BROCHURE Qrk

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							BROCHURE Qrk 6    11/04/2008      13:50   Page 1




     Bow Street // Dublin 7 // Ireland

     Telephone: +353(0)1 8174210 // Facsimile: +353(0)1 8898410

     Document Exchange: 1039 Four Courts
                                                                  TERMS OF ENGAGEMENT
     Email: info@ccsolr.com

     www.ccsolr.com
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                                               Terms of Engagement
                                               Our aim is to provide the highest quality service to our clients
                                               and to that end it is important that clients and their advisors
                                               are aware of the basis on which our service is provided and the
                                               terms on which it is carried out

                                               We will conduct our business to the highest standards of
                                               ethical and professional behaviour.

                                               We will deliver our services promptly, courteously and
                                               efficiently.

                                               We will deliver clear and correct legal advice and conduct your
                                               case without delay.
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     Intrtoduction                                                 Quality Service                               Instructions
                                                                   Our aim is to understand your business        Instructions may be given to us in writing
     We can assist you with legal advice in the following areas:
                                                                   and your legal requirements and to deliver    or verbally or by e mail. We may ask you
                                                                   a high quality solution to all our clients,   to confirm verbal instructions in writing. Any
                                                                   individual and company, while maintaining     amendments to your instructions should
     Personal Injuries, Property, Sales and                        a friendly, personal approach. At Collins     be notified to us immediately as they arise.
                                                                   Crowley we have all of the necessary back     We can only act on the information and
     Purchases and Leases of Land,                                 up in terms of office facilities, highly
                                                                   qualified legal and support staff and I.T.
                                                                                                                 instructions that you provide. Please do
                                                                                                                 not assume that we know all about
                                                                   systems to provide you with a high level      yourcircumstances - we would always
     Professional and Medical Negligence,                          of service as well as a great location        rather have too much information than
                                                                   beside the Four Courts.                       too little.
     Immigration Visas and Asylum Law,                                                                           Your continuing instructions in any matter
                                                                                                                 in which we are presently engaged will
                                                                   Contact Us
     Commercial Property, Family Law,                                                                            amount to an acceptance of these terms
                                                                                                                 and conditions of business and the
                                                                   Our office hours are Monday to Friday,        applicable charging rates. Unless otherwise
     Litigation, Intellectual Property Law,                        8.00am to 5.00pm. You will be introduced
                                                                   to individuals principally responsible for
                                                                                                                 agreed and subject to the application of the
                                                                                                                 then current hourly rates these terms and
                                                                   your work. You can send an email directly
     Private Client Work, Competition Law,                         to the desk of the person with whom you
                                                                                                                 conditions of business shall also apply to
                                                                                                                 any future instructions given by you to the
                                                                   are dealing at any time. You can also leave   firm in relation to any other matters.
     Construction Law, Planning Law,                               messages for the person with whom you
                                                                   are dealing. Consultations and meetings       Charges will be outlined in advance where
                                                                   outside office hours are, of course,          possible and during the course of any case
     Environmental Law, Employment Law,                            available as the need arises.                 at appropriate times but in default thereof
                                                                                                                 the general rates set out below apply.
     Licensing, Debt Recovery and Insolvency.
                                                                   Free Initial Consultation
                                                                   We will be happy to have an initial
                                                                   telephone discussion or short meeting
                                                                   with you. There will be no charge for this
                                                                   if the matter does not proceed unless
                                                                   otherwise advised.
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                                               Charges                                         The basis of all Solicitors charges are          Estimate
                                                                                               calculated by reference to a number
                                               Except where another basis is agreed in         of factors including the following:              Any estimate that may be given will
                                               writing for a specific transaction, our costs                                                    be a probable fee based on our experience
                                               are calculated on the basis of services         a) The complexity of the matter.                 of the work involved in a typical transaction
                                               rendered and on the nature of the case,         b) The urgency of the matter.                    or case or proceedings of the kind that is
                                               the work done as well as time expended.                                                          envisaged. If the work turns out to be more
                                                                                               c) The difficulty or novelty of the
                                               We will also take into account other factors,                                                    complicated or takes longer than anticipated,
                                                                                                  questions raised.
