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Terms and Conditions of Business
[Green and Associates]

Dear [Client],

You have asked us to act as your solicitor for the following:

Description of Your Case

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The following pages explain our terms and conditions of business while we are working for you. It is important that you know what to expect and understand what our service involves to prevent any misunderstandings at a later stage. Please read the following terms and conditions carefully. We will be happy to answer any questions you may have.

Discussing Your Expectations

We will discuss your expectations with you and tell you if we think they are realistic. It is important that you always understand what is happening in your case.
We will give you general information and explain any procedures to do with your case as it progresses.

Our terms and conditions also apply to any extra work we do for you in relation to this case.
These terms and conditions will come into effect when you instruct us, and we notify you in writing of our legal charges. This notification will be one of the following:

  • theactual amount we will charge you; or
  • anestimate of how much we will charge you; or
  • anexplanation of how we calculate how much we will charge you in your particular case.

We look forward to working with you. You should be aware that it may not be possible to achieve everything you wish. We may encounter difficulties during the transaction. We will try to overcome these as much as possible.
Once again, if you have any further questions, please contact us.
Yours sincerely,

Firm: Green and Associates

Contents

Description of your case.

Discussing your expectations. 1

  1. Information aboutOur Firm.. 3
  2. Before You BecomeOur Client 5
  3. Cooling-Off Period– Your Right to Cancel 6
  4. Our Service to You. 7
  5. Your Permissions 10
  6. Fees and Expenses. 13
  7. Dispute Resolutionand Complaints. 16
  8. Section for Details. 19

1. Information about Our Firm

Name of Firm:Dylan Green & Associates Solicitors
Legal Status: We operate as a solicitors’ firm providing legal services.
Address: No. 12 South Mall, Cork, Ireland, T12 RD43
Phone Number: 021 470 8570
Email: info@greensolicitors.ie
Website: www.greensolicitors.ie

Our Qualifications
Each solicitor in our firm who provides legal services has been admitted to the Roll of Solicitors held by the Law Society of Ireland and holds a current practising certificate, unless qualified abroad. We are happy to provide information about the qualifications of other legal professionals and support staff upon request.
Our Firm Number: S24999
Our VAT Number: 7231632O

How We Are Regulated
Dylan Green & Associates Solicitors is regulated by the Law Society of Ireland, the regulatory body for solicitors in the Republic of Ireland. The Law Society oversees solicitors under the Solicitors Acts 1954 to 2011 and regulations enacted under those Acts.
Law Society of Ireland Address:
George’s Court, George’s Lane, North King Street, Dublin 7
For further information, please visit the Law Society’s website: www.lawsociety.ie. Here, you can access:

  • The Solicitors Acts
  • Regulations made under those Acts
  • The Law Society’s publication, ‘A Guide to Professional      Conduct of Solicitors in Ireland’ (3rd edition)

Multi-Disciplinary Partnerships
Multidisciplinary partnerships (MDPs) with non-lawyers such as auctioneers and accountants are currently not permitted in this jurisdiction.

Professional Insurance
Dylan Green & Associates Solicitors has the required level of professional indemnity insurance in compliance with legal regulations. CNA Insurance Company (Europe) Limited.

2. Before You Become Our Client Money Laundering
Assets

Under anti-money laundering regulations, we are required to verify your identity and the source of your assets before taking on your case.

Identity

You must provide evidence to confirm your identity, such as a valid driving licence or passport, even if you are known to us. Additionally, you must supply a document confirming your permanent address, such as a utility bill or bank statement issued within the last three months.

Source of Assets

If you request us to handle any funds or property, you must confirm that they have been obtained legally. Should we suspect or become aware that your assets originate from an illegal source, we are obligated under Irish law to notify the Gardaí and the Revenue Commissioners without informing you, except in limited circumstances. In such cases, we must cease acting for you immediately.
Even if there is no obligation to report to the authorities, we cannot transfer assets or property derived from the proceeds of crime. This includes funds not declared for tax purposes or acquired by fraudulent means. Should this situation arise, you would need to legalise your position before we could proceed on your behalf.

