Standard Terms of Client Engagement.

Governing Terms. 

This statement contains the standard terms for our engagement as your lawyers. Please review this statement carefully and contact us promptly if you have any questions. We suggest that you retain this statement in your file. You can accept and consent to these terms by signing the copy of the Costs Proposal provided to you where indicated and returning it to us, or by continuing to instruct us.

Scope of Our Engagement and Fees. 

The scope of our engagement will be set out in a Costs Proposal that will be sent to you each time we agree to represent you on an individual matter (Costs Proposal). Where we have been engaged by more than one person or entity, each engaging person or entity is jointly and severally liable for the payment of our fees and expenses.

You have the right under clause 17 of Schedule 3 of the Legal Practitioners Act to be notified of any substantial change to the matters to be disclosed to you under clause 10 of Schedule 3, including any substantial change to the estimated costs of work.

You agree to provide us with clear and timely instructions and all relevant information to enable us to advance your matter.

Confidential Information. During our engagement we will likely share Confidential Information with each other. Confidential Information is generally any information that is not in the public domain and may include things like trade secrets, IP, know-how and technology, or sensitive information such as commercial, strategic or financial information. The recipient of Confidential Information shall keep it confidential except as provided for in these terms.

We may engage assisting parties, including our network of solicitors, barristers, trademark specialists and other specialists, to assist in the provision of the services. Where we engage an assisting party, we require them to comply with our confidentiality obligations under this agreement.

Conflicts. 

We take our duty to protect our clients’ interests seriously.  Where a matter gives rise to a conflict between you and another client we will notify you immediately and take all reasonable steps to screen our lawyers and paralegals who may have access to sensitive information.  If we are unable to resolve the conflict, we reserve the right to cease to act.

Subject to conflicts of interests, and keeping in accordance with our professional and ethical responsibilities, we may act for any other party.

Conflicts With Affiliates. 

For the purposes of our engagement, our client is only the entity designated in our Costs Proposal. Accordingly, for conflict of interest purposes, we may represent another client with interests adverse to your affiliates without obtaining your or their consent. You must inform us immediately if the designated client does business under any other name.

Liability. 

Our liability in relation to our engagement is limited by a scheme approved under the Professional Standards Act 2004 (SA). To the extent permitted by law, our liability for any loss, including without limitation liability for any negligent act or omission by us, shall be limited to an amount equal to ten (10) times the reasonable charge for the services up to a maximum amount of AUD1.5 million.

To the extent permitted by law, we exclude all liability to you for any indirect, or consequential loss including without limitation loss of profits or revenue, business interruption or loss of data.

Termination of Services. 

Our services will be automatically terminated upon completion of the scope of work as set out in the Costs Proposal.  Where we provide open-ended services, our services are terminated when more than 6 months have lapsed since we provided you with any billable services.

You may terminate our representation at any time by notifying us in writing. Termination of our services will not affect your responsibility for payment for legal services rendered and additional costs and disbursements incurred by us before termination.

We may terminate our services only in accordance with the applicable rules of professional conduct and responsibility.  We try to identify potential issues and discuss them with you in advance.  If withdrawal becomes necessary we will always provide a written notice of withdrawal.

Your Papers. 

Upon completion of your matter, or termination of our services, papers and property that you have provided to us will be returned to you at your request. Our drafts and work product will belong to us. We reserve the right, subject to any applicable laws or rules of professional responsibility to the contrary, to destroy any items retained by us within a reasonable time.

Copyright. 

Any documents, letters or other material authored by us remain exclusively our property. You have the right to use those documents strictly for the purposes for which they are supplied. Nothing in this agreement constitutes a transfer, assignment, license or right to reproduce material prepared by us.

E-mail.

We make reasonable attempts to protect our e-mails and any attachments from viruses or other defects that might affect computer or IT systems. However, it is your responsibility to put in place measures to protect your computer or IT system against any such virus or defect. We do not accept any liability for any loss or damage that may arise from the receipt or use of electronic communications from us.

Questions & Complaints. 

One of our goals is to ensure that legal services are delivered effectively and efficiently, and that all billings are accurate and understandable. Please direct any questions or concerns about services or billing practices to us.