                                               such as value, urgency, complexity and                                                           we may require to increase our estimate
                                               responsibility devolving upon us. We review     d) The skill, labour, specialised                accordingly. In some cases we will need
                                               our charging rates annually in January of          knowledge and responsibility                  confirmation of your ability to fund a
                                               each year. We generally would compute              involved.                                     transaction or proceedings and the source
                                               our time to be calculated from a range of                                                        of that funding and it may be the case that
                                                                                               e) The number and importance of the
                                               €200 - €300 per hour (this is variable and                                                       an advance or interim payment may
                                                                                                  documents prepared and examined.
                                               subject to review each year) simply to cover                                                     be required.
                                               all overheads, salaries, running costs and      f) The amount or value of any
                                               all operational costs as well as profit costs      transaction involved.
                                               in order to sustain a viable business.          g) The importance of the matter to you.          How long will it take?
                                               However to ensure value we will try to          h) The time reasonably spent by
                                                                                                  personnel in the solicitors firm on           The nature of legal work makes it difficult
                                               agree costs with you or outline how they                                                         to estimate how long a transaction, case
                                               might be estimated so as to avoid costs            the matter.
                                                                                                                                                or proceedings will take to complete. When
                                               simply arising on the basis of time             i) The place, or places, and                     we discuss your requirements at the outset
                                               expended. Costs also must be considered            circumstances in which the matter             we will also discuss timescales. Often
                                               in the light of outlays incurred and counsels      is pursued.                                   however, the speed at which we can
                                               fees where they arise and accordingly you                                                        complete work is directly affected by the
                                               will be kept advised in relation to such        If you are about to or have recently             co-operation we receive from others
                                               expenditure and generally note we usually       instructed us please request a schedule          outside our control. For example in a matter
                                               retain counsel for all contentious              or letter in respect of the costs or charges     that involves a dispute, it may well be a
                                               proceedings in the higher courts.               applicable in your case and for your             tactic adopted by the other side to prolong
                                                                                               convenience we have incorporated on the          the matter for as long as possible. It is in
                                               All legal fees carry a Vat rate of 21%          last page of this booklet a Schedule 1 for       our interest as much as yours to complete
                                               as do other professional fees.                  completion. We point out that in the event       work as quickly and efficiently as possible.
                                                                                               that any litigation case is unsuccessful the     We will keep you regularly updated on the
                                                                                               unsuccessful party will usually be obliged       progress of your case.
                                                                                               to pay the costs of the successful party
                                                                                               subject to the terms outlined in this booklet.
                                                                                               The schedule referred to may be completed
                                                                                               by one of the members of our firm at
                                                                                               a consultation and subsequently confirmed
                                                                                               in writing by way of letter or otherwise and
                                                                                               please always ensure that you have some
                                                                                               written confirmation from us.
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     Confidentiality                                  of eight per cent. If we hold money on your     Independent Adjudication                        There is duty charged on taxation of costs
                                                      behalf, we may deduct any sums due to us                                                        payable to the Revenue and this duty forms
                                                      for legal services or outlays. This does not
                                                                                                      of Costs                                        part of the costs and is added to them
     Information passed to us is confidential and
     will not be disclosed to third parties unless    affect your right to independent assessment                                                     but will be our responsibility if reduced
                                                      of the fee as set out below.                    The Office of the Taxing Master of the High     by more than 1/6th.
     authorised by you or required by law. Like                                                       Court is available to provide a completely
     all Irish solicitors, we are members of The                                                      independent assessment of a fair fee for
     Law Society of Ireland and subject to its        Accounts may be settled by cheque or by                                                         Change of Solicitor /
                                                      transfer to our bank (account details can       any legal work carried out. On occasions,
     regulations.                                                                                     in order to ensure that a file has been         Outstanding Monies
                                                      be provided).
