Please read these terms carefully (the “Terms”). These Terms outline the conditions upon which Pinel Advocates (reference to which shall include Pinel Advocates Group, Pinel Advocates Services Limited and Pinel Advocates Group Limited and any other entity which may provide any services to you) (“we” or “us”) agrees to act for its client as Jersey legal advisers (the “client” or “you”). The Terms and any letter of engagement should be read together and, in the event of any conflict between the two documents, the letter of engagement shall prevail.
Please contact us immediately if there is anything in these Terms which is unclear or you do not understand.
Nature of Advice
We advise only on Jersey law. We do not offer any opinion, guidance or advice as to the laws of any other jurisdiction and nothing may be construed as giving such advice. We do not provide tax advice or any advice in relation to the commerciality of the matter, action or transaction. Unless we explicitly state otherwise in any advice, or we otherwise agree in writing, our advice is provided solely for the purposes of the instructions to which it relates and for the benefit only of our client.
Our advice may not be relied upon by other parties without the prior written consent of a partner of Pinel Advocates. The term "Partner" shall mean, for the purposes of Pinel Advocates, Andrew Pinel, and for the purposes of Pinel Advocates Group, Andrew Pinel and Agnieszka Blaszczyk. Unless otherwise agreed by us, we shall be under no obligation to advise any client or undertake any investigations as to any legal developments or factual matters that might affect the client's affairs generally, after completion of any matter on which we accept instructions, any legal developments or factual matters related to or that might affect that matter.
With electronic communication, there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices. We also expect you to operate such software. However, electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses nor for communications which are corrupted or altered after despatch. Nor do we accept any liability for problems or accidental errors relating to this means of communication especially in relation to commercially sensitive material. Any email communications to or from us may be monitored by us for operational or business reasons.
At any time the client may, by written notice, terminate the instruction to Pinel Advocates and we may cease to act for the client. Please note that Pinel Advocates is entitled to retain all papers and documents relating to the matter if there are any fees owing at the date of termination, until such time as any outstanding fees are paid.
You undertake to promptly take all actions necessary, execute all and any documents requested by Pinel Advocates to give effect to such termination and you undertake to meet all and any costs, charges or fees relating to such termination.
Client Due Diligence and Anti-Money Laundering Requirements
Pinel Advocates is bound by the Proceeds of Crime (Jersey) Law 1999. We rely upon the guidance notes issued by the Jersey Financial Services Commission. We will always seek client identification and due diligence documents that comply with best practice under the law and regulations referred to above.
You agree that you will, upon request and without undue delay, provide us with any client due diligence documentation we may reasonably require in order to comply with our obligations under the legislation and regulations against money laundering in Jersey.
Notwithstanding the scope of any regulatory requirements and without limiting our rights under this paragraph, we reserve the right to terminate our relationship with the client at any point if we have concerns about either the nature of the transaction(s) on which we are advising or the persons involved with them or if any request for client due diligence documentation or further information is not met promptly (whether we have an obligation or right to request such information or not). We are not permitted to provide advice to enable a transaction to complete until our client identification and due diligence checks have been finalised. Any advice that we give to the client, including by email, prior to the completion of the client identification and due diligence checks will be taken to be preliminary advice on which the client cannot place any reliance and for which we accept no liability.
Limitation of Liability
We will not be liable for the acts or defaults of any third party or any agents or sub-contractors whatsoever and will only accept liability for direct loss suffered by the client alone and, in any event, only to the extent that such loss was reasonably foreseeable as arising from our act or default giving rise to the loss.
We do not accept any liability for any consequential loss or loss of profit however arising, whether or not such loss was foreseeable and whether it was suffered by the person by whom we are instructed or any third party.
We will not accept responsibility if you act on advice given by us on an earlier occasion without first confirming with us that the advice remains valid in the light of any changes in the law or your circumstances and will accept no liability for losses arising from changes in the law or in the interpretation of the law which are first published after the date on which our advice is given.
The total aggregate liability of Pinel Advocates in respect of any and all claims shall never exceed £2 million.
We believe this limitation of liability is reasonable having regard to the availability and cost of professional indemnity insurance. If you feel that this level of cover is inappropriate for your matter then please do not hesitate to discuss the matter with Andrew Pinel.
We generally charge fees based on a fixed fee basis or a time spent and expertise basis. Hourly rates vary both between departments and lawyers and the standard hourly rates of the lawyers working on your instruction are available on request.
When our fees are based on the amount of our time and expertise a transaction requires, our professional fees are normally calculated by reference to the current hourly rate of the lawyer concerned, applicable to the type of work done at the time the work is done. We reserve the right to charge higher than usual hourly rates or apply an uplift if either the nature of the work or the applicable deadlines justify this.
