This document sets out the general terms and conditions
under which F-X Law & Associates
and all lawyers practicing from F-X Law and Associates provide legal services.
1. PARTIES
1.1 The legal services are provided by F-X Law & Associates, House No.
C27/22, Kobla Nelson Street, Off George Walker Bush High Way, Abofu, Achimota,
Accra (hereinafter referred to as the ‘Law Firm’).
1.2 The person receiving the legal services, (the client),
is any natural or legal person with whom the Law Firm has entered into a
contract for the provision of legal services (hereinafter referred to as the
‘Client Contract’) or to whom the Law Firm provides services on another legal
basis (hereinafter referred to as the ‘Client’). The Client Contract can also
be entered into for the benefit of a third party (hereinafter referred to as
the ‘Beneficiary’).
1.3 The Law Firm and the Client are hereinafter individually
referred to as the ‘Party’ or jointly as the ‘Parties’.
2. ENTRY INTO THE CLIENT CONTRACT
2.1 The Law Firm has
discretion to decide whether or not it will accept an assignment from a person
seeking legal services.
2.2 The Law Firm will
not accept an assignment if it is obvious that legal services are sought for
the protection of an interest contrary to law, or if the Client’s claim does
not have a legal basis, or if there are no procedural means of protecting the
interests of the Client.
2.3 The Law Firm may not represent or protect two or more
Clients in the same matter or provide other legal services to two or more
Clients if there is a conflict between the interests of those Clients. The Law
Firm may not provide legal services to a Client if there is a circumstance that
impairs or may impair the lawyer’s ability to act solely in the interests of
the Client (a conflict of interests), except if the Law Firm has informed the
Client thereof and the Client still insists that the lawyer provide legal
services to the Client.
2.4 If there is a conflict of interests, the Law Firm will
refuse to act for the person seeking legal services.
2.5 The Law Firm is obliged to apply the due diligence
measures set forth in the Money Laundering and Terrorist Financing Prevention
Act and legislation issued on the basis thereof. The Client is required to
provide the Law Firm with all the requested information that is necessary for
the Law Firm to apply the due diligence measures.
2.6 The Law Firm is deemed to have agreed to act for the
Client once the Client Contract has been entered into with the Client.
2.7 As a rule, the Law Firm and the Client enter into the
Client Contract in writing, using the Client Contract template of the Law Firm.
2.8 The Client Contract can also be entered into orally or
in a in a format that can be reproduced in writing. The existence of an oral
Client Contract between the Law Firm and the Client is, among other things,
evidenced by the Client’s provision of information necessary for providing
legal services or issuing an invoice, as well as by the payment of an invoice
issued to the Client or to a person designated by the Client.
3. PROCEDURE FOR PROVISION OF
SERVICES
3.1 Based on the Client Contract, the Law Firm shall provide
legal services to the Client or persons designated by the Client in accordance
with the Client’s written or oral instructions. The specific manner and terms
of providing the legal services shall be decided by the Law Firm, and the
Client is not entitled to request that the Law Firm follow the Client’s
detailed instructions.
3.2 The exact nature and extent of the legal services to be
provided by the Law Firm to the Client shall be agreed upon when entering into
the Client Contract. If both Parties agree, the nature and extent of the legal
services may be altered in the course of provision of the services.
3.3 The assignments arising from the Client Contract shall
be carried out by a member of the F-X
Law & Associates (hereinafter referred to as the
‘attorney providing legal services’), who is bound by the legal acts regulating
the activities of the Bar members. Legal services shall be provided by a
partner or senior associate independently and by an associate under the supervision
of a partner or senior associate. If necessary, the attorney providing legal
services is entitled to use the assistance of the lawyers working for the Law
Firm in the preparation of legal documents and performance of other less
complicated tasks, bearing full responsibility for the work of such lawyers.