                                                                                                      correctly charged, we may voluntarily send
                                                                                                      the file to a legal cost accountant. Should     You are entitled to change solicitors
     Private Limited Companies &                                                                      you at any time be dissatisfied with the        at any time but you will be responsible for
                                                      Client Monies Held                              amount of a fee charged by us then you          all fees and outlays due to us until you
     Limited Liability Partnerships
                                                                                                      are entitled to ask us to have The Taxing       notify us in writing that you are appointing
                                                      Money received from, or on behalf of,           Master adjudicate the costs independently.      another solicitor. We are entitled to hold the
     If we are given instructions by a private        a client shall be lodged forthwith to our
     limited company or a limited liability                                                           In that case both sides are bound by the        title deeds, files or other papers until
                                                      client bank account to be held on trust for     fee as fixed by the Taxing Master subject       payment of any outstanding invoice has
     partnership, then unless otherwise agreed        the client. If such are to be held for a long
     with you in advance, it is a condition of our                                                    only to either side appealing a ruling to the   been made in full.
                                                      period you should request that they be          High Court. If the Taxing Master reduces
     accepting those instructions that the            placed on client deposit where the interest
     directors or members (as appropriate) are                                                        the amount of our original fee we will only
                                                      earned will accrue and be payable to you.       charge that reduced amount and should
     jointly and severally liable along with the                                                                                                      Professional Indemnity
     company for payment of our fees and costs                                                        he reduce it by more than 1/6th we are
     and any interest thereon. This means that                                                        bound to pay all the costs arising on the       We are obliged by the Law Society to carry
     the directors or members are personally
                                                      Outlays or expenses incurred                    adjudication. If he/she confirms that our fee   insurance cover to the extent of the rate as
     liable for costs incurred                        on your behalf                                  is correct or under charged then you will be    fixed by them as a minimum to meet loss
                                                                                                      responsible for such fees which arise. If       suffered as a result of any negligence on
                                                      In some particular cases we may require         a written fee-charging agreement exists         our part. We have arranged “top-up” cover
                                                      payment in advance before we can settle         between us we are not bound to submit           so that our total level of insurance cover
     Accounts                                         outlays (court fees, search fees, agents        our account to the Taxing Master for            exceeds the sum fixed by the Law Society.
                                                      fees etc) on your behalf or professional        determination of the fee and if we do we        In the unlikely event of a claim being
     We will render accounts when the                 experts fees. Where expenses are paid by        may rely on the agreement.                      intimated we would pass that
     need arises and normally at the conclusion       us on your behalf we may require to be                                                          to our insurers to deal with.
     of a case or transaction. However where          reimbursed by you within a reasonable time
     there are protracted proceedings accounts        of you receiving a request for payment of
     may be submitted at intervals and in             the appropriate sum.
     particular to cover outlay expended. We
     reserve our right to raise a full and detailed
     account at any time and unless otherwise
     agreed, payment is due within 28 days of
     the date of the account. If not paid within
     this time we reserve the right to charge
     interest on the whole sum overdue, in line
     with late payment legislation, at the rate
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     Data Protection                                  work type and if it is of importance to you      Complaints Procedure                              Disputes/Matters which may
                                                      please ask and we are happy to explain
                                                      further. After that period, unless we have
                                                                                                                                                         involve Court Proceedings
     Information about our clients is important                                                        If you are unhappy about the quality of
     to us as it allows us to understand your         heard to the contrary, the papers and files      service provided, or the amount of our fees,
                                                      will be destroyed. If your case is concluded                                                       You should read the following very carefully
     business. Please therefore let us know if                                                         then you should, in the first instance, take      if the work which we undertake for you
     there are any errors in your details or if       you are always welcome to take                   the matter up with the solicitor with whom
                                                      possession of all your papers and files on                                                         involves court proceedings and litigation
     you would like a copy of your information.                                                        you have been dealing. Alternatively, if you      including work undertaken before and after
     We employ other companies to perform             signing a full acknowledgement                   prefer, or if you are still not satisfied, we     proceedings have been issued. The golden
     functions on our behalf, but these                                                                would invite you to raise the matter with our     rule is that you, the client, are primarily
     companies do not have access to any of                                                            Client Relations Partner, Jerry Collins. He       responsible for paying your solicitors costs.
