Incorporating the former Hobart practice of Finlay Watchorn Working with Us Who is in charge of your file? Tim Tierney is the principal of the firm, trading as Tierney Law. All other persons in the firm are employees or self employed consultants. Tierney Law is responsible to you for employees or self employed consultants working for you on behalf of Tierney Law. Tim Tierney, Peter Griffits, Peter Tierney, Imran Khan and Tessa Poulson, are legal practitioners. Others who may assist on your file including secretaries and clerks, are not legal practitioners. Unless otherwise advised, the person who signs your letters is the person primarily responsible for your file. You will be told if the person responsible changes. Please direct enquiries to the person responsible for your file. Others in the office have access to your file and reception may be able to answer many queries in relation to your file if you are unable to contact the person responsible for your file. Procedural matters such as organising appointments, requesting copies or leaving simple messages are best arranged with reception. Cost We will provide you with an estimate of likely costs after our initial discussions. It may be necessary for us to revise our estimate. Where it is too difficult to predict the progress and outcome of matters, and estimate likely costs, we will give you a likely range and the details of the variables. We can provide you with an indication as to your costs to date and an up to date estimate of future costs at any time. Level 1, 18 Elizabeth St, Hobart 7000 DX 231, Hobart GPO Box 16, Hobart 7001 Ph: (03) 6220 2777 Fax: (03) 6224 9960 www.tlaw.com.au ABN 919 6524 1227 Suite 8, 16 Main Rd, Huonville 7109 DX 70754, Huonville PO Box 239, Huonville 7109 Ph: (03) 6264 2967 Fax: (03) 6264 2688 2 On some matters such as property purchases and sales, we charge a fixed fee for the standard elements of a transaction. Outside the standard elements of such matters, and where the uncertain future of the matter means we cannot calculate a fixed fee, our fee is based on the time taken to perform the work. Costs incurred by you are payable even if you decide not to go ahead with your matter. When dealing with a legal practitioner, you have rights to negotiate a costs agreement, receive a bill of costs and to request an itemised account within 30 days of receipt of a bill. Our time is charged on the basis of six (6) minute units of activity. Each unit or part of a unit is charged at 1/10 of the hourly rate applicable. The typical hourly rate for each staff member as at the 1st April 2011 is as follows: Peter Griffits $330.00 + GST $33.00 Tim Tierney $260.00 + GST $26.00 Peter Tierney $250.00 + GST $25.00 Imran Khan $220.00 + GST $22.00 Tessa Poulson $190.00 + GST $19.00 Patrick Tierney $140.00 + GST $14.00 Clerk/Paralegal $120.00 + GST $12.00 Secretary $90.00 + GST $9.00 Our rates are reviewed annually and typically follow the CPI. We obtain GST exempt and GST free supplies as your agent. You will need to reimburse us for those expenses we reasonably incur on your matter. We charge for any significant photocopying, postage, phone charges etc. on a cost recovery basis. We usually send our account when the file is completed but if the matter goes beyond two months, we may send accounts monthly. We can send accounts on earlier request by you. Our account is payable within fourteen (14) days of the date of the account. If you have any queries on cost please telephone the person responsible for your file or if you prefer Tim Tierney. 3 Any Concerns? We aim to give great service. Please let us know if you are dissatisfied or have some comment that might help us assist you better. Please tell the person dealing with the file of your concerns or dissatisfaction. If this does not resolve your concern, please raise the matter with one of the lawyers, who is not dealing with your file. Things rarely go wrong, but if so, the sooner we know, the sooner we can fix it. If you are unsure or unclear with the advice given, let the person know. If necessary, we can arrange a second opinion from one of our other lawyers or someone outside of the firm. Other Experts Let us know if you need non–legal advice related to your matter. Comments we make about non-legal matters is on the basis we are only qualified to advise as lawyers. We are not qualified as financiers, accountants, financial planners, land or building surveyors, insurance brokers or valuers. Any expert advice you need on such matters should be from a qualified adviser. If it would assist, we can refer you to advisers we trust and respect. We will give you a number of advisors from which to select. We do not accept liability for the advice or actions of other advisers. We do not seek or accept fees or commissions from any person or product we recommend. Keeping in Touch Let us know if you need an update as to progress with your matter. If you think matters are going too slow, let us know so we can chase the matter or explain the source of delay. We answer client messages as a priority. Sometimes court and other commitments cause delays. If you leave a message it is often helpful to give details to reception or a secretary. Reception or a secretary may answer the query or get instructions on how to deal with it. Please let us know when you leave a message if there is a time constraint on calling you back. If your call is not answered within your time constraints, please call back and mention the delay so we can make sure the matter is dealt with. Email/ Fax We like to use email and if not available faxes to send written communication quickly and reliably. There is