3.4 In deciding who will provide legal services to a
specific Client, the Law Firm shall take into account the wishes of the Client
as well as the expertise, experience, workload, etc., of attorneys.
3.5 The Law Firm shall provide legal services with generally
recognized professional skill and care, acting in the best interests of the
Client and avoiding damage to the Client’s property.
3.6 In providing the legal services, the Law Firm shall use its
best efforts to achieve the result desired by the Client, while observing the
requirements of professional ethics. As a rule, the Law Firm cannot guarantee
that the desired result will be achieved.
3.7 The Law Firm shall inform the Client of all material
circumstances related to the provision of legal services, in particular those
that may cause the Client to change the instructions, and, at the request of
the Client, shall provide the Client with information on the performance of the
Client Contract.
3.8 The Client shall
cooperate with the Law Firm in relation to the Client’s assignment, by
providing the Law Firm with accurate and complete information and documents, as
well as with additional explanations at the request of the Law Firm.
3.9 If the Client fails to provide the Law Firm with the
data necessary for carrying out the assignment or other information necessary
for providing legal services, the Law Firm shall have the right to suspend the
performance of the Client Contract or cancel the Client Contract.
3.10 In the provision of legal services, the Law Firm is
entitled to perform all legal acts necessary to properly carry out the Client’s
assignment, including preparing documents, representing the Client in courts
and in pre-trial proceedings or in state and local authorities, and performing
any other legal acts in the interests of the Client. If necessary, a power of
attorney issued by the Client to the Law Firm shall be annexed to the Client
Contract.
3.11 The Law Firm shall carry out the assignment of the
Client with due care and diligence, in accordance with the Client Contract
entered into with the Client. Any instructions outside the scope of the Client
Contract, which are given to the Law Firm by the Client or which are necessary
in order to protect the interests of the Client, may be carried out by the Law
Firm in agreement with the Client or may be declined by the Law Firm.
3.12 The Law Firm shall keep a file in connection with the
provision of legal services to the Client, containing all documents relating
thereto. Documents and other data media may also be stored and kept
electronically. The Law Firm shall keep materials relating to the Client’s case
separately from other documents and materials and shall ensure their preservation
and confidentiality.
3.13 The Law Firm shall keep in confidence all information
that has become known to the Law Firm in relation to the provision of legal
services, as well as the source of such information, except if the Law Firm is
required to disclose the information by law or if the Client instructs or
authorises the Law Firm to disclose the information.
3.14 The fact that the Client sought legal services from the
Law Firm, as well as the nature and extent of the legal services and the amount
of the Fee, shall also be subject to the requirement of confidentiality.
However, informing a court of the amount of the Fee for the purpose of awarding
the legal costs shall not be deemed to be a breach of confidentiality.
3.15 The Law Firm shall not give documents or other data
media relating to the professional activities of attorneys to unauthorised
persons or to authorities to which these documents and data media are not
addressed, unless the Law Firm is required to do so by law or if the Client
instructs or authorises the Law Firm to do so. However, the giving of such
documents and data media and disclosure of the information contained therein to
the management board of the Bar Association for exercising supervision or to
the court of honour of the Bar Association in the hearing of a matter
concerning a disciplinary offence shall not be deemed to be a breach of
confidentiality. Persons who provide IT, archiving, translation, accounting or
other similar services to the Law Firm and who are bound by a duty of
confidentiality to the Law Firm shall not be considered to be unauthorised
persons.
3.16 The Law Firm’s duty of confidentiality shall survive
the expiry or termination of the Client Contract to the extent needed to
protect the legitimate interests of the Client. 3.17 The Law Firm may publish
the Client’s name in its promotional materials if the Client has consented
thereto or if the fact that the Client is a client of the Law Firm is public
information, i.e. the Client has disclosed the fact of using the services of
the Law Firm, or such information has become public otherwise, or if the Client
acting in an economic and professional capacity can reasonably be expected to
use the services of the Law Firm.
