Terms & Conditions

International legal terms governing our services and website use

Effective Date: January 2024

Last Updated: January 2024

Important International Notice

These International Terms & Conditions govern your use of our website and legal services across all jurisdictions. By accessing our website or engaging our international services, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use our website or services.

International Terms & Conditions for Irwin Solicitors

International Service Notice: Irwin Solicitors operates across multiple jurisdictions including the United Kingdom, United States, and Canada. These terms apply to all international services unless superseded by specific jurisdictional requirements outlined in your engagement letter.

SRA Regulation Notice: Irwin Solicitors (UK) is authorized and regulated by the Solicitors Regulation Authority (SRA Number: 654321). Our professional conduct is governed by the SRA Standards and Regulations. Our international offices comply with local legal requirements in their respective jurisdictions.

1. Definitions

"Firm", "We", "Us", "Our"
Refers to Irwin Solicitors and its international offices in the UK, USA, and Canada.
"Client", "You", "Your"
Refers to any individual or entity that engages our international services or uses our website.
"International Services"
Refers to legal services provided by the Firm across multiple jurisdictions as detailed in an engagement letter.
"Engagement Letter"
The formal agreement between the Firm and Client detailing scope of work, fees, and international terms.
"Website"
Refers to www.irwinsolicitors.com and all associated international web pages.
"SRA"
Solicitors Regulation Authority, the regulatory body for solicitors in England and Wales.
"International Professional Indemnity Insurance"
Insurance maintained by the Firm as required by international regulatory requirements.

2. International Engagement of Services

2.1 Formal International Engagement

Our international legal services are provided under a formal engagement letter that will be issued to you. This engagement letter constitutes the complete agreement between us and supersedes any prior discussions or correspondence. No legal relationship is created until both parties have signed the engagement letter.

2.2 Scope of International Services

The scope of international services will be clearly defined in the engagement letter, including which jurisdictions are involved. Any additional work outside this scope or in additional jurisdictions will require a separate agreement or variation to the existing engagement letter.

2.3 International Client Identification

We are required by international law to verify your identity and source of funds before providing services. You agree to provide necessary identification documents and information promptly upon request, including documents required for cross-border compliance.

2.4 International Conflicts of Interest

We will conduct comprehensive conflict checks across all our international offices before accepting instructions. If a conflict arises during our international engagement, we will inform you immediately and discuss appropriate action, which may include ceasing to act in specific jurisdictions.

3. International Fees and Payments

3.1 International Fee Structure

Our international fees may be calculated on one of the following bases:

  • International Hourly Rates: Based on time spent at rates specified in the engagement letter, with different rates for different jurisdictions
  • Fixed International Fees: Agreed amount for specific cross-border services
  • International Conditional Fee Agreements: "No win, no fee" arrangements where applicable across jurisdictions
  • International Retainer Fees: Regular payments for ongoing international services

3.2 International Disbursements

You will be responsible for all international disbursements (third-party costs) incurred on your behalf. These may include:

  • International court fees across multiple jurisdictions
  • Expert witness fees in different countries
  • International barrister's and local counsel fees
  • International search and due diligence fees
  • International travel and accommodation expenses
  • Translation and interpretation costs
  • Currency conversion charges

3.3 International Payments

International payment terms will be specified in your engagement letter. Typically:

Service Type Payment Terms Currency Late Payment Charge
UK Services Monthly invoices, payable within 14 days GBP (£) 8% above Bank of England base rate
US Services Monthly invoices, payable within 30 days USD ($) 1.5% per month on overdue balances
Canada Services Monthly invoices, payable within 30 days CAD ($) 2% per month on overdue balances
Cross-border Disbursements Payable on demand As incurred As above per jurisdiction

3.4 International Money on Account

We may request money on account for anticipated international fees and disbursements. This will be held in our appropriate client account and applied to invoices as they become due. Different currencies may be held separately.

4. Client Responsibilities

As our international client, you agree to:

  1. Provide complete, accurate, and timely information across all jurisdictions
  2. Make decisions promptly when required, considering international implications
  3. Follow our reasonable international advice and instructions
  4. Keep us informed of any changes in your international circumstances
  5. Pay our international fees and disbursements as agreed in the specified currencies
  6. Not withhold information that may be relevant to your international matter
  7. Act in good faith throughout the international engagement
  8. Comply with all applicable international laws and regulations

5. International Confidentiality

5.1 Our International Duty of Confidentiality

We will maintain the confidentiality of your information across all jurisdictions subject to:

  • Our duty to international courts and administration of justice
  • Prevention of international money laundering or terrorist financing
  • Prevention of international crime or fraud
  • Compliance with international legal or regulatory requirements
  • Our international professional indemnity insurance requirements
  • Data protection laws in multiple jurisdictions (GDPR, CCPA, PIPEDA, etc.)