     your confidential information and they may       Conflict of Interest                             will ensure that any such complaint is fully      A Bill of Costs will be made up of all the
     only use the contact information that we                                                          investigated and that you receive a               solicitors professional fees and counsels
     hold for that purpose. We also work closely      We shall try to establish prior to acting on     response within ten working days. If you          fees incurred and all outlay expended and
     with affiliated individuals and firms although   your behalf that there is no conflict between    are still dissatisfied, you are always entitled   value added tax.
     we will only share your information where        your business and the business of any            to take the matter up with the Secretary of
     we consider it appropriate and beneficial to     other client. As you will realise we could not   The Law Society, Blackhall Place, Dublin 7.       It is important that you understand that you
     your interests. If you do not wish to be         act for two clients if their interests were in                                                     will be responsible for paying our bill(s) on
     contacted by mail, telephone, e-mail or fax      conflict. We shall alert you to any such         If you have a minor complaint you might           delivery of our account irrespective of
     with legal updates please advise us.             conflict during a transaction which becomes      like to outline it by e mail or ask for our       whether these can be recovered from
                                                      apparent. In this event we would require to      quality questionnaire and complete and            another person. We will discuss with you
                                                      refer at least one of the clients involved, if   return to us addressed to the Client              whether your fees and disbursements might
                                                      not both, to another solicitor. This is a rule   Relations Partner.                                be paid by another person. Even if you are
     Files and Papers                                 of professional conduct which applies to                                                           successful, the amount of our costs which
                                                      all solicitors for the benefit and protection    Any other complaint which you feel does           you will have to pay are likely to be greater
     Our policy is to retain files and papers for a   of clients.                                      not come within the ambit of the above
     limited period following completion of any                                                                                                          than the amount the other party is ordered
                                                                                                       should be clearly detailed to us in writing.      to pay to you or that you can >>
     transaction. This will vary from work type to
BROCHURE Qrk 6    11/04/2008     13:50    Page 13




     recover from the other party to the              order to succeed. Professional witnesses          be liable to pay , in addition to your own      c) The party in question is under a legal
     proceedings. If this occurs you will             are not usually awarded all the costs they        costs, the costs of the defendant or other         liability to pay the costs
     have to pay the balance of our fees and          claim, nor are doctors or medical witnesses       third parties
                                                                                                                                                        d) That the claiming party can receive no
     disbursements which can be taxed in              and therefore we as the solicitors who
                                                                                                        a) losing the case                                 more than what he/she has actually
     default of agreement. These further costs        engage them are so responsible and
                                                                                                                                                           expended or remained legally liable for, if
     are generally known as solicitor / client        likewise there can be a shortfall in our          b) agreeing to accept an amount less
                                                                                                                                                           such expenses were properly incurred.
     costs and are not charged on a percentage        professional fees. If a legal cost accountant        than your full claim, or
     basis of any award or settlement but             is employed on your behalf to recover party       c) a court failing to award you your            It is therefore, clear that a client has to
     represent costs and outlays not recovered        and party costs so as to minimize the costs          costs or a portion of them                   retain his or her solicitor on a private basis
     from the other side. The costs recovered         which are deducted you are responsible for
                                                                                                        d) the court awarding you the sum or            and be under a legal liability to pay his or
     from the other side where your case has          his / her costs. On a commencement of a
                                                                                                           less than the sum previously                 her costs in the event of his / her action
     been successful are known as the party           case in addition to you receiving this booklet
                                                                                                           tendered to you                              proving unsuccessful.
     and party costs and are not recovered on         we will advise you in writing of estimated
     a full indemnity basis therefore the client is   costs which arise or may arise or as soon         e) the court awarding costs against you         If your case is proceeding in Courts other
     responsible for the balance costs payable        as becomes practicable to do so.