3.18 The Law Firm shall deliver to the Client the work
performed under the Client Contract and return the files, documents and other
materials provided by the Client. The Law Firm is entitled to withhold the work
performed and/or the materials provided by the Client or prepared or collected
for the Client if the Client has failed to perform their obligations to the Law
Firm, including the obligation to pay for the legal services rendered.
3.19 The office hours of the Law Firm are, and legal
services are provided to the Client, on business days (from Monday to Friday,
except public holidays) from 9 a.m. to 5 p.m. If necessary or if so agreed with
the Client, legal services may also be provided at other times.
4. FEES AND CHARGES TO BE PAID FOR
SERVICES
4.1 The principles of charging fees for the legal services
provided by the Law Firm (hereinafter referred to as the ‘Fee’) shall be
separately agreed on with the Client in the Client Contract. The Fee shall be
calculated based on an hourly rate and/or shall be agreed on as a fixed amount.
The hourly rate may be different in the case of legal services provided by
partners, senior associates and associates of the Law Firm.
4.2 The calculation of hourly fees shall be based on the
presumed hourly rates approved by the Law Firm. The Parties may agree on different
hourly rates in the Client Contract. The hourly rate will depend on the nature,
extent, complexity, deadline, etc., of the legal services provided in each
particular case.
4.3 Besides paying the Fee, the Client shall compensate the
Law Firm for overhead charges related to the provision of the legal services
(e.g. communications costs, photocopying, courier services, etc.) to the total
amount of 5% (five percent) of the fee charged for the legal services. Value
added tax will be added to the Fee and the overhead charges.
4.4 In addition to the Fee and overhead charges, the Client
shall reimburse the Law Firm for any and all direct costs paid by the Law Firm
for the Client in connection with the provision of the legal services, including
but not limited to statutory fees, notary charges and other payments made for
the Client, transportation and accommodation expenses, translation costs, costs
of professional assistance and use of equipment as well as other expenses
incurred by the Law Firm beyond the ordinary course of legal service.
4.5 An initial quote of the total amount of the Fee
submitted at the request of the Client is merely an estimate and is based on
the data available to the Law Firm at the time of submitting the quote. Such a
quote should not be regarded as a final and binding offer unless the Parties
have agreed otherwise. The Law Firm shall, at the request of the Client, alter
the initial quote if it is obvious that the actual amount of the Fee will
significantly differ from that stated in the initial quote.
4.6 Before commencing the performance of the assignment, the
Law Firm has the right to require the Client to make a reasonable advance
payment for the Fee payable and the expenses to be reimbursed. For the purposes
of this terms and conditions a mandatory initial deposit of GHC5,000.00 is
required, comprising the initial deposit of GHC1000.00 as consultation,
GHC1000.00 for conferencing and GHC3000.00 as advance payments for disbursement
and legal fees.
4.7 The Law Firm shall maintain electronic records of the
legal services provided to the Client, specifying the duration of the work
performed and providing an explanation as to the nature of the work. A printout
from the respective program shall be enclosed with the invoice issued to the
Client. The Client is entitled to request that the Law Firm provide details
regarding the Fee charged and the invoice issued.
4.8 The Law Firm is entitled to unilaterally adjust the Fee
(including hourly rates) once a year by giving the Client at least 30 (thirty)
calendar days’ advance notice thereof. The Law Firm is also entitled to adjust
the Fee if the circumstances under which the Client Contract was entered into
change or if the provision of legal services under the Client Contract turns
out to be much more complex and time-consuming than could be foreseen by the
Parties at the time of entering into the Client Contract. If the Client does
not agree with the adjustment of the Fee, the Client is entitled to cancel the
Client Contract.
4.9 The Client shall
pay all invoices within 7 (seven) days from the date of the invoice. If the
Client fails to pay the invoice when due, the Law Firm is entitled to charge
late payment interest at the rate of 0.1% of the amount outstanding per each
day the payment is overdue.
