Monetise Law

MONETISELAW - TOB

MONETISE – TOB

1. THE DEFINITIONS

a. Agreed Fee
b. Commission
c. Further Work
d. Further Commission
e. The Allocated Client
f. The Bill, to include the panel lawyer or his/her/their firm’s invoices
g. The Business
h. The Final Bill
i. The Introduction
j. The Monthly Submission
k. The Panel Lawyer
l. The Portal
m. The Previous Bill – this is to be given its ordinary meaning.
n. The Previous Month
o. The Proposed Client
p. The Proposed Panel Lawyer
q. The Referrer
r. Their Firm(s), to include firms The Panel Lawyer practices at

2. THE REFERRER

2.1 The Referrer’s rights:

To be paid Commission for a successful referral.

To be kept updated about the billing of The Allocated Case on The Portal by The Panel Lawyer submitting monthly updates.

To request information from The Business about the progression of monthly billing and Commission if this does not appear on The Portal, for any reason.

2.2 The Referrer’s duties

2.2.1 To provide accurate information about themselves, specialism and bank account information.

2.2.2 To provide accurate information about the case to be referred, including;
client and opponents’ names for conflict check and;

a. jurisdiction

b. specialist area

c. sub specialist area

d. amount involved

e. any deadlines which may apply

2.2.3 To agree Commission with The Business.

3. THE PANEL LAWYER

3.1 The Panel Lawyer’s rights:</p.

To expect the portal to be maintained to allow monthly submissions.

3.2 The Panel Lawyer’s duties include –

3.2.1 Registration on portal

The Panel Lawyer shall –

a. Accurately confirm the jurisdiction(s) in which they practice, specialism, sub specialism, (if litigation any niche areas), any periods of unavailability and years of
experience within that specialism(s).

b. provide details of The Firm(s) at which they practice.

c. to agree Commission for The Proposed Client and any Further Work, and if agreed,
and The Proposed Client is allocated to The Panel Lawyer, The Panel Lawyer is to
log onto The Portal provide monthly updates “The Monthly Submission”.

3.2.3 Further Work

The Panel Lawyer shall agree to pay Commission for any Further Work undertaken for The Allocated Client by him/her/they or by his/her/their firm.

3.2.4 The Panel Lawyer is to inform The Business if any Further Work is being proposed for The Allocated Client, either by them or Their Firm so to notify The Business of any Further Commission being payable to The Business.

3.2.5 If an Agreed Fee is proposed by The Panel Lawyer, The Panel Lawyer shall report
this to The Business on The Portal for agreement by The Business

3.2.6 run conflict checks and shall notify The Business if there is a conflict and not act for The Proposed Client if there is.

3.2.7 not to solicit The Proposed Client.

3.2.8 confirm that The Proposed Client has been informed of the referral and provided written consent for The Panel Layer to pay Commission for The Introduction, taking account the specialism and referral.

3.2.9 The Monthly Submission

The Panel Layer shall logon to The Portal and complete The Monthly Submission within the first 7 days of each month and provide the following information;

a. The date of The Bill for the preceding month and the amount of The Bill;

b. The date The Business was paid Commission and the amount paid

c. or confirm no Bill was raised as no work was been undertaken The Previous Month and specify the date of The Previous Bill, or there is an agreed fee and provide details.

The Panel Lawyer must explain on The portal if no work is undertaken for 3 consecutive months, having provided monthly submissions.

3.2.10 Payment obligations

The Panel Lawyer is to pay The Business the applicable Commission on the Bill within the first 7 days of the month for any work undertaken the previous month.

The Panel Lawyer agrees not to pay Commission directly to The Referrer or any third party.

3.2.11 Standard of work, including regulation

The Panel Lawyer shall;

a. be a practising solicitor or lawyer and be authorised and regulated in their country by their respective professional regulator.

b. remain regulated by his/her/their professional regulator in the country in which they practice

c. maintain appropriate and sufficient professional indemnity insurance cover at all
material times in relation to the case to be allocated

d. immediately inform The Business if there is any change in being authorised and/or
regulated, and/or;

e. change is contemplated in relation to themselves or their firms being authorised and regulated, and/or;

f. of any change to their or their firms professional indemnity cover, and/or;

g. any change contemplated to the professional indemnity cover .

h. exercise reasonable care and skill in servicing The Allocated Client.

i. arrange staff cover in case of absence and/or holidays.