For many transactions, we are able to give estimates of the cost of completing the work. Estimates are not quotes or caps on our fees and are provided solely for the purpose of indicating to you the likely overall cost of our services. In the event that the actual fees that are chargeable on a time and expertise basis exceed the estimate, we shall be entitled to recover from you our fees in full.
On occasion we are able to provide fixed fee quotations for particular instructions or elements of work within a larger instruction. We expect to be paid the amount of the fixed fee regardless of the time or expertise required to complete the work. However, we will not seek to charge more than the fixed fee quotation if our time and expertise costs exceed the fixed fee unless any unforeseen complications or delays occur.
Aborted or delayed transactions
Transactions may be aborted or delayed for a variety of reasons beyond our control. We do not work on a contingency basis and in these circumstances we will charge for work done up to the time the transaction is aborted or delayed.
By instructing us you authorise us to incur such external expenses as we consider reasonable in order to progress your matter and you agree to reimburse us for such expenses. We are not obliged to incur any fee, cost or expense on your behalf and we will have no liability to you in the event that we fail to pay for any fee, cost or expense unless we have agreed explicitly to pay such disbursement on your behalf and you have put us in cleared funds sufficient to cover the cost of such disbursement prior to it falling due.
Our charges are net of any bank charges and withholding taxes and you should not assume that we are registered for tax in any country or state from which you may choose to make payment. If you are compelled to make any deductions from payments on account of such charges or taxes, you must gross up the payment so that we receive the amount stated on the face of any fee note which we issue.
Unless indicated otherwise, all estimates and quotations will be given exclusive of the local Goods and Services Tax (“GST”), which is Jersey’s equivalent of VAT. The current rate of GST is 5% on all services provided by us.
If you have failed to pay us any amount which you owe us or for any reason refuse to pay any monies which you owe us or which we have issued a fee note in relation to, we may use any money you hold with us, being monies on account or transaction monies held for you for any purpose, to reduce or repay the fees which we have incurred acting for you and which you owe us. For the avoidance of doubt, we may operate a lien over any outstanding sums owed to us by you which we are holding in the client account
Payment on Account
We often require some or all of the fees we estimate as likely to be incurred on an instruction to be paid at the commencement of the instruction and held on account of our fees and any disbursements incurred for you in relation to that instruction.
Where we receive such payment on account, we will hold the money in a non-interest bearing account which is segregated from Pinel Advocates’ money. As and when invoices are rendered for professional fees and disbursements, you authorise us to apply the sums held in such account on your behalf to immediately settle such invoice. In the event that the fees and disbursements incurred for you in relation to that instruction exceed the sums paid on account, you will settle the balance immediately.
Where there are any sums left on account following the conclusion of an instruction, we will either repay the balance to the account from which it was transmitted or we will seek your permission to apply it to another instruction if appropriate.
Sums received as part of a transaction
We generally do not provide our client account for the purposes of holding sums payable to third parties, whether as part of a transaction on which we are advising, to facilitate an escrow account arrangement, a trust arrangement or otherwise. In the event that such services are required, specific arrangements and additional due diligence may be required to comply with our regulatory obligations. We accept no liability for any sums held in a client account which are not readily available to us as a consequence of failure of any financial institution regulated and doing business in any jurisdiction where you have instructed this firm.
We will usually submit an invoice at the completion of a transaction. Unless we explicitly state otherwise, we reserve the right to submit invoices periodically. Unless requested by you, invoices will be submitted by email only.
Payment is due in accordance with the payment terms therein upon receipt of our invoice. We reserve the right to impose interest charges on any outstanding sum which relates to an invoice that is overdue by 14 days or more.
Where we are instructed by more than one person, responsibility for our fees will be joint and several unless agreed otherwise with us. You remain personally responsible for payment of our fees where it is intended that our fees will be met from any source other than your own funds. You are liable when payment is due, whether or not monies are available from any such other intended source. Without limitation, and for the avoidance of doubt, this includes where you instruct us as representative for another party, as trustee or as liquidator, receiver or administrator of a company and our fees, disbursements and charges are intended to be met out of the other party's assets, or trust or company assets, as the case may be.
Acknowledgment and Acceptance
If the legal client, its advisors, lawyer, intermediary or any person instructing Pinel Advocates continues to instruct us in connection with any matter or transaction following the receipt by any of those persons of these Terms, you and your advisors understand, and it shall be deemed, that you and your advisors have expressly acknowledged and accepted these Terms and shall be legally bound by the Terms.
Confidentiality and Publicity
We will keep confidential all information and documents provided to us by the client. However, by accepting these Terms, you agree that there may be instances in which disclosure is necessary and/or acceptable. Such instances include but are not limited to occasions on which: we are authorised to disclose information or documents by the client or its advisors; we are to investigate or prevent fraud or other illegal activity; the information or documentation is already in the public domain or is in the public interest to disclose; we are required to disclose information by the regulations and laws of Jersey or by order of the courts of Jersey or any other court of a competent jurisdiction; or we deem it necessary or desirable to disclose information or documentation in order to defend any claim brought against Pinel Advocates.