Conflicts of Interest

We may not be able to represent you if there is an actual or potential conflict of interest between:
● Our firm and you, or
● You and another client of the firm.
For instance, if we are already acting for a person you wish to take legal action against, we cannot act for you. Our firm has robust internal procedures in place to identify potential conflicts of interest before accepting instructions. We are committed to providing independent advice at all times.
Should a potential conflict arise during the course of your case or transaction, we will inform you promptly. We will then discuss with you whether it is appropriate for us to continue representing you.

3. Cooling-Off Period – Your Right to Cancel

If our agreement for legal services was made outside of our firm’s offices, you have the right to cancel this contract within 14 days without providing a reason.
The cancellation period expires 14 days from the date we agree to act on your instructions. To exercise your right to cancel, you must notify us in writing before the 14-day period ends.
You can send your cancellation notice via post, fax, or email using our contact details. A clear statement of your decision to cancel is sufficient. If you prefer, you may use the cancellation form provided in the “Details” section at the end of this document, but this is not mandatory.

4. Our Service to You

At Dylan Green & Associates Solicitors, we are committed to handling your case or transaction with the utmost care, skill, and professionalism, adhering to established legal standards.

Confidentiality

We respect and prioritise the confidentiality of your affairs. However, certain legal and operational requirements may necessitate access to your information by:
● The Revenue Commissioners
● The Law Society of Ireland
Additionally, to ensure the efficient management of our firm, we may use professional service providers who may have limited access to files. These include:
● Accountants
● Risk assessment auditors
● Quality control companies
● IT maintenance contractors
We take every reasonable precaution to ensure that these service providers are reputable. Where appropriate, we will require them to sign confidentiality agreements to protect your information.

Confidentiality – Maintenance and Offsite Storage

When storing files offsite, whether in electronic or physical format, we take all reasonable measures to maintain the confidentiality and security of your information.

How to Instruct Your Solicitor

To provide you with the best possible service, it is important that you:
Provide clear and accurate instructions from the outset.
Share any new information as your case progresses.
We will:
● Act on your instructions diligently.
● Explain your options clearly and confidentially.
● Respond to any questions you may have to ensure full understanding.
Once your requirements are clear, we will agree on the necessary actions to take. If there is anything you do not understand, please inform us immediately so we can assist.

Updating Your Instructions

From time to time, we may need to update your instructions due to:
● New issues or information arising.
● Unforeseen developments.
● Additional information required from you.
● Outstanding fees or expenses.
It is essential to provide updated instructions promptly to avoid delays. Failure to do so may impact progress, the outcome of your case, or lead to us ceasing to act on your behalf.

Timescale for Your Case

We will provide an estimated timeline for your case or transaction and keep you informed as it progresses. You will be updated on:
● Current stages of your case.
● Next steps and their expected timelines.
Should unexpected delays occur, we will notify you and provide a revised timescale estimate.

Timescale for Litigation Cases

Certain legal actions are time-sensitive, and failure to act within specified periods may result in your case being unsuccessful. Two examples include:
1. Statutory Time Limits
Some actions require completion within specific timeframes to preserve your legal rights.

2. Civil Liability and Courts Act 2004
For claims under this Act, you must provide a written letter outlining the details of your claim within two months of the incident. Failure to do so could:
● Negatively impact your case.
● Lead to the court awarding reduced or no costs.
To ensure compliance with these requirements, please provide all relevant information in good time.

5. Your Permissions

When you engage Dylan Green & Associates Solicitors to represent you, you provide us with certain permissions as per s150 contract.

Our Professional Promises or Undertakings

If you instruct us to repay money or provide a certificate of title to a bank or building society, and we have made a professional promise to do so, these instructions cannot be altered later. Similarly, suppose you direct us to take any action on your behalf, and we provide a professional undertaking to a third party based on your instructions. In that case, you cannot subsequently withdraw or modify those instructions.