We will undertake all efforts to resolve disputes or complaints as to the provision of our services or billing practices directly with you.  If we are unable to resolve an issue, you agree to participate in mediation, governed by the rules for Mediation published by the Institute of Arbitrators and Mediators Australia.  You agree that the obligation to participate in mediation in good faith is a pre-condition to any form of litigation.

These Standard Terms are governed by the law and professional standards in South Australia.

Billing Policy of Brite Legal

This statement contains the general billing policy of Brite Legal. Unless modified in writing in the Costs Proposal, these terms will be an integral part of any engagement we may have with you. Please review this statement and contact us promptly if you have any questions or concerns. By signing the Costs Proposal, or by continuing to instruct us you accept and consent to these terms.

Legal Fees. 

Our legal fees are charged on either a fixed fee or hourly basis.

Hourly Fees. 

Charged for services are the product of the hours worked (divided into minimum units of 6 minutes or part thereof) multiplied by the hourly rates of the legal practitioners and other specified persons who did the work. The use of minimum units means that even if a particular task takes two minutes, it will be recorded and charged as a full six-minute time unit.

• Rates are determined by the experience, expertise, and efficiency of each team member.

• This quotation is valid for 90 days, after which time your matter will need to be re-quoted. Brite Legal provides quotation and rates on a matter by matter basis and reserves the right to increase rates for future matters without consultation. Brite Legal will provide a new quotation for each new matter, or where the work for the matter quoted surpasses the original scope of work. As our client, you are welcome to not accept a quotation and Brite Legal will happily hand over all paperwork and records to a supplier of your choosing

• Our rates of charge for time spent are different from the rates set out in the Scales of Fees published by the Supreme Court. Although time charging is common there may be other legal practitioners who would be prepared to act for you and charge according to the scale. You are entitled to seek independent legal advice regarding this or any other term of this agreement.

• Our rates may, and in some cases will, result in a higher charge than if the Court Scale of Fees were used.

Fixed Fees. 

For some matters we will fix a fee for legal services being provided to you, the details will be set out in the Costs Proposal. For fixed fee matters you agree that we are entitled to payment of our invoice prior to the legal services being provided.

• This fixed fee is different from the rates set out in the Scales of Fees published by the Supreme Court. Although fixed fee charging is not uncommon for these types of services, there may be other legal practitioners who would be prepared to act for you and charge according to the scale. You are entitled to seek independent legal advice regarding this or any term of this agreement.

• This fixed fee may, and in some cases will, result in a higher charge than if the Court Scale of Fees were used.

• Where we agree to provide fixed fee legal services, our fee is based on assumptions which will be clearly set out in the Costs Proposal. Where we are required to undertake work outside or in excess of these assumptions, you will be charged at our hourly rate, unless another costs arrangement is negotiated. We endeavour to anticipate work that may exceed our fixed fee, and discuss our concerns with you prior to undertaking such work, but reserve the right incur these costs if it is reasonably necessary for us to provide you with our services.

Costs and Other Charges. 

We may incur various disbursements and other administrative charges in performing legal services for you. You agree to pay those charges and expenses in addition to our fees. Examples of disbursements and other charges commonly include long distance telephone, facsimile and other types of electronic communication; computerised legal research charges; courier, messenger and other delivery fees; postage, translation and interpretation fees; travel expenses (including transportation, meals, lodging and all other costs of any necessary out-of-town travel by our personnel); photocopying and other reproduction costs; bank charges and duty stamps; overtime for secretarial and clerical staff and other services as may be required to meet the deadlines involved with your matter; and other similar items.

If disbursements we incur for you on your behalf are subject to GST, GST will also be payable by you in respect of those disbursements.

Billing and Payment. 

We anticipate submitting monthly invoices for the professional services rendered and other charges and expenses incurred unless otherwise agreed. Our invoice sets out a detailed description of the services rendered during the period, the legal fees and expenses incurred and GST.

All professional fees and disbursements are quoted exclusive of GST unless otherwise stated.  Where a service provided is subject to GST, we will add a 10% GST charge to you.

Payment is due within 14 days of receipt of our invoice, and we reserve the right to suspend our work in the event of overdue bills.

If you request us to render our bills to another party and we agree to do so, it will be on the understanding that your responsibility for settlement of those bills on a timely fashion remains unchanged. Upon the failure of the invoiced party to settle the invoice in full on a timely basis, you will settle the invoice forthwith.