The Guidance and Ethics Committee is pleased to introduce a new ‘terms and conditions of business’ document for solicitors. The earlier ‘solicitors terms and conditions of engagement’ document, published in May 2008, has been revised and updated and several new topics have been added.

The precedent is available on the Law Society website both in PDF and Word format, so that the precedent can be amended freely to suit a firm’s needs.

In the past, it was not common for solicitors to use formal contract documents for the provision of legal services. It has now become clear that there are enormous advantages attached to their use. In addition, the professional indemnity insurers have indicated that they expect firms to use these documents as a matter of routine.

Purpose
The ‘terms and conditions of business’ document sets out the terms and conditions on which the solicitor’s firm will carry out work for the client. It defines the relationship between them and forms the basis of the contract for legal services.

From the client’s point of view, the document is drafted to be a helpful explanation of what is involved when a client contracts for legal services. Many clients will not have dealt with a solicitor before.

This precedent also aims to ensure that there is no gap between the client’s expectations of service and the reality of what is being offered. The client may expect a result that the solicitor is unlikely to achieve. The client may expect a level of contact with the solicitor higher than that which is possible. It is important that the solicitor deals with these expectations and ensures that the client has a realistic view of the possible outcomes.

As with any written contract, the document is protection for both parties – the solicitor and the client.

Solicitors are reminded that it is illegal to issue contracts with unfair terms.

Format used
The Guidance and Ethics Committee decided on a format using a simple introductory letter with a document attached. This can easily be put in a brochure format for those who wish to do that. A ‘section for details’ has been added to allow solicitors to add information that will be individual to each firm, and to each transaction.

SI 353 of 2010
The committee has endeavoured to ensure that the document presented is in compliance with the EU (Provision of Services) Regulations 2010. However, it is the responsibility of every firm to ensure their own compliance.

Legal charges (s68)
This document covers the issue of legal charges only in general terms. While an appendix has been provided where information in relation to the client’s particular transaction can be inserted, it is expected that solicitors will be more likely to write the usual section 68 letter separately to the client. (See www.lawsociety.ie for practice notes outlining the current requirements in relation to section 68.) See Section 68 letters.

Letter of disengagement
A precedent letter of disengagement is also provided. It can be accessed on the Precedents section of the Society's website.

‘Plain English’ logo
As with the earlier precedent, this document has been granted the ‘plain English’ logo by the National Adult Literacy Agency. Solicitors are encouraged to explain the document to the client and, in particular, to invite the client to raise queries.

Consumer leaflets
The public area of the website has several consumer leaflets that can be given to clients in addition to the ‘terms and conditions of business’ document.