Injuries Board

The Injuries Board is the independent government body responsible for assessing compensation in personal injury cases. By instructing us to handle your Injuries Board case, you authorise us to engage with the Board on your behalf. Please note that you remain responsible for our fees and expenses, regardless of the outcome.

Barristers and Experts

In certain circumstances, we may need to engage barristers or other experts to assist with your case. We will select professionals we believe to be suitably qualified and competent. These individuals will be directly responsible to you for the quality of their work.

Fees of Barristers and Experts

If your litigation case is settled out of court or decided in court and the other party is ordered to pay your legal fees, you authorise us to pay any barristers or experts engaged on your behalf from the funds received for their fees.

Information from Third Parties

By instructing us, you authorise us to obtain information from third parties as required to advance your case or transaction, without needing to seek further permission.

Data Protection

You authorise us to retain personal information, including sensitive data such as:

  • Your Personal Public Service (PPS) number
  • Medical reports

This information will be used solely to assist your case or transaction. If you have concerns about how we handle, store, or retain your data, please contact us for more details.

Storing Information in Electronic Format Abroad

By engaging us, you agree that your data may be stored electronically abroad, such as by IT storage providers located outside Ireland. We make every effort to use reputable service providers, but are not liable for any loss or corruption of data caused by these providers. For further clarification, please contact us.

Destroying Files

We typically retain client files for a minimum of six years before securely destroying them. However, we do not destroy original deeds or wills.

Your Money

We hold any funds received on your behalf in accordance with the Solicitors’ Accounts Regulations. By engaging us, you agree that:

  • Funds may be held in a bank approved by the Central Bank of Ireland.
  • We are not liable for any loss due to insolvency of the bank or government action affecting deposit funds.
  • You will indemnify us for any professional undertakings we cannot fulfil due to such circumstances.

Authority to Endorse Cheques

If we receive cheques made payable to you, you authorise us to endorse them on your behalf for lodgement into our client account. A form granting this authority is available in the “Details” section at the end of this document.

Appointment and Indemnity for Payment of Taxes

If we act for you in the sale of a property or as a non-resident beneficiary of an estate, we may be legally responsible for filing tax returns and paying taxes such as:

  • Capital Gains Tax (CGT)
  • Capital Acquisitions Tax (CAT)

By engaging us, you indemnify us for any loss arising from your actions, omissions, or wrongdoing related to these obligations.

Power to Sign Documents

For convenience, we may request your permission to re-sign documents you have already signed to make minor amendments (e.g., clerical corrections). Such changes will not alter the meaning of the document. If required, we will ask you to sign a form granting this authority, available in the "Details" section at the end of this document.

6. Fees and Expenses

At Dylan Green & Associates Solicitors, we are committed to providing transparency in how we calculate our fees, ensuring that you fully understand the costs associated with our legal services. The fees you pay reflect the time, expertise, and resources required to handle your case or transaction effectively.

Information About Charges in Your Case

We will provide a detailed breakdown of our fees and any associated expenses specific to your case or transaction in a separate letter or at the end of this document. This is a legal requirement.
If we cannot agree on the fees for our services, we will not be able to act on your behalf.
If our fees are based on the time spent on your case, this will include all work done for you, such as drafting letters and making phone calls. Where appropriate, we will advise if some tasks can be handled by you directly to reduce costs.
If your fee structure is based on an hourly rate, we will provide you with a record of the hours worked on your case upon request.

Fees and Expenses in Litigation Cases

  • You are responsible for paying all fees and expenses, even if you win your case or the court orders the other party to pay your legal costs.
  • In cases of a favourable settlement, where the other party agrees to cover costs, you remain responsible for any shortfall in the amount recovered.
  • If additional work is required to recover costs from the other party, this may result in further fees.

Please be aware that in some situations, such as losing a case or as part of a settlement agreement, you may also be required to pay the legal fees and expenses of the opposing party. It is essential that you understand this risk before proceeding.

Payment in Advance

We may request a deposit towards our fees at the outset of your case. The amount will be agreed upon when we begin working on your behalf.

