If no other agreement is reached, the customer pays the company on time, as contractually agreed. The minimum hourly rate unit is five minutes. The company has the right to unilaterally change the hourly rate, giving the customer at least thirty days` notice. If the customer does not accept the change in the hourly rate, he has the right to terminate his contract. The hourly rate will be increased by 50% for urgent work that must set aside other work or that must be carried out outside normal working hours, on weekends or on national holidays. Such an increase in the hourly rate is only allowed if the customer has been informed in advance. The treaty is governed by the law of the Republic of Estonia. Issues that are not covered by the contract are governed by the terms of an authorization agreement under the Law of Obligations Act, with exceptions under the Law of Lawyers Act being adapted. When identifying the scope of the presentation, it is also important to be precise who the customer is and who is not the customer. Lack of clarity as to who exactly represents your business can arise in many common situations: when the company represents a company, but not its related businesses; where a business is a partnership, but not individual partners (or vice versa); When it comes to family, when only a few family members are represented; Estate issues where the deceased or executor is represented, but not the beneficiaries; and immigration is important when the lawyer represents the employer or migrant worker, but not both. In such situations, it may be necessary to spell out the extent of the lawyer-clientelist relationship.
For example: “The company represents the company in this matter. The company agrees that representation does not create a legal relationship between the company and associated companies. Correct identification of the client can help defeat a disqualification request or the assertion that a prohibited conflict of interest has tainted the lawyer`s representation. In some cases, the customer may not be the one paying the replacement bill. This can happen, for example. B if you represent a child, but the parent pays the bill. In this case, the confidentiality agreement, to which the duty of confidentiality is due, should be defined and solicitor-client privilege must be explained. The client signs a contract that allows the registry`s lawyers to represent and defend the client with third parties in Estonia and abroad. Restrictions on representation rights are agreed in writing. If a registry lawyer must prove the right to represent the client, the client will give the lawyer a mandate. If you request the client`s signature and for any issues that require the agreement of a conflict and/or potential conflicts, make sure that you have procedures in place to: (1) remind the client to make the copy executed; and (2) to ensure that the necessary authorizations were obtained before work on this file began. In the event of a subsequent dispute, the client`s failure to sign could excuse the performance of the client`s obligations under the contract of engagement.
And counsel who seeks written consent but does not seek it is strongly hampered by the defence against further disciplinary action or breach of trust duty on the basis of the allegation that counsel had a conflict of interest.