Category: Client

• 1. Conflicts
• From time to time an actual or potential conflict may arise between your interests and those of another client. In such cases, we will discuss the issue with you to determine the appropriate course of action. Our professional and ethical rules may require that we stop acting for you in such cases.
• Although we have implemented and operate procedures designed to identify potential conflict situations, we cannot be certain that we will identify all situations where there may be a conflict with your interests. We request that you notify us promptly of any potential conflict affecting our engagement of which you become aware. Where a potential conflict is identified and we believe your interests can be properly safeguarded by the implementation of appropriate procedures, we will discuss and agree such procedures with you.
• As we act for doctors, we have made the conscious decision not to act against doctors; this would constitute a conflict of interest.

• 2. Data Protection
• In the provision of our services, we collect data – your data (“Data”). The appropriate treatment of this Data is integral to the success of our business and to us maintaining your trust.
• The Data we hold includes personal information such as: your name, contact details and details of your accounting information.
• When you engage us, you accept, unless explicitly stated otherwise, that we may indicate that we represent you in our marketing materials such as brochures, legal competitions and our website (including the use of your logo).

• 3. Cloud Computing

• We protect and hold your Data in compliance with the Data Protection Acts 1988 – 2003 (as amended). Your Data is stored on our cloud based:
• 1. Epona document management system (“DMS”), DMSforLegal;
  2. Epona client relationship management (“CRM”), Contact Manager.

• These two systems have been created specifically for law firms and are highly secure. They are based on Microsoft SharePoint, which is fully integrated with Microsoft Office 365.
• Data for which separate safekeeping guidelines are applicable and are labelled by us as high risk, are stored in the cloud using applications and storage facilities hosted by the ISO 27001 accredited Amazon Web Services (“AWS”). This Data will be encrypted and stored in an ‘AWS’ data centre located in Ireland. The service model we have agreed with AWS is called Infrastructure as a Service (“IaaS”). Whilst we do not manage or control the underlying IaaS, we do control the operating systems, applications, and file storage.
• Your Data will be stored at all times at a Data centre based in Ireland or the Netherlands.

• 4. Electronic Transmission of Data
• Unless you instruct us to the contrary, we will use ordinary e-mail to communicate with you and to send you documents. Please note that there are risks associated with such electronic transmission.
• Noble’s email system is hosted securely within Microsoft data centres in Ireland and in the Netherlands on the Microsoft Office 365 platform. This platform uses proprietary security software.
• We can set up enhanced secure, encrypted transmission, so as to minimise access to the Data by anyone without the proper authorisations and codes. Unfortunately, encryption will result in extra administration and time in the delivery of the services on an ongoing basis. Should you require more information, please contact us at: compliance@noblelawsolicitors.ie.
• If we do not hear from you, your Data will not be encrypted.

• 5. Legal Professional Privilege
• In certain circumstances, communications between clients and their solicitors enjoy special protection from being disclosed in litigation or other circumstances. This privilege can be lost if advice given to you is circulated beyond the original recipient. This is a complex area. Our general advice is that you should treat communications relating to legal matters as confidential and avoid circulating them more widely than necessary.

• 6. Fees
• Unless agreed otherwise we will invoice you monthly on the basis of our standard hourly rates (“Standard Rates”) are:
• 1. Partner: € 450
  2. Associate: € 350
  3. Solicitor: € 250
  4. Legal Executive: € 100

• These Standard Rates are reviewed annually, the next review is not due until the end of 2015.
• Our final fee note will be assessed by reference to the:
• 1. complexity of the cause or issue;
  2. urgency with which we must act;
  3. difficulty or novelty of the questions involved;
  4. skill, labour, specialised knowledge and responsibility required of our team;
  5. number or importance of the documents prepared or examined;
  6. amount or value of the cause or issue;
  7. importance of the matter to you as the client;
  8. time reasonably spent by this office; and
  9. place and circumstances in which the matter is to be pursued.

• For the avoidance of any doubt, please note that the Fees are payable regardless of the outcome of the process.

• 7. Fee estimates
• Fees estimates given by us are only estimates; Fees may be lower or higher. We will use all reasonable endeavours to inform you in advance if we feel that the estimate is likely to be exceeded.

• 8. Outlay
• We will customarily incur photocopying, postage, and other “out of pocket” expenses. We won’t nickel and dime you for this. Noble will not charge you for copies and domestic phone calls that are less than € 100 in any month.
• Costs paid for by Noble on behalf of the client (e.g. filing fees, court fees, process service, etc.) shall be charged separately.
• Should we have to meet you outside the office, we will charge you for the time we leave the office until we are back in the office, and charge a rate of €0.64 per kilometre for transport costs.

