TERMS OF ENGAGEMENT
Interpretation
The following terms apply, either generally or in respect of a specific matter, as appropriate, to the provision of services by Kadhims Ltd (“Kadhims”). Each matter in respect of which we provide services to you is, for the purposes of these terms, a “Matter”. References to “you” are to the body corporate or other person who originally instructs us in relation to a Matter. References to “we”, “our”, “us” are to Kadhims.
- Details of Kadhims
- Kadhims Ltd
- 5 Lisburne Road
London NW3 2NS - Telephone: +44 7427252575
1. Financial services
Nothing we do in relation to our provision of services to you will be construed as an invitation or inducement to engage in investment activity for the purposes of the UK Financial Services and Markets Act 2000.
2. Due diligence and reporting
Legislation on money laundering, terrorist financing and financial sanctions places lawyers under a legal duty in certain circumstances to disclose information to UK government agencies such as the National Crime Agency and the Office of Financial Sanctions Implementation. Where one of our lawyers working for you knows or suspects that a Matter on which we are working on your behalf involves money laundering or a breach of financial sanctions by any party to the Matter, the lawyer may be required by law to make a money laundering or financial sanctions disclosure. If, while we are acting for you, it becomes necessary to make such a disclosure, the law may prohibit us from informing you that a disclosure has been made or of the reasons for it. To the extent that the law permits us to do so, we will tell you about the issue(s) identified and explain what action we may need to take.The UK and EU Mandatory Disclosure Rules, introduced pursuant to EU Directive 2018/822 of 25 May 2018, may require us to report details of certain arrangements entered into by our clients to a tax authority in the UK or EU. To be reportable, the arrangement must be cross-border, involving the UK or an EU Member State, and have certain hallmarks. We will liaise with you if we consider the rules apply to a Matter.
3. Conflicts check
To enable us to conduct a conflicts check, you represent that you have identified for us all persons or entities that are or may become involved in a Matter to the best of your knowledge. You agree that you will notify us if you become aware of any other persons or entities that are or may become involved in a Matter.
4. Client assistance and cooperation
To enable us to represent you effectively and for our relationship to succeed, you agree to cooperate fully with us in our representation of you and to make available to us any documents or other information, personnel or agents as necessary to assist us in our representation of you. It is essential for you to provide us with all factual information reasonably relevant and material to the subject matter of our representation, and we will rely on the accuracy and completeness of any documents or other information you may provide.
5. Confidentiality
We owe a duty of confidentiality to you. We will not disclose any confidential information that we obtain as a result of our provision of services to you without your prior consent unless disclosure is required by law, regulation or an order of the court or is made to an accountant in accordance with the SRA Accounts Rules.
6. Data protection
You represent and warrant to us that any personal information relating to third parties which you provide to us is collected, used and shared by you in accordance with applicable data protection laws. In addition, you agree to give to us reasonable notice of any proposed transfer by you to us of data which include personal information and, to the extent necessary to comply with data protection laws, to provide a copy of our privacy policy to any third party whose personal information is transferred by you to us.
7. Email communications
We recommend that all email communication between us and the Client be encrypted in transit. Encryption can help avoid the risks attendant to communication by email, which is capable of being intercepted by others. If that is not feasible or you choose not to do so, you consent to the use of unencrypted email in our communication.
8. No third-party reliance
Our advice, whether provided in written, oral or any other form, is provided for your benefit alone and solely for the purposes of the particular matter to which it relates. Unless otherwise agreed in writing, our advice may not be used or relied on by any third party.
9. Termination
You may terminate our representation at any time for any reason. Subject to ethical obligations, we reserve the right to withdraw from an engagement if our statements are not being paid in a timely manner. If for any other reason the lawyer-client relationship is not proceeding in a satisfactory manner, or to comply with other legal requirements such as sanctions restrictions. Our representation regarding the Matter to which this Agreement applies will end upon completion of our legal services under the Agreement, when the firm has performed no services for You under this Agreement for a period of six months or longer, at such time as it reasonably appears that the need for our legal services in connection with the Matter has ended, or at such time as legally required, whichever is earlier.
In the event we choose to terminate our representation, as set forth in our Agreement, you agree not to contest our withdrawal from any court or administrative proceedings.
Upon termination of our representation in a particular Matter (even if the firm continues active involvement in other Matters on your behalf), the firm will have no further duty to inform you of future developments or changes in law as may be relevant to such Matter. Further, unless we mutually agree in writing to the contrary, the firm will have no obligation to monitor renewal or notice dates or similar deadlines that may arise in connection with Matters for which the firm had been retained but for which we are no longer engaged.
10. Disposition of files
Once our work on a Matter ends, at Your request, the firm will return, retain, or discard the materials pertaining to the Matter to which You may be entitled under applicable law (the “Client File”). However, unless You provide written notice to us within one year after a Matter has concluded concerning how You would like the Client File to be handled, You understand and agrees that we may retain or destroy the Client File (including all materials contained therein) at our discretion and consistent with our ethical obligations. The Client understands that “materials” include originals as well as copies, and also that “materials” include paper files as well as materials stored in other forms, including email, electronic documents, audio and video recordings and file materials in other formats.
Our own files pertaining to the Matter will be retained by the firm (as opposed to being sent to the Client) or destroyed. These firm files include, for example, certain internal correspondence and work product, for administrative records, time and expense reports, personnel and staffing materials, and accounting records.
We reserve the right to make and retain, at our own expense, copies of all materials generated or received by us in the course of our representation. If You request copies of materials from us, copies that we generate will be made at Your expense. Should You wish us to retain a large quantity of paper or electronic documents, we will negotiate with You a reasonable charge, based upon the quantity of the material to be retained and the manner and duration of its retention.
11. Dispute resolution
If you are at any time dissatisfied with the service You are receiving from us, or with any of our invoices, or would like to discuss with us any aspect of a Matter or how our service to you could be improved, please contact the partner responsible for the overall supervision of the Matter. Our complaints procedure is available on request.If you are dissatisfied with our handling of your complaint you may be entitled to ask the Legal Ombudsman to consider the complaint. Contact details for, and details of the qualification criteria for access to, the Legal Ombudsman are at www.legalombudsman.org.uk.You may apply to the English courts for an assessment of any invoice under Part III of the Solicitors Act 1974 insofar as they relate to our costs.
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