                                                                                                                                                        than the ones local to our offices, it may be
     which can be taxed in default of agreement
                                                                                                                                                        necessary at times for us to instruct other
     and these are normally deducted from the         If you are successful and the court orders
                                                                                                        No Win no Fee                                   solicitors to act as our agents to attend
     award or settlement viz. The settlement or       the other party to pay some or all of your
                                                                                                                                                        those Courts. The agent’s charges will be
     award cheque is endorsed over to us and          fees and disbursements, interest can be
                                                                                                                                                        passed on to you as disbursements.
     we issue a cheque for the amount less the        claimed on them from the other party from         We do not generally offer clients Conditional
     balance costs arising. You are entitled to       the date of certificate of taxation.              Fee Agreements or contingency fee (“no
     receive the party and party account and be                                                         win, no fee”) arrangements though if you
     fully informed of the costs recovered from       You will also be responsible for paying our       have a complete inability to pay us as
                                                                                                        a result of losing a case where you also
                                                                                                                                                        Property Transactions
     the other side. Please see schedule 2 to         fees and disbursements if you instruct us
     this booklet for completion and notation         to recover any fees and disbursements that        become responsible to pay the legal fees
                                                                                                                                                        We will normally agree with you our terms
     as to the credit arising in respect of this      the court orders the other party to pay to you.   of the successful side you will have to
                                                                                                                                                        of engagement at the outset of instructions
     account and ensure you receive the actual                                                          discuss your financial position with us.
                                                                                                                                                        and will keep you fully advised of
     account on the final determination of            In some circumstances, the court may
                                                                                                                                                        developments. Where you are a purchaser
     your case. The party and party account           order you to pay the other party’s legal fees     Further you should note that to recover
                                                                                                                                                        we may also be acting for you in respect of
     furnished for payment to the paying party        and disbursements; for example, if you lose       costs there must be a liability to pay costs
                                                                                                                                                        perfecting a mortgage over the property
     will endeavor to recover as much costs as        the case. The money would be payable in           and in this regard we would draw your
                                                                                                                                                        and borrowing funds to complete the
     possible to reflect all the work done on your    addition to our fees and disbursements and        attention to the following Supreme Court
                                                                                                                                                        purchase and stamping the purchase deed.
     behalf but payment will not arise until much     particular regard therefore should be had         Case which establishes three conditions that
                                                                                                                                                        We would therefore have to give specific
     later than the payment of the settlement or      to the next paragraph.                            must be fulfilled for costs to be recovered
                                                                                                                                                        undertakings to financial institutions banks
     award cheque and it may be subject to                                                              on taxation:
                                                                                                                                                        and building societies to perfect and
     taxation and in all cases it is reduced and      Possible Liability To Pay                                                                         register the title and to stamp the purchase
     sometimes substantially as the paying                                                              AG. McGarry- V- Sligo County Council,
     party wishes to minimize costs and only
                                                      Costs Of Other Parties                                                                            deed and to lodge the title documents with
                                                                                                        The Supreme Court, No2 of 1989                  the said financial institutions. Therefore we
     pay those costs which represent the costs                                                          (ILRM) 785
                                                      Notwithstanding we are satisfied you have                                                         must insist that in all cases without
     directly reflecting the issues which were
                                                      a good case, the law requires that it is          a) The court has made an Order for Costs        exception that we are in funds for stamp
     conceded or which a court found in your
                                                      explained to you that, in the event of the           in favour of the party concerned             duty on or prior to completion and our costs
     favour and no other costs such as certain
