Terms of Engagement
These Terms of Engagement are the standard terms on which Law Office of O.G. Oyeleke provide legal and related services to clients, It is set in place to guarantee an efficient and responsible relationship with our clients.
1. The Practice.
The firm is Law Offices of O. G. Oyeleke, LLP (Limited Liability Partnership) with principal offices in Lagos, Nigeria.
2. The Contract.
These engagement terms and conditions should be read together with any other understanding or arrangements relating to any specific instruction and supersede them should there be a conflict.
3. Other conditions.
It is a condition of the engagement of our services and the client understands and accepts that we are also bound by and agree to conduct our services in accordance with regulations in place by the Nigerian Bar Association (NBA) regardless of other countries bar regulations to which members and partners may be subject to.
4. Conflict of Interest.
The firm will usually advise at the onset of the acceptance of instructions about a potential conflict of interest in relation to the instructions, and will not act for any other client in relation to the same subject matter. This is without prejudice to our ability to act on any other particular matter in which the client may have an interest, unless the firm on its own determines at its own direction that it will be inappropriate to so proceed.
5. Anti-money Laundering/Bribery & Corruption.
We are particular about bribery, corruption and money laundering and will strictly adhere to the Money Laundering (Prevention and Prohibition) Act 2022, Independent Corrupt Practices and Other Related Offences Act 2000, EFCC Act, etc regarding any other relevant regulation at the time or other best practices as available world wide. In order to do so, we may be required to conduct customer due diligence on you the client, persons acting on your behalf, and other relevant persons such as your beneficial owners or persons who have effective control of you and (in the case of trust) beneficiaries of the trust. We may not be able to act or continue acting until this is completed.
6. Our Work.
We will always endeavour to perform to the best of our abilities exercising all diligence, care and skill and will engage where necessary, subject to approval by the instructing client, the services of other experts or third service providers where the issues relate to matters beyond our expertise or skill or outside of our professional calling but necessary for the purpose of the execution of the services for which we were engaged and subject to applicable laws.
The party with whom we have a direct relationship is the beneficiary of our services and any advice is provided solely for the use of the engaging client and nobody else. The firm will therefore not accept responsibility or duty to any other person(s) for any consequences arising from reliance upon our advice. Additionally, no other person than the client successors and assigns shall have the right to enforce any of the provisions of these terms of business.
We agree to treat as confidential all information provided by a client to us. Such information shall not be disclosed to any third party without the prior consent of the client. The foregoing shall not be applicable if such information: (a) is publicly available when provided or which thereafter becomes publicly available; (b) is under the obligation to be disclosed pursuant to the applicable laws or regulation or order of court or other government authorities.
9. Basis of Relationship.
It is fully understood that information provided is the basis upon which we will be expected to proceed to act for the client and which we are expected to assume is accurate and complete. Unless we are otherwise informed in writing, we will act on the assumption and understanding that all or any of the clients’ directors, principal offices or other persons communicating with us are so authorized to do so in relation to our engagement.
Unless we are otherwise informed in writing we may correspond with the client by any suitable and safe manner as is convenient for our purposes.
Time spent (Research, meetings, travel, Court appearances, and in correspondence) but not necessarily limited to these subject headings will form the basis of our fees-notes and on which our charge out rates will be based.
Disbursements, including third party expenses are at cost.
Invoices which will distinguish between fees and disbursements are exclusive of VAT or other taxes as relevant and at the applicable rate at the time of the invoice. We will usually expect to have Invoices settled within 30 days of its issue unless otherwise agreed. The firm reserves the right after 30 days to terminate the relationship and apply any funds belonging to the client with it to meet invoices and/or to apply interest to any amounts outstanding.
Any right of action is solely against the firm and any action or step taken pursuant to any instructions by any individual is regarded as for and on behalf of the firm.
13. Professional Cover.
Where there to be a binding agreement or other understanding with respect to or for any loss to the client the firm has in appropriate circumstances an indemnity policy to cover for liability and available for view on request.
Either party may terminate the engagement by notice in writing. The firm reserves the right to keep and not pass on all notes, opinions and other material generated by it and to retain Clients documents where necessary until the subject of fees and disbursements have been fully paid and resolved.
15. Retention of files and documents
We retain the files we establish on a matter, and any document you leave with us for at least five years after our engagement ends, or earlier if we have converted those files and documents to an electronic format.
If you ask us or in the event we are obliged to, we will destroy any matter-related files or documents. If at your request, we destroy any files or documents in advance of our usual document destruction date, then any liability we may have in relation to the matter, files or documents however arising will be deemed to have been waived and will end, and you will indemnify and hold us harmless against any such liability to a third party.
16. Dispute Resolution.
We will encourage in the unlikely event of any dispute in connection and relating to our services that they are resolved in good faith in the first instance by process of Negotiation, and then Mediation if still unresolved and then Arbitration and by a Legal Action in that order.
17. External Affairs.
The firm reserves the right unless expressly informed by the client to refer to our representation of the client in marketing and related publicity whether or not we continue to represent the client as at the time of the publication.
18. Governing Law and Jurisdiction.
The client and firm agree that this engagement shall be governed by and this agreement construed in accordance with the Laws of Nigeria.
19. Force Majeure.
Should the firm not be in a position to perform services as contracted for reason beyond its control the client will be notified and no liability shall for that reason be occasioned.