4.10 In the event that the Law Firm suspends the performance
of the Client Contract or cancels the Client Contract, the Law Firm is entitled
to receive the Fee for the legal services already provided.
4.11 FEE SCHEDULES
For the avoidance of doubt the following fees applies to the
services below unless otherwise agreed between parties:
- Court Attendance within Accra - GHC200.00
- Court Attendance in Eastern, Volta and Central Region - GHC500.00
- Court Attendance in Ashanti Region - GHC1000.00
- Court Attendance in Other regions - GHC1500.00
- Travel Time - GHC500.00
- Letters - GHC1000.00
- Internal Meetings - GHC500.00
- External Meetings - GHC1000.00
- Basic Drafting and Reviewing documents - GHC1500.00
- Fillings - GHC200.00
- Photocopying - GHC50p per page
- Proofreading - GHC200.00
- Telephone - GHC50.00
- Lands Commission - GHC1000.00
- Registrar General - GHC1000.00
- Police Enquiry Bail - GHC2000.00
4.12 REFUND POLICY
4.12.1 All monies paid to cover initial consultation,
conferencing and disbursements shall be non-refundable upon termination of the
relationship of parties.
4.13.2 Notwithstanding the provisions in 4.11.1 monies paid
in advance for legal fees under the Client contract shall be refunded.
4.14.3 Charges covering court attendance fees and meeting
fees, telephone calls and other transportation costs or one-off expenses by
clients are non-refundable
5. OTHER RIGHTS AND OBLIGATIONS OF
THE CLIENT
5.1 The Client is entitled to request:
(a) that the legal services be provided in a professional,
appropriate and timely manner and in compliance with the requirements for the
professional ethics of attorneys;
(b) information on the provision of the legal services,
including information on circumstances relating to the provision of the legal
services and on the formation of the Fee;
(c) that the money, securities or other assets of the Client
deposited with the Law Firm in safe custody for carrying out the Client’s
instructions or received by the Law Firm on behalf of the Client in the course
of carrying out the instructions be kept separately from the assets of the Law
Firm or attorneys, and that the Law Firm keep separate records regarding such
assets.
5.2 The Client shall inform the Law Firm of any change in
the Client’s contact details.
5.3 If the Client is a legal person and a new management
board is elected in this legal person during the term of the Client Contract,
the Client shall immediately inform the Law Firm whether the Client wishes to
continue the relationship arising from the Client Contract.
6. RIGHTS AND OBLIGATIONS OF THE LAW
FIRM IN RELATION TO PREVENTING MONEY LAUNDERING AND TERRORIST FINANCING
6.1 The Law Firm and attorneys providing legal services are
required to comply with the requirements established in the Money Laundering
and Terrorist Financing Prevention Act and legislation issued on the basis
thereof when acting on behalf of or for the account of the Client in financial
or real property transactions.
6.2 The Law Firm and attorneys providing legal services are
required to comply with the requirements established in the Money Laundering
and Terrorist Financing Prevention Act and legislation issued on the basis
thereof if the Law Firm or an attorney providing legal services acts on behalf
of or for the account of the Client, or instructs the Client in planning or
implementing a transaction, or performs an act, that is related to:
(a) the purchase or sale of an immovable property,
enterprise or company; (b) the management of a client’s money, securities or
other assets;
(c) the opening or management of bank or securities
accounts;
(d) the acquisition of funds necessary for the
establishment, operation or management of a company;
(e) the establishment, operation or management of a trust
fund, company or other similar entity.
6.3 The Law Firm has all the rights arising from the Money
Laundering and Terrorist Financing Prevention Act and legislation issued on the
basis thereof, including the right to decline to provide services or to
terminate its business relationship with the Client in the cases provided by
law.
7. LIABILITY
7.1 Neither the Law Firm nor attorneys providing legal
services have an obligation to verify or check the accuracy of any information
the Client provides to the Law Firm. Neither the Law Firm nor attorneys
providing legal services shall be held liable for the accuracy of the
information provided by the Client.