                                                      following circumstances arising, you may                                                          and outlays are paid and we regret we
     ancillary costs which were necessary in                                                            b) The matters claimed have been                cannot deviate from this practice under any
                                                                                                           properly incurred                            circumstances. All purchase deeds >>
BROCHURE Qrk 6    11/04/2008      13:50    Page 15




     carry stamp duty and registration fees at         that the accident victim is responsible for       Family Law Proceedings
     the relevant rates prevailing at the time         paying all legal costs incurred if a legal
     of your transaction. If you are a vendor in       representative is engaged. However for            Relationship breakdown is a sad and
     respect of the sale of property we deduct         court proceedings the successful party is         stressful event in the lives of those going
     agreed costs and outlays from the                 entitled to an order for costs against the        through it. The decision to separate is a
     proceeds of sale and discharge any                opponent. Where we are instructed we will         process rather than a single event. The
     mortgage or charge on the property and            charge a fixed fee or an agreed sum for the       parties may struggle with those difficulties
     furnish you with the balance proceeds of          PIAB application to include all work done         for a time before they decide they cannot
     sale together with a detailed income and          and services rendered in this regard and          be resolved and decide to part. The way in
     expenditure account and an account and            you should ensure at the commencement             which a couple handle their separation can
     invoice in respect of our costs. Under the        of your case that you are fully advised of        make a huge difference to how well any
     Family Law Acts legislation all vendors /         the costs which will apply. Our costs will        children they may have adapt to the
     mortgagors must produce a state marriage          cover the preparation and actual filing of        inevitable changes in their lives and in
     certificate (if married) should they be selling   your Application Form and any additional          addition it will greatly reflect on legal costs
     their family home and if divorced or              research, investigation or advice which you       that are incurred by both parties. Unlike the
     separated must produce the relevant               might require. For a basic application            normal rule in litigation proceedings costs
     documentation. Other property being               excluding legal research investigation and        do not always follow the event and neither
     sold will be subject to statutory declarations    processing the claim to a successful              party to family law proceedings is ever
     being sworn that the property is not              conclusion through PIAB our fee will range        considered a winner or a loser and very
     affected by related family law and                from €1750 to €2000 excluding vat and             often each side are ordered to pay their
     divorce legislation.                              outlays incurred (subject to review each          own costs.
                                                       year). The Personal Injuries Assessment
     We can never give undertakings or release         Board does not make any decision about            We always strongly recommend mediation
     proceeds of loans unless we are in                who is at fault for your accident or injury as    and if mediation is not successful we
     possession of the title deeds and in a            it simply assesses the value of your case         recommend a collaborative approach
     position to discharge all charges on the          and you can either accept the value or            by both legal teams to reach a solution
     property and perfect the new security and         choose to issue proceedings and likewise          and consent terms being agreed between
     pay stamp duty where applicable                   your opponent has a choice to accept the          the parties.
                                                       valuation or reject it and only if both parties
                                                       accept the valuation does the matter              If for whatever reason matters proceed to         Counsel practicing in the family law area
                                                       conclude. Otherwise PIAB issues a                 formal court proceedings estimated costs          are normally engaged and their brief fees
     Personal Injury Proceedings                       certificate of authorisation and you can          will be outlined to you in writing and you        can be high and these are an added cost
                                                       commence proceedings and it may be                should ensure you have estimated costs            factor. Cases can be settled at early stage
     All such cases are subject to the within          possible to recover some of your PIAB             in your possession before proceedings             therefore substantially reducing costs but
     terms however they must first be submitted        costs from the Defendant if your court case       issue. Costs can be substantial in family         if not they may not settle until the day of
     to the Personal Injury Assessment Board           is successful .If you choose to institute         law proceedings owing to issues of                the trial or trial will ensue and may last
     (PIAB) before proceedings can issue. The          proceedings you should have regard to             discovery of assets arising and the               a number of days.
     purpose of this board is to try to reduce         our terms in relation to costs as outlined        necessity for ancillary court orders during
     litigation costs and to encourage members         in this booklet.                                  the proceedings and often the necessity           Going to court should be a last resort.
     of the public to try to settle their cases with                                                     to employ forensic accountants and other          The judge rather than the parties then
     the offending parties in accordance with                                                            professional witnesses and where there are        decides on all issues and the Court Order
     values assessed by the Board and without                                                            children and custody issues and often the         is binding on all parties and can be
     recourse to legal advice or the courts. The                                                         necessity to engage a child psychiatrist.         enforced as a Court Order.
     relevant change for a PIAB application is
BROCHURE Qrk 6    11/04/2008     13:50    Page 17




     Wills and Last Testaments                        personal representative/s to administer         Immigration Visas and Asylum                    you may ultimately be found liable for.