Payment at Intervals

For lengthy cases or transactions, we may issue interim bills at various stages to help manage costs.

Disagreements About Bills

If you have concerns about any bill, we will strive to resolve the issue with you amicably. If no resolution is reached, we may have to cease acting on your behalf. You also have the right to refer the bill for review.

Fees and Expenses for Unexpected Issues

Unexpected issues may arise during your case or transaction, requiring additional work beyond what was initially anticipated.

  • If this occurs, you will be responsible for the associated extra fees and expenses.
  • We will inform you in writing about any additional charges before proceeding.
    We recommend budgeting for potential unforeseen expenses.

Final Bill of Costs

We will issue the final bill for our services promptly upon completing your case or transaction.

‘Solicitor’s Lien’

Under the law, we are entitled to retain your original file as security for unpaid fees. This is known as a “Solicitor’s Lien.” Copies of your file will not be provided until all outstanding fees have been settled.

Our Credit Terms

All bills must be paid within 30 days of issuance.

  • Interest at a rate of 8% per year may be charged on overdue accounts.
  • In litigation cases, even if you win or your case is settled, bills must still be paid within our 30-day credit terms.

Fees for Property Transactions

For property transactions, our fees are payable on the date the property changes hands.

Fees for Dealing With Estates of Deceased Persons

If we are managing the estate of a deceased person, we may issue interim bills at different stages of the process to reflect ongoing work.

7. Dispute Resolution and Complaints

Good communication is essential for achieving the best possible outcome in your case. However, if you wish to make a complaint about any aspect of our service, please send it to us in writing.

Complaints Procedure

Our internal complaints procedure is detailed in the “Details” section at the end of this document. Upon receiving your complaint:

  • We will review your file without delay.
  • You will receive a written reply within 14 days,  addressing your concerns, responding to any requests for information, and  detailing any actions we will take regarding your case.

We aim to resolve all complaints amicably. If you are dissatisfied with our response, you may escalate your complaint to the Legal Services Regulatory Authority (LSRA).

Complaints Procedure

Our internal complaints procedure is detailed in the “Details” section at the end of this document. Upon receiving your complaint:

  • We will review your file without delay.
  • You will receive a written reply within 14 days,  addressing your concerns, responding to any requests for information, and  detailing any actions we will take regarding your case.

We aim to resolve all complaints amicably. If you are dissatisfied with our response, you may escalate your complaint to the Legal Services Regulatory Authority (LSRA).

Limit on Liability

Our liability to you is limited to the minimum professional indemnity insurance cover required for solicitors’ firms €1,500,000. Please note:

  • Unless otherwise specified in this agreement, we do not claim expertise beyond that of a general solicitor.
  • Our advice is confined to Irish law, unless explicitly stated otherwise.

Transferring to Another Solicitor

We are committed to achieving the best result for you. However, if you choose to transfer your case to another solicitor:

  • You must pay us for all work done up to that point, including any expenses incurred on your behalf.
  • This applies even to cases where fees were contingent on a successful outcome.

Once you decide to transfer, our agreement automatically ends, and we will issue a final bill. All fees must be paid before we release your file to your new solicitor.

Files

If you request your file:

  • We will provide you with a photocopy of the correspondence file.
  • By law, we are entitled to retain the original or a copy of the file, unless otherwise agreed.

If transferring to another solicitor, we will provide the original documents to you or your new solicitor.

  • Photocopying Charges: A reasonable fee will be charged per page, as detailed in the      “Details” section at the end of this document.
  • File Transfer Fees: A reasonable administration fee will be charged for transferring your file.

We are required by law to retain a copy of your file for a specified period.

Ending Our Contract

You may terminate our contract at any time, provided:

  • We fulfil any professional promises made on your behalf to third parties (e.g., paying money owed to a third party). You will be responsible for the fees associated with this work.