Pinel Advocates are also authorised to disclose your information to our bank, our insurers and the Law Society as and when requested.
Copyright and Intellectual Property
We shall retain all copyright in any document prepared by us during the course of the matter unless specifically agreed otherwise in writing.
Pinel Advocates are the “data controller” for the purposes of the Data Protection (Jersey) Law 2018 (“Data Protection Law”). We will use your personal data in accordance with the Data Protection Law and our privacy notice for clients, as amended from time to time, a copy of which is available on our website at www.pineladvocates.com or by writing to our registered office: One Liberty Place St Helier Jersey JE2 3NY. The terms “personal data” and “sensitive data” shall have the meanings ascribed to them in the Data Protection Law.
The information we hold about you is confidential and will not be used for any purpose other than in connection with the provision of our services. Information of a confidential nature will be treated as such provided that such information is not already in the public domain. In accordance with Schedule 2 of the Data Protection Law and other relevant data protection laws we will only disclose your information to third parties in the circumstances outlined in these Terms. We may use, store or otherwise process personal information provided by you or us in connection with the provision of the services of the purposes of providing the services. In Jersey, we operate, and have made all appropriate notifications in accordance with, applicable data protection legislation.
The legal basis for us processing your personal information will typically be because the processing is necessary: to fulfil our services; for our legitimate business interests; for compliance with a legal obligation to which we are subject; or because you have provided us with your consent or explicit consent in the case of sensitive personal information.
In accordance with the Data Protection Law you are entitled to a copy of the information we hold about you and to be informed about the purposes for which it is being or will be processed and the recipients or classes of recipients to whom it is being or will be disclosed. In addition, you have the right to lodge a complaint with the applicable data protection supervisory authority (being the Information Commissioner’s Office or any superseding or replacement body). If you would like more information about how to exercise you other rights please contact us directly. If you make a written request to us, we will also correct, delete and/or block personal information from further processing if that information proves to be inaccurate. Where we process your personal information on the basis of your consent you can withdraw your consent at any time.
We will retain your personal information for as long as is reasonably necessary for the purposes listed above or as required by local applicable law. Usually, we will retain our file and information in relation to you after the termination of our services for such period as may be required by law or for 10 years (whichever is longer). All papers and files, including important original documents, will be stored in our archive storage facilities.
If you have any questions or issues you would like to raise about how we process your personal data, you can contact the person responsible for data protection by writing to our Compliance Officer at The Compliance Officer, Pinel Advocates, One Liberty Place, St Helier Jersey JE2 3NY.
Enforceability and Severability
If at any time any term or provision of these general Terms shall become void, illegal or unenforceable, either in whole or in part, then such term or provision shall be severed from the remainder and deemed not to form a part of these general Terms and the validity and enforceability of the remaining terms or provisions shall not be affected.
Variation of Terms
We reserve the right to vary these general Terms at any time. If there is any variation to these general Terms, we will: publish the varied general Terms at www.pineladvocates.com; and (ii) to the extent that, in the reasonable opinion of Pinel Advocates, the variation materially affects the interest of any client, give notice of that variation to that client.
We will not be liable for any failure or delay in providing any services as a result of circumstances beyond our control including, without limitation, fire, flood, storm, earthquake, wars and riots.
In relation to any fee quotes or estimates in connection with legal work requested from or provided by Pinel Advocates or its employees to a client or its advisors, the quotations or estimates shall be subject to the following assumptions: that all information provided to us by the client or any third party is true and accurate in all material respects; that there are no unforeseen material complications in the transaction or instruction; that any instruction connected to the fee quote request will be completed on or before the date of 3 months from the date of the approval of the instruction; that the structure of the proposed transaction in relation to any instruction connected to the fee quote request will not be subject to material change; that you retain the same advisers throughout the transaction connected to the fee quote request; the quote or estimate is accepted and subject to these Terms; that we are only required to advise on Jersey law; and that the fees of any counsel, lawyers or other agents or third parties whom we may instruct on your behalf (with your prior consent) will be for your account and in addition to our own.
Fees and Disbursements
In the event that we are asked to provide Jersey legal advice that is outside the scope of that expressly quoted for, we retain the right to charge additional fees.
In the event of payment not being made in accordance with the terms of the invoice, then we reserve the right not to undertake any further legal work until any outstanding fee notes have been settled.
Governing Law and Jurisdiction
These general Terms shall be governed by and construed in accordance with Jersey law and you irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Jersey to deal with any claim, difference or dispute which may arise in connection with these Terms.