                                                      your estate in accordance with your wishes.
     It is always prudent to have a will to provide   Executors are the persons named in the          Our aim is to ensure that every party who       We will always have to be in funds to
     for your assets and affairs post death and       Will to deal with the estate. Where there is    wishes to reside in this country, be it as a    contest proceedings and should we
     should you not have one in place please          no will one or more of the closest living       result of a personal choice or as a result of   commence acting for you without
     speak to any member of the firm who will         relatives is entitled to deal with the estate   the fact that the circumstances within their    agreement as to costs or without interim
     assist you in advice and drafting a will         and this person is called “an administrator”.   home country force them to seek refuge in       accounts being discharged, we reserve
     if that is your advice.                          A “grant of representation” is the legal        Ireland, shall benefit from our extensive       the right to come off record and to apply
                                                      document which issues from the High Court       knowledge of the immigration system in          to court for such an order if that
     When a person dies intestate (without            Probate Office which allows the personal        Ireland. We endeavour to ensure that every      becomes necessary.
     making a will) with a spouse surviving           representative to collect all assets of the     person receives a fair and impartial hearing
     and children the spouse takes 2/3 of the         deceased and administer the estate. Where       in their application for asylum. We ensure
     estate and the children take 1/3. If there       there is a Will, the legal document is known    that every avenue is explored in making
     is no issue of the marriage the entire estate    as a Grant of Probate and where there is        such applications. We will normally require
                                                                                                                                                      Communication between
     is devolved to the spouse. If there is no        no Will, it is known as a Grant of              a fixed fee for making Visa and Asylum          you and us
     spouse the nearest next of kin then alive        Administration. Until the document issues       applications and for representations at
     succeed in accordance with the rules             from the Probate Office, the personal           Tribunals However we will examine every         Our aim is to offer all our clients an efficient
     applying to intestacy.                           representatives cannot generally do             clients personal circumstances and will         and effective service at all times. We hope
                                                      anything with the assets owned by the           endeavour to ensure that no person shall        that you will be satisfied with the work we
     One of the main reasons and best
                                                      deceased person and it is only in very          be excluded from seeking our assistance         carry out for you. However, should there
     advantages for making a will is it allows
                                                      limited circumstances that it may be            simply because they do not have the             be any aspect of our service with which
     you the client to provide for the devolution
                                                      possible to administer an estate without        means to meet such costs as arise.              you are unhappy, please raise your concern
     of property by means of a clear legal
                                                      obtaining a grant.                                                                              in the first place with the person who has
     document. It is not left to the State (under
     the laws of intestacy) to divide up your         For acting in the administration of an estate                                                   been processing your case. If you still
     assets on your clients behalf. Further           and completing the administration our costs     Representing Defendants.                        have queries or concerns, please contact
     it allows you to provide for the special         may range from 2% to 3% of its value as a                                                       our Client Care partner to whom any final
     needs of a family member, for example            guideline only together with all outlays        If you are being sued and proceedings           difficulty can be reported.
     an invalid child, and also acts as an            expended and vat which excludes                 have been issued against you it is              We will aim to communicate with you by
     opportunity to ensure the absolute               transactions or court cases arising during      important to realise that should you be         such a method as you may request. We
     minimum amount of tax is paid on death           the course of administration.                   subject to a court order or your defence        may need to virus check discs or e-mail.
     if that is ones wish.                                                                            fails and your opponent is successful           Unless you withdraw consent, we will
                                                      Administrative Actions                          you will have to pay all the costs arising      communicate with others when appropriate
     Making a Will helps to plan what is to
                                                                                                      including your own subject only to taxation     by e-mail or fax, but we cannot be responsible
     happen in the aftermath of a death but           These are proceedings brought during the        of those costs.                                 for the security of correspondence and
     nothing can adequately prepare us for the        course of an administration of an estate
     loss of a loved one. A lot of everyday tasks                                                                                                     documents sent by e-mail or fax.