a risk of interception in any form of communication. Electronic communication caries the extra danger of picking up a virus or worm. We use virus checking and firewalls but cannot avoid that risk entirely. So far, our systems have meant we have not had problems. If you do not wish us to use email or faxes, let us know. 4 If you do not clear your emails regularly or if your fax location is not secure, ask us to ring before we email or fax. We usually send attachments to our emails in Adobe PDF format and sometimes in Microsoft Word. Let us know if you need us to send in a special format to read email attachments. Note our file reference number in the subject line of our emails. Please include this number in any emails you send to have the email attached directly to your electronic file. Conflicting Interests We do not act in contentious matters for more than one side of the dispute. We may be unable to act in contentious matters against persons who have previously been clients of the firm or who are neighbours, friends or relatives of personnel of the firm. If you are aware of any possible conflict of interest, let us know. In non-contentious matters, we will give you notice if we act for any other party. Where we act for more than one party, we will stop acting if we determine we are unable to continue with the matter without acting contrary to the interests of a party. We may be prevented from disclosing to a party in conflict the full knowledge we have or give advice, because it is contrary to the interest of another party. In those circumstances, we direct each party to other firms and will not act further in that matter for either. Privacy We will need to discuss your file with others involved in advancing the transaction: such as the other lawyers, banks or the agent. If you have some one assisting you, please confirm their authority to act for you. Your File Let us know if you need a copy of the entire contents of your file documents. We can give you the complete copy of the file documents if you need it. You may need to pay your account including the cost of making copies before we release items from the file. We mainly store your file digitally rather than on paper. Digital storage is safer and more efficient. We store multiple copies including secure off site copies. We archive original documents, deeds and wills in safe custody or by sending them to you. We shred other paper we have archived digitally to protect your confidentiality. If you do not wish such paper destroyed, let us know and we will send it to you to archive. Office Access Our offices are on a single level. Our Hobart office is accessible by lift or stairs. Whilst the lift to our Huonville office remains “in construction”, 5 please tell us if the stairs there present a difficulty to you and we will arrange to see you in a ground floor office. Office Hours Our office is open 9.00am to 5.00pm Monday to Friday. The lawyers are often in the office outside those times. Let us know if you need an after hours appointment. 6 Legal Costs – Your Right to Know When you engage a lawyer you must be advised in writing about the following costs issues, unless the lawyer is exempted from doing so in accordance with section 295 of the Legal Profession Act 2007: 1. The basis on which legal costs will be calculated, including whether a scale of costs applies to any of the legal costs; 2. Your right to: negotiate a costs agreement with your lawyer; receive a bill from your lawyer; request an itemised bill within 30 days after receipt of a lump sum bill; be notified of any substantial change to anything included in the lawyer’s disclosure. 3. An estimate amount of the total legal costs or, if that is not reasonably practicable: a range of estimates of the total legal costs; and an explanation of the major variables that will affect the calculation of those costs. 4. If the matter is a litigious matter, an estimate of the of: the range of costs that may be recovered if you are successful in the litigation; and the range of costs you may be ordered to pay if you are unsuccessful; 5. The details of the intervals (if any) at which you will be billed; 6. The rate of interest (if any) that will be charged on overdue legal costs, whether that rate is a specific rate of interest or is a benchmark rate of interest; 7. Your right to progress reports; 8. The details of the person you may contact to discuss legal costs; 9. The following avenues are open in the event of a dispute in relation to legal costs: Costs Assessment The setting aside of costs agreement Making a complaint to the Legal Profession Board (See the additional fact sheet entitled ‘Your Right to Challenge Legal Costs’). 10. The law of Tasmania applies to legal costs in relation to the matter but you may – accept or reject any offer for an interstate costs law to apply to your matter; notify your lawyer that you require an interstate costs law to apply to your matter. 11. The name of the lawyer who is primarily to perform the work on your file; 12. Information relating to the fact that some or all of the work on your file is to be performed by someone who is not a lawyer The above advice in writing is not required to be made in particular if the total legal costs excluding disbursements are not likely to exceed $1500.00(exclusive of GST) This Fact Sheet is made in satisfaction of regulation 63 of the Legal Profession Regulations 2008. GPO Box 1133 Hobart Tas 7001 www.taslawsociety.asn.au Telephone: (03) 6234 4133 Facsimile: (03) 6223 8240 Email: [email protected] 28 Murray Street Hobart Tas 7001 ABN: 79 607 763 856
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