7.2 If, in the course of providing legal services to the
Client, a need arises to use the professional assistance of experts,
consultants, specialists, etc., of other fields who do not work for the Law
Firm, neither the Law Firm nor attorneys providing legal services shall be held
liable for the accuracy of the analyses, opinions, explanations or other
information provided by such external specialists.
7.3 Neither the Law Firm nor attorneys providing legal
services shall be held liable for negative consequences caused by incorrect
information received from the Client or by a lack of necessary instructions.
7.4 Neither the Parties nor attorneys providing legal
services shall be held liable for any loss of profit or damage caused by
business interruption.
7.5 The Parties and the attorneys providing legal services
shall be liable for a breach of their obligations under the Client Contract and
for any damage caused in the provision of legal services only in the case of
gross negligence or intent.
8. TERMINATION OF THE CONTRACT
8.1 The Client Contract shall terminate once the Law Firm
has carried out the assignment set out in the Client Contract.
8.2 The Client is entitled to cancel the Client Contract at
any time, giving the Law Firm written notice thereof within a reasonable time
before the Law Firm performs another task under the Client Contract. If the Law
Firm represents the Client in court, it is presumed that the Client shall give
at least 5 (five) days’ notice of the wish to cancel the Client Contract.
8.3 The Law Firm may, on its own initiative, suspend the
performance of the Client Contract and/or cancel the Client Contract if:
(a) a conflict of interests arises in the course of carrying
out the Client’s assignment;
(b) the Client fails to perform an obligation arising from
the Client Contract or breaches any of the material conditions of the Client
Contract;
(c) the Client does not follow the instructions given by the
Law Firm or acts in another manner that indicates clearly that the Client has
lost confidence in the Law Firm or the attorney providing legal services;
(d) the Client gives the attorney instructions that damage
the interests of the Client or are clearly of no use for carrying out the
assignment and, although the Law Firm has brought such fact to the attention of
the Client, the Client still insists that the instructions be followed;
(e) regardless of repeated reminders by the Law Firm, the
Client fails to provide the data and/or information necessary for providing
legal services under the Client Contract within a longer period of time and, as
a result, the provision of legal services is hindered or impossible;
(f) the Client has failed to pay the Fee according to the
terms and condition agreed on;
(g) the Client participating in a transaction relating to
economic or professional activities fails to submit the required documents or
relevant information regardless of respective requests, or the documents or
data submitted do not dispel the suspicion of the Law Firm that the aim of the
transaction or business relationship could be money laundering or terrorist
financing;
(h) the Law Firm identifies any activity or circumstance in
the Client’s economic or professional activities or official act which might be
an indication of money laundering or terrorist financing or which gives rise to
a suspicion that it might constitute money laundering or terrorist financing;
(i) the Law Firm and the Client do not reach an agreement on
adjusting the Fee as set forth above.
8.4 The Law Firm is required to decline to carry out the
Client’s assignment and shall cancel the Client Contract if the Client:
(a) submits false evidence and the attorney is aware of the
evidence being false;
(b) despite the respective explanations of the attorney,
insists that the attorney use illegal means or measures to protect the
interests of the Client;
(c) insists that the attorney act in a manner that is
contrary to the professional honour and dignity or the requirements for the professional
ethics of attorneys and violates the Legal Professions Act, 1960, Act 32 and
the Legal Profession ( Professional Conduct and Etiquette Rules), 1969, LI 613
for Lawyers.
9. MISCELLANEOUS
9.1 Besides the Client Contract, the relations
between the Law Firm and the Client shall be subject to the legislation of the
Republic of Ghana, including the Contract Act, 1960 (Act 25), GBA scale of
fees, contracts and agreements between the Law Firm and the Client, the
requirement of sound business practice, and the principles of good faith and
reasonableness.