                                                      either brought against the personal             Therefore it is important that you have
     require attention and important decisions        representatives or brought by them.                                                             Please ensure that we have the following
                                                                                                      a bona fide defence to any action before
     may have to be made with regard to the           The general rule here is that costs do not                                                      details from you:
                                                                                                      instructing solicitors to represent you and
     deceased’s property and personal                 always follow the event but are more likely,    that throughout the proceedings you
     belongings (for instance should the house        save in exceptional circumstances, to be        consider if a tender or lodgement can
     be sold?). This is why it may be important       payable out of the estate as the personal       be made to satisfy the claim against you,
     to seek timely professional advice and           representatives are acting in their official    thereby reducing your exposure to legal
     assistance and to have a Will in existence       capacity regulating and administrating the      costs or reducing those costs which
     at the time of death and to nominate a           assets of the deceased.
BROCHURE Qrk 6     11/04/2008     13:50    Page 19




       Communication between                              Remember                                         SCHEDULE 1                           SCHEDULE 2
       you and us
                                                          We aim to:                                       Name                                 Record Number
       Our aim is to offer all our clients an efficient   Represent your interests and keep your
       and effective service at all times. We hope        business confidential.
       that you will be satisfied with the work we                                                         Title of case                        Title of case
                                                          Explain to you the legal work which may be
       carry out for you. However, should there
                                                          required and the prospects of a successful
       be any aspect of our service with which
                                                          outcome.
       you are unhappy, please raise your concern                                                          Estimated professional fee           Professional costs claimed
       in the first place with the person who has         Make sure that you understand the likely
       been processing your case. If you still            degree of financial risk which you will be
       have queries or concerns, please contact           taking on.
                                                                                                           Estimated outlays                    Professional costs recovered
       our Client Care partner to whom any final
                                                          Advise you on tax matters, but only if
       difficulty can be reported.
                                                          specifically requested to do so.
       We will aim to communicate with you by             Keep you regularly informed of progress          Professional witnesses fees          Counsels fees claimed
       such a method as you may request. We               or, if there is none, when you are next likely
       may need to virus check discs or e-mail.           to hear from us.
       Unless you withdraw consent, we will
                                                          Try to avoid using technical legal language      Medical Witnesses and medical fees   Counsels fees recovered
       communicate with others when appropriate
       by e-mail or fax, but we cannot be responsible     when writing to you - tell us when we fail in
       for the security of correspondence and             this aim!
       documents sent by e-mail or fax.                   Deal with your questions promptly, for           Counsels fees                        Outlay claimed
                                                          example, we will always try to return your
       Please ensure that we have the following
                                                          telephone calls on the same day.
       details from you:
                                                                                                           Other fees                           Outlay recovered

       Full name                                          Help us to help you.
       Current address                                                                                     Miscellaneous costs                  Total
                                                          Provide all information you have which is
       Phone numbers                                      relevant to your to your case or transaction
       E mail                                                                                              Stamp duty                           Your total costs as per account
                                                          Provide any documents and reference
       PPS numbers (where applicable)                     numbers you have which are relevant.
       Occupation
                                                          Follow any checklists or guidelines which        Registration fees/duty               Balance payable
       Marital Status
                                                          you have been given.
       Date of Birth
                                                          Retain a record of all our correspondence        Third party costs
       The Data Protection Act requires us to             and follow our directions as they arise
       advise you that your particulars are held on
       our database. We may, from time to time,
       use these details to send you information
       which we think might be of interest to you.

						
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