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Standard Conditions of Service

Standard Conditions of Service

1. The client shall:-
   1. be responsible for payment of the costs and disbursements of SFKS inclusive of all incidental expenses and will keep SFKS indemnified at all times against any liability for such expenses;
   2. upon request by SFKS, pay to SFKS such amount as may be reasonably required to be paid on account of costs and disbursements; and
   3. settle promptly all bills and interim bills as may be rendered by SFKS to the client from time to time in respect of the services rendered or any part thereof.
2. SFKS’s bill(s) is due upon delivery. Interest shall be payable in respect of all overdue payments by the client to SFKS at the rate of one per cent per month as from the due date of the relevant payment until payment if such payment shall remain outstanding for over 30 days from the date of the bill. Unless otherwise agreed, our photocopying charges will be HK$1 per page for black and white copy, and HK$6 per page for colour copy.


3. The client shall upon request by SFKS:-
   1. render to SFKS such materials and information as SFKS may require for the purpose of providing the required service to the client; and
   2. confirm the client’s instructions in writing.
4. SFKS may by notice terminate the retainer in appropriate circumstances including without limitation any of the following events:-
   1. a conflict of interest between the client and other client(s) of SFKS;
   2. where the retainer was made by the client and other party/parties jointly with SFKS a conflict of instructions from the client and such other party/parties;
   3. a breach of any of these Conditions by the client;
   4. the client’s instruction(s) being contrary to SFKS’s advice, thereby exposing SFKS to potential liabilities;
   5. where SFKS considers that there is a complete breakdown in trust and confidence between the client and SFKS;
   6. any matters arising which will under any applicable rule of law or professional conduct constitute a ground for SFKS to withdraw from acting for the client;
   7. if SFKS is of the opinion that a conflict of interest arises whether the conflict is between clients of SFKS or between the client and SFKS.
5. SFKS is authorised by the client to do all necessary acts and things on behalf of the client in the conduct of the matter forming the subject of the retainer including without limitation:-
   1. to appoint and instruct Counsel, expert, other agent(s), attorneys, overseas attorneys as may be required to act in relation to the subject matter;
   2. to settle or compromise the claims or any part thereof which may arise from the subject matter;
   3. to sign all agreements, documents and instruments of and incidental to the subject matter and any other matters incidental to the exercise of the authority conferred hereby;
   4. to make payment of relevant fees and other expenses;
   5. to receive on behalf of the client all moneys receivable pursuant to the subject matter and to give valid receipt therefor; and
   6. where the subject matter involves or gives rise to any legal proceedings (including arbitration or mediation matters) to enter into agreement(s) with the other party/parties in relation to the conduct of the subject matter and the sharing of proceeds of recovery and liabilities for costs and expenses.
6. SFKS’s liability, whether for negligence, breach of contract or otherwise for whatever reasons, in non-contentious business shall be limited to the extent of its indemnity cover required under the Solicitors (Professional Indemnity) Rules from time to time, plus the amount of the deductible that is not payable under such indemnity cover, provided that the foregoing shall not limit SFKS’s liability for death or personal injury resulting from negligence or any liability for fraud or dishonesty.


7. The terms of the retainer shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region.