• 9. Third Party Costs
• When necessary to retain the services of counsel, expert witness and/or translators. Please note that these third party costs are not included in our Fees or Fees estimates. Any such costs will be charged in addition to our own Fees.

• 10. Recovery of Costs
• In the event of litigation, you will recover some (not all) of your legal costs. If parties cannot agree on the level of costs you would be entitled to, the costs will be measured by the Taxing Master.
• If unsuccessful, you are not only liable to pay your own legal costs (e.g. our Fees, barrister’s fees, expert witness fees, translators costs, legal cost accountant’s fees), you are likely to be directed by the Court to also pay the successful party’s legal costs as measured by the Taxing Master.

• 11. Late Payment
• Unless otherwise agreed, we expect payment within thirty (30) days of invoice. In case of late payment, we may suspend work and charge interest at the base rate of the European Central Bank plus 7% starting from presentation and compounded on a monthly basis on the last day of each month.
• Any queries you may have in respect of a fee note shall be raised within 14 days from the day of issue of the relevant fee note, failing which you will be deemed to have accepted said fee note. If we are holding money on your behalf we may use that (and any accrued interest) in payment or part payment of your invoices.
• We reserve the right to exercise a lien over any money, papers or other property belonging to you until payment of all outstanding costs. If our engagement is terminated prior to its conclusion, we are entitled to be paid for Fees incurred until the date the engagement is terminated and you shall procure our unconditional release from all undertakings furnished up to that date.

• 12. Retainer
• Should we agree a monthly retainer, this payment mechanism will work as follows:
• 1. each month, we will invoice you for the work carried out that month. However, you do not have to pay this invoice (or the balance of it) until 15 January of the following financial year (1 February to 31 January);
  2. on the 15th day of every month, you will pay Noble a pre-agreed sum of money plus VAT (the “Retainer Amount”);
  3. On 15 January of each year, we aggregate the total value of the issued monthly invoices for that financial year and the total value of the paid monthly retainers. Should you have over paid Noble, we will use the positive balance as an advance payment for the retainer we agree the following year or we will reimburse you the amount. Should you have underpaid Noble, then you must settle the negative balance before 31 January of that financial year.
• In general a retainer does not cover litigation/arbitration Fees. Should you be involved in a litigation/arbitration, we must agree a separate retainer.
• The retainer does not cover third party costs like, for example but without limitation: counsel fees, expert witness costs, translator’s costs or cost accountant’s costs.

• 13. Records
• With the exception of documents and/or files for which separate safekeeping guidelines are applicable, we will, after our final invoice has been issued, give you the opportunity to collect your files within six (6) months, failing which we will shred the hard copy. We will keep a soft copy of same in Cloud storage for a further six (6) years (starting from the sending date of the last invoice), after which Noble may choose to destroy the soft file without any further notification.
• If you have instructed us to retain files, papers, title deeds, wills or similar items in safe custody, then we reserve the right to make charges for that storage and we will retain those documents subject to the terms provided to you from time to time.

• 14. No tax or insurance advice
• Please note that we do not advise client as on any tax or insurance implications arising out of any transactions. We strongly recommend that you take specialist advice on any such tax and insurance matters.

• 15. Limitation of liability
• Our liability (and that of our present or former partners and employees) to you arising out of, or in connection with, our engagement (whether for breach of contract or of statutory duty, negligence, or otherwise) will be limited to the amount paid out, if any, under Noble’s professional liability insurance policy in the matter concerned, plus the amount of the deductible applicable to this insurance coverage. Our liability shall not be limited for fraud or fraudulent concealment or to the extent that under any applicable law liability may not be limited.
• Where we hold monies for you in our client account, or in accounts held jointly with others, we will treat these as if you had deposited them directly with the relevant financial institution. We are not liable for the default of any financial institution where we have deposited your funds

• 16. Law
• The legal relation between you and us is governed by the laws of Ireland.

• 17. Dispute Resolution
• In the unfortunate event of any controversy, claim or dispute (“Dispute”) arising between us out of or in connection with our engagement, either party may refer the Dispute to arbitration. The place of arbitration shall be Dublin and the language to be used in the arbitral proceedings shall be English. The arbitration shall be carried out by a single arbitrator appointed by agreement between us. Failing agreement between us within fourteen days of the referral to arbitration, the arbitrator shall be appointed by the President for the time being of the Law Society of Ireland, on application by either of us.

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