We may also terminate the contract for a valid reason, with reasonable notice, such as:

  • Unreasonable behaviour by a client.
  • Refusal to follow our professional advice.
  • Dishonesty about facts relevant to the case or transaction.

Enforcement of the Agreement

If a court determines that any part of this agreement is invalid, the remaining terms will continue to apply and remain enforceable.

Section for Details
Professional Indemnity Insurance

Insurer: CNA Insurance Company (Europe) Limited
Contact Details: Dylan Green
Countries Covered: Ireland

Cancellation Form

To: Dylan Green & Associates Solicitors
I/We [Client name(s)] notify you that I/we cancel my/our contract for legal services dated:
Name of Consumer:
Address of Consumer:
Signature of Consumer: (only required if you choose to print this form on paper)
Date:

Client’s Authority for Solicitor to Endorse Cheques

I/We [Client name(s)] appoint Dylan Green & Associates Solicitors as my/our agents under the Cheques Acts and Bills of Exchange Acts 1882–1957.
I/We give permission for you to endorse (by writing on the back of) any cheques received by you while acting as my/our solicitor when the cheques are payable to me/us and marked “Account Payee Only,” “Account Payee,” “A/C Payee Only,” “non-negotiable,” or with equivalent wording.
Authorisation Language:
“Dylan Green & Associates Solicitors’ Client Account on the authority of the payee(s) as their agent.”
I/We authorise you to lodge the cheque to your client account and pay any necessary expenses related to my/our case or transaction. If lodgements or payments due to me/us are to be made in my/our case or transaction, I/we allow these to be handled via electronic transfer to your client account.
Signed:

Capital Gains Tax – Non-Resident Vendor

Because you are acting as my/our solicitor in the sale of my/our property at [Address of Property] for the sum of [Insert Purchase Price]:
I/We [Client Name(s)] irrevocably appoint Dylan Green & Associates Solicitors as my/our agent under the Taxes Consolidation Act 1997.
I/We authorise and direct you to pay the Revenue Commissioners any Capital Gains Tax liability arising from the sale of this property.
I/We promise to keep you as my/our solicitor until the Revenue Commissioners release Dylan Green & Associates Solicitors from your obligations under the Taxes Acts.
I/We indemnify Dylan Green & Associates Solicitors and all your partners and their executors, administrators and anyone to whom their rights are transferred, from any loss arising out of any act or default on my part.

Signed:
Witnessed:
Date:

Capital Acquisitions Tax – Non-Resident Beneficiary

I/We direct you to pay any liability under the capital acquisitions tax arising out of the inheritance from the estate of [Name of deceased].
I/We [Client Name(s)] irrevocably appoint Dylan Green & Associates Solicitors as my/our agent under The Taxes Consolidation Act 1997, The Capital Acquisitions Tax Consolidation Act 2003, and the Finance Act 2010.
I/We authorise and direct you to pay any Capital Acquisitions Tax liability arising from the inheritance received from the estate of [Name of Deceased].
I/We agree to retain Dylan Green & Associates Solicitors as my/our solicitor until the Revenue Commissioners release the firm from its legal obligations.
I/We hereby indemnify Dylan Green & Associates Solicitors and all their partners and their executors, administrators and anyone to whom their rights are transferred from any loss arising out of any act or default on my part.

Signed:
Witnessed:
Date:

Our Firm’s Complaints Procedure

If you have a concern, please follow the steps below:

  1. Raise the issue with the solicitor or fee earner handling your case. They will make every effort to resolve the matter.
  2. If unresolved, you can avail of our internal complaints' procedure:
    • The complaint will be recorded in the firm's Complaints register.
    • A written acknowledgment will be sent to the client within seven days.
    • The relevant file will be reviewed.
    • A full written response will be sent within 14 days of       receiving the written complaint.

Advice on Foreign Law

Please note, Dylan Green & Associates Solicitors does not provide legal advice regarding the laws of jurisdictions outside of Ireland.

Information About Our Charges in Your Particular Case

We will only fill this section in if we are not writing to you separately about our legal charges.

Professional team standing together in office hallway.