Regulatory Legal Defence Ltd
Regulatory Legal Defence Limited Terms and Conditions
Regulatory Legal Defence Limited
Fitness To Practise Retainer
Terms and Conditions
1. This Retainer Agreement is between Swaine Solicitors (the Sponsor) and Regulatory Legal Defence Limited (the Company) of the One Part and The Registered Teacher (Client) of the Second Part.
2. The Retainer Agreement is subject to the terms and conditions particularised below.
3. The Sponsor undertakes to provide Fitness to Practise (FTP) legal advice and legal representation on the terms contained herein to the Client of the Company during the term of the Retainer.
4. Fitness to Practise complaint is a complaint as defined by the Teaching Council.
5. Retainer benefits include a reduced solicitor professional fee of €100.00 per hour plus vat in connection with Fitness to Practise Complaints. This fee does not include barristers or experts fees or any other outlay arising in dealing with a FTP complaint.
6. The Company will publish and circulate educational material and provide educational resources to the Client in connection with Fitness to Practice Complaints.
7. The initial Term of the Retainer is for a period of 12 months from the date of joining.
8. The Retainer will automatically renew for a further period of 12 months from the date of expiration of the initial Term, on payment of the renewal fee on or before the date of expiration.
9. The Retainer is only available to teachers registered with the Teaching Council.
10. The Client consents to the Company and the Sponsor retaining and processing Client’s personal data and to share the said personal data with third parties as required at the discretion of the Company and the Sponsor.
11. The Retainer does not cover existing and or prior complaints to the Retainer. Existing and prior complaints include complaints before a school Board of Management, the Department of Education and or the Teaching Council prior to the Retainer.
12. It is a condition of the Retainer that the Company is informed as soon as practicable of a complaint after the client becomes aware of the complaint.
13. In the event of a complaint, the Client agrees to provide the Company and or the Sponsor in a timely manner with all the necessary information to include copy of the written complaint(s) and copy of the school’s policies and procedures and or any other information required by the Sponsor.
14. The Company and the Sponsor reserve the right to terminate this agreement if the Client fails to fulfil his/her obligations to include failing to discharge the membership fees and or all other professional fees to include outlay as they arise.
15. The Company and the Sponsor reserve the right to terminate the Retainer if the Client fails to co-operate with the Company and or the Sponsor to include providing the requested information in a timely manner, attending consultations or acting contrary to the advices provided by the Sponsor and or the Company.
16. All professional fees and outlay must be discharged within 14 days of invoice.
17. The Retainer will automatically lapse in the event that the Teacher ceases to be a registered teacher with the Teaching Council.
18. The Company reserves the right to refuse to renew the Retainer on the expiration of its Term.
19. The Retainer and any obligations arising out of or in connection with the Retainer shall be governed by the laws of Ireland and is limited to the jurisdiction of the Circuit Court.
Fitness to Practise Standard Membership
20. The Standard Retainer fee is €20.00 plus vat per year for the first two years. The company reserves the right at its discretion to vary the annual membership fee after the second year and each year thereafter.
21. The Company and the Sponsor may assign this Retainer to a Third Party.
Regulatory Legal Defence Limited
Description of Services
Empowerment through knowledge
Fitness to Practise Standard Retainer
For €20.00 plus vat Client will receive the following benefits:
• Expert Legal Representation
When you retain Regulatory Legal Defence you know that you are dealing with a team of professionals. Our dedicated professional team of solicitors and support staff are experienced in Fitness to Practise Complaints and related issues. Because of our years of experience in this area of law we can efficiently and professionally help you to respond to a complaint.
• Dedicated Telephone Help Line 9am to 5pm
Most if not all teachers will be the subject of a complaint at some time throughout their career. In our experience most teachers are unsure how to respond to a complaint. Early legal advice and intervention is essential. A minor complaint if not handled correctly can have serious consequences. With a Standard Retainer with Regulatory Legal Defence we will assist you and guide you at every step of the complaints process at the reduced professional fee. You will only pay as you use the service. Always make sure to have the owner’s permission to use the telephone if you are not the account holder