5.2 International Legal Professional Privilege

Communications between solicitor and client are generally privileged, but privilege rules vary by jurisdiction. International privilege may be affected by:

  • Different privilege rules in different countries
  • Communications made in furtherance of international crime or fraud
  • Your waiver of privilege across jurisdictions
  • Sharing communications with third parties in different countries

6. International Limitation of Liability

Important International Limitation

Our international liability to you is limited as set out below. This is a fundamental term of our international engagement.

6.1 Maximum International Liability

Our maximum aggregate liability to you for any and all claims arising out of or in connection with our international services shall be limited to the greatest of:

  • £3,000,000 (three million pounds) for UK matters; or
  • $3,000,000 (three million US dollars) for US matters; or
  • CAD $4,000,000 (four million Canadian dollars) for Canada matters; or
  • Three times the amount of fees paid by you for the specific international matter

6.2 International Exclusions

We shall not be liable for:

  • International loss of profit, business, revenue, or goodwill
  • Indirect or consequential losses across jurisdictions
  • Losses arising from your failure to follow our international advice
  • Losses arising from inaccurate or incomplete international information provided by you
  • Losses resulting from circumstances beyond our reasonable international control
  • Losses arising from differences in international laws or regulations

6.3 International Professional Indemnity Insurance

We maintain professional indemnity insurance as required by regulators in each jurisdiction where we operate. International details are available on request.

7. Termination

7.1 By You

You may terminate our international engagement at any time by providing written notice. You will be responsible for international fees incurred up to the date of termination and any international termination costs.

7.2 By Us

We may terminate our international engagement if:

  • You fail to pay our international fees
  • You fail to provide international instructions or cooperate
  • An international conflict of interest arises
  • We have reasonable grounds to believe you are involved in international illegal activity
  • You breach these international terms
  • International sanctions or regulations prevent us from continuing

7.3 International Post-Termination

Upon international termination, we will:

  • Cease work on your international matter across all jurisdictions
  • Submit a final international invoice for work done
  • Deliver your international papers to you upon settlement of our fees
  • Provide reasonable international assistance to your new legal representatives

8. International Website Use

8.1 International Acceptable Use

You agree not to use our international website:

  • In any way that breaches applicable international laws or regulations
  • To transmit any material that is defamatory, offensive, or obscene across jurisdictions
  • To interfere with or disrupt the international website or servers
  • For any international fraudulent or unlawful purpose
  • To attempt to gain unauthorized access to our international systems

8.2 No International Legal Advice

Content on our international website is for informational purposes only and does not constitute legal advice in any jurisdiction. You should not rely on website content as a substitute for professional international legal advice.

8.3 International Links to Third-Party Sites

Our website may contain links to international third-party websites. We are not responsible for the content or practices of these international sites.

9. Intellectual Property

All intellectual property rights in our international website, marketing materials, international precedents, and know-how remain our property. You are granted a limited international license to access and use our website for personal, non-commercial purposes.

10. International Dispute Resolution

10.1 International Complaints Procedure

If you have any concerns about our international services, please contact us immediately. We have a formal international complaints procedure available on request.

10.2 International Legal Ombudsman/Regulators

If you are not satisfied with our handling of your international complaint, you may refer the matter to the appropriate regulatory body:

Jurisdiction Regulatory Body Time Limits
United Kingdom Legal Ombudsman (within 6 months of our final response) Within 6 years of act/3 years from knowledge
United States State Bar Associations (varies by state) Varies by state
Canada Law Society of respective province Varies by province

UK Legal Ombudsman Contact:
PO Box 6806, Wolverhampton WV1 9WJ, UK
Telephone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk

11. Governing Law & Jurisdiction

These international terms and any engagement shall be governed by and construed in accordance with English law, unless otherwise specified in your engagement letter. For cross-border matters, jurisdiction will be specified in your engagement letter and may involve multiple legal systems.

Any international disputes shall be subject to the exclusive jurisdiction specified in your engagement letter, which may include:

  • Courts of England and Wales for UK matters
  • Appropriate US federal or state courts for US matters
  • Appropriate Canadian provincial courts for Canada matters
  • International arbitration where specified

12. Amendments

We reserve the right to amend these international terms from time to time. Current terms will always be available on our international website. For existing clients, material changes will be communicated in writing across all relevant jurisdictions.

International Contact for Questions

If you have any questions about these International Terms & Conditions, please contact:

Irwin Solicitors - International Head Office
45 Legal Chambers, London EC1A 1AA, United Kingdom
UK Telephone: +44 7441 460994
US Telephone: +1 315 203 9741
Email: legal@irwinsolicitors.com

International Office Contacts:

  • USA Office: 250 Park Avenue, Suite 900, New York, NY 10177
  • Canada Office: 100 King Street West, Suite 5600, Toronto, ON M5X 1C9

Note: These International Terms & Conditions do not affect your statutory rights in any jurisdiction. For matters relating to international consumer rights, please refer to relevant legislation in your country (Consumer Rights Act 2015 (UK), state consumer protection laws (US), Consumer Protection Act (Canada), etc.).