3.2.12 Amounts on account

The Panel Lawyer shall secure sufficient amounts on account before undertaking work for The Allocated Client.

3.2.13 Billing

a. The Panel Lawyer shall bill The Allocated Client each month and pay The Business within the first 7 days of every month or confirm no work was undertaken The Previous month, by way of monthly submission via The Portal.

b. Maintain proper time recording records, unless dispensed with by prior agreement
with The Business due to fixed and/or agreed fees.

c. Provide The Business, the time recording records and correspondence to undertake due diligence in relation to any bill and/or work undertaken within 14 days of any request by The Business and include this as a provision in the engagement letter with The Allocated Client .

3.3 In the event of breach:

The Panel Lawyer agrees that The Business may assign its chose in action against The
Panel Lawyer to The Referrer in the event there is a breach of these terms by The Panel Lawyer and/or The Panel Lawyer fails to pay Commission.

The Panel Lawyer is to indemnify The Business for any costs, including court fees, incurred as a result of the Panel Lawyer not providing the requisite information in The Monthly Submission regarding billing and/or payment and/or non-payment of Commission.

4. THE BUSINESS

4.1 The Business’s rights

4.1.1 Has discretion whether to allow The Proposed Panel Lawyer to join the Portal as a Panel Lawyer and to give consideration about other specialists in that jurisdiction and/or location.

4.1.2. To negotiate Commission with the referrer and The Panel Lawyer

4.1.3 Notify The Panel Lawyer and Referrer if the monthly submission or payment of
Commission is not made within 7 days of the start of every month.

4.1.4 Exercise discretion in taking any legal action deemed appropriate by The Business for non-payment of Commission and/or failing to provide information as required by The monthly Submission.

4.1.5 The Business has discretion to remove a Panel Lawyer or terminate The Panel Layer’s membership and/or association with it for any breach of these terms, including non-payment of Commission.

4.1.6 The Business or its successors have discretion to direct that The Panel Lawyer pay Commission to another entity nominated by The Business and/or its successors, including any newly formed entity as result of the business being acquired and/or by merger and/or a rights issue and/or being listed in any jurisdiction.

4.1.7 Has discretion to introduce new terms subject to agreement.

4.2 The Business’s duties-

4.2.2 The Business shall –

a. Provide basic details about the case and The Prospective Client so that The Proposed Panel Lawyer can assess suitability before agreeing to take the case on.

b. Maintain The Portal

c. Comply with data protection legislation of England and Wales.

d. Refer cases according to jurisdiction and specialism.

5. EXCLUSIONS

5.1 No duty or liability is owed By The Business to The Proposed or Allocated Client, Panel Lawyer or the Referrer (other than the payment of Commission to the Referrer) and The Business shall not be liable for any losses which may arise by seeking to and/or by referring the Proposed or Allocated Client.

5.2 The Business is not liable to pay The Referrer if The Panel Lawyer does not pay The Business. However, in the event The Panel Lawyer does not pay Commission, the
Business shall notify The Referrer of this and a decision can be taken between The
Business and The Referrer regarding any action to be taken against The Panel Lawyer for non-payment and/or breach.

5.3 The Business shall have absolute discretion on deciding what action is deemed
appropriate in the event of a default by The Panel Lawyer, including for non-payment.

5.4 The Business may assign any chose in action against The Panel Lawyer to The Referrer in the event of non-payment by The Panel Lawyer and/or breach of the terms. The Business has discretion on assignment of any claims and may require an indemnity from the Referrer.

5.5 If The Panel Lawyer does not pay the correct amount of commission, The Business shall pay The Referrer the agreed percentage of any amount received from the Panel Lawyer whilst taking into account the costs of pursuing The Panel Lawyer for payment/recovery and shall have discretion to deduct administration and/or recovery costs as a result of The Panel Lawyer not completing the monthly submission and/or making payment on time.

6. CHOICE OF LAW

The Referrer and The Panel Lawyer agree English Law applies. The Business has discretion to elect mediation and/or arbitration in London, and if so, the parties shall participate in those processes/proceedings and the English courts shall have exclusive jurisdiction to determine any dispute, including making any declaration.