EURO-AMERICAN LAWYERS GROUP
CO-OPERATION PROTOCOL BETWEEN MEMBERS
OBLIGATION TO REFER BUSINESS
1. The obligations under the Constitution of the Group to refer business to other
Members of the Euro-American Lawyers Group (Group) shall be interpreted to
Member firms will instruct a Member in the appropriate jurisdiction unless:-
1.1 the instructing firm’s client’s interests are best served by the instructing
firm using, or that client wishes the instructing firm to use, another
1.2 the Member in the other jurisdiction who might receive the instructions
either does not have the resources or the skills to carry out the work, or
1.3 the business is being exchanged between existing connections.
INSTRUCTIONS & BILLING
2. The arrangements, and responsibility for billing for services rendered by the firm
to which work is referred (Referee Firm) shall be those contained in this
Protocol unless the firm referring the work (Referring Firm) and the Referee
Firm otherwise agree at the commencement of, or during, the transaction.
3. Unless the Referee Firm and the Referring Firm otherwise agree at the
commencement of the transaction, instructions (the Referral) referred to a
Referee Firm shall be dealt with by them as instructions received directly from
the client in question (the Client) so that the Referee Firm would be working for
the Client rather than the Referred Firm.
4. At the time of a Referral or at any time thereafter, the Referring Firm will, at the
request of the Referee Firm provide such reasonable information regarding the
Client as the Referring Firm can in accordance with its professional and legal
obligations so do. Any such information provided will be regarded as
confidential and privileged to the same extent as it would have been if it had
been received directly by the Referee Firm from the Client.
5. Subject to paragraph 6 below, billing, for time spent by the Referee Firm, unless
otherwise specified in the Schedule, will be at hourly rates and using the
minimum units specified for the Referee Firm in the Schedule, and unless
otherwise specified in the Schedule all time spent in providing the service,
including but not limited to, preparation, research and travel will be charged as
specified in the Schedule.
6. Unless the Referee Firm otherwise specifies when receiving the instruction from
the Referring Firm, the rates and other charging arrangements specified in the
Schedule will be regarded as the rates and other charging arrangements
applicable to the instruction received although these can be changed in respect
of future periods by agreement between the Referee Firm and the Client.
7. Outlays (i.e. costs other than charges for time spent) will be included in invoices
as specified in the Schedule. Such outlays will include costs directly incurred
by the Referee Firm to third parties as specified in the Schedule.
8. Unless otherwise agreed between the Client and the Referee Firm invoices for
services rendered will be issued at the intervals specified in the Schedule.
MARKETING & PROMOTION
9. Each Member should be willing to co-operate with any other Member in
marketing and promoting the services which can be provided by the Group to
Clients in multiple countries and jurisdictions, provided that nothing in this
requirement will require any individual firm to undertake, or to develop expertise
in any particular field, or to incur any expense.
10. Each Member agrees to provide to any other Member upon request such
marketing and promotional information known to or reasonably available to that
Member regarding its services and activities.
11. Each Member will, upon reaching agreement with any other Member in regard
to the costs to be incurred, co-operate with that other Member in the
preparation, publication and distribution of marketing or promotional literature
regarding the services which can be made available through the Group.
12. A Referee Firm will upon request from a Referring Firm promptly disclose to the
Referring Firm full details of all material aspects of the insurance held by the
Referee Firm in respect of claims for professional negligence or malpractice.
RECOVERY OF FEES
13. A Referring Firm will provide reasonable assistance in good faith to a Referee
Firm in connection with the recovery by that Referee Firm of the fees and
outlays due to that Referee Firm by the Client, introduced by that Referring
DISPUTES REGARDING THIS PROTOCOL
14.1 Subject to paragraph 14.2 below, the Management Committee shall have
exclusive jurisdiction to resolve any disputes or differences between Members
as to the meaning, application or implementation of this Protocol. Any Member
may refer such a dispute or difference to the Management Committee,
(Initiating Member) and the Management Committee shall have the exclusive
right to determine how and in what way such dispute or difference should be
resolved, although the Management Committee should seek to resolve that
dispute as amicably and effectively as possible.
14.2 In the event that one of the Members involved in any such dispute or difference
as is described in paragraph 14.1 above, is represented by a person on the
Management Committee (Involved Person), then:-
(a) if the other Member who is involved in that dispute or difference (Other
Member) agrees that dispute or difference will be dealt with pursuant to
paragraph 14.1 above by the Management Committee but the Involved
Person shall take no part in the deliberations of the Management
Committee regarding such dispute or difference or the exercise of the
powers of the Management Committee under that paragraph, or
(b) if the Other Member does not so agree then notwithstanding the
provisions of that paragraph, that dispute or difference will be referred,
on the determination of the Management Committee with the Involved
Person taking no part in their deliberations, to either:-
(i) a representative of a Member who is not a party to that dispute
or difference appointed by the Management Committee
(Appointed Person), or
(ii) a panel of representatives of three Members (Panel) none of
whom are parties by that dispute or difference, one of such panel
being appointed by the Initiating Member, another by the Other
Member and the third by the two representatives so appointed to
and such appointed representative or panel (as the case may be) will be
directed to report their proposed resolution of such dispute or difference
to the Management Committee, and upon receiving details of that
proposed resolution the Management Committee will determine
pursuant to paragraph 14.1 above that dispute or difference shall be
resolved as such Appointed Person or Panel (as the case may be) may
14.3 Ultimately, the Management Committee shall be entitled to determine that the
failure or persistent failure by a Member to adhere to the provisions of this
Protocol constitutes activity likely to prejudice the interests of the Group and as
such, pursuant to Clause 22(c) of the Constitution, providing grounds for the
Management Committee to recommend that that Member should be expelled
from the Group.
AMENDMENT OF THIS PROTOCOL
15. This Protocol may be amended:-
15.1 in respect of the obligations to refer business (paragraph 1 above) in the
same manner as the Constitution of the Group may be amended
(Clause 31 of the Constitution); and
15.2 in any other respects:-
(a) by a simple majority at a General Meeting, or
(b) in the event of emergency by the Management Committee
proposing the alteration and a majority of the Members agreeing
to that alteration by e-mail or fax.
INTERPRETATION OF THIS PROTOCOL
16.1 Words and phrases defined in the Constitution of the Group which shall, unless
the context otherwise requires, have the same meanings herein.
16.2 In this Protocol references to the “Schedule” means the Schedule to this
Protocol included in the members section of the Group’s website at
EURO-AMERICAN LAWYERS GROUP
SCHEDULE TO CO-OPERATION PROTOCOL
SUMMARY OF MEMBERS CHARGING ARRANGEMENTS
AS AT [1 JANUARY 2002]
1. Name of Firm –
2. Minimum Unit for time recording
3. Hourly Chargeout Rates – [Insert details].
4. Are there any other method of charging
5. When do you normally review chargeout rates
6. At what intervals do you issue invoices to clients
7. Which of the following (if any) will be charged as outlays in addition to
(i) photocopying – [large quantities only]
(ii) telephone calls – [long distance and overseas only]
(iii) travelling expenses
(iv) accommodation expenses –
(v) Court dues –
(vi) other third party costs –