by Law Society Regulations.
We retain the right to terminate this contract if certain events arise:
- A conflict of interest arises
- Failure to give instructions
- Failure to pay fees/disbursements within 30 days of invoice
- The relationship has irretrievably broken down
- Criminal or fraudulent activity is suspected
We will write to you explaining that we are terminating this contract of retainer within 14 days of any of the above events occurring. If we do not receive instructions from you where we have represented you in a litigation transaction, we may be obliged to come off court record. There will be a charge for this process and this will form part of your final bill.
13. Key dates
These will vary from matter to matter and we will advise accordingly
14. GDPR (General Data Protection Regulation)
- Who we are:
We are Mannion Solicitors. You can contact us at this address by post or by email at firstname.lastname@example.org.
Our data protection representative is Thomas Mannion, Solicitor, 6 Main Street, Dundrum, Dublin 14, there is no Data Protection Office appointed for this firm.
- Why we process your data, the lawful basis for processing your data and who we share it with
For our clients, we process data:
- in order to provide you with legal advice
- to assist you with legal claims or legal proceedings
- to assist you with property sale / purchase / mortgage
- to assist you with your legal rights
The legal basis for the processing of this data is processing necessary for the performance of a contract to which you are a party.
Where we process special categories of data relating to you, e.g. health data that we may process in connection with a legal claim where we are acting on your behalf, our legal basis for processing will be that the processing is necessary for the establishment, exercise or defence of legal claims.
There may also be limited circumstances where our legal basis for processing is your consent (where we have sought it and you have provided it to us), in which case you can withdraw your consent at any time.
We share this data with our practice management system provider. We may also send you emails through our email service provider. They may only process this data for the purpose of providing us with their services, and no other purpose.
We may also share certain parts of this data with your barrister, doctor or expert witness and with the counterpart solicitor (as appropriate).
We will retain this data until completion of our work for you and such other period as may be required by law.
- Information received from third parties and the source of that data
This applies to any third-party sources of personal data relating to clients, the categories of data, and whether it came from publicly accessible sources.
- Your rights relating to personal data (Private Clients)
You have the following rights under the GDPR, in certain circumstances and subject to certain exemptions, in relation to your personal data:
• right to access the data – you have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data.
• right to rectification- you have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.
• right to erasure – you have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.
• right to restriction of processing or to object to processing – you have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.
•. Right to data portability – you have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine-readable format.
In order to exercise any of the rights set out above, please contact us at the contact details at the start of this privacy notice.
If we are processing personal data based on your consent, you may withdraw that consent at any time. This does not affect the lawfulness of processing which took place prior to its withdrawal.
If you are unhappy with how we process personal data, we ask you to contact us so that we can rectify the situation. You may lodge a complaint with a supervisory authority. The Irish supervisory authority is the Data Protection Commission.
- Requirement to process personal data
If you do not provide us with your information for the purposes described above, we cannot provide you with legal advice, represent you in legal proceedings, act in the sale / purchase / mortgage of your property.
- Automated decision-making and profiling
We do not use any personal data for the purpose of automated decision-making or profiling.
15. Legal Services Agreement
Our Legal Services Agreement with you comprises of the following: –
- These terms and our initial s.150 notice
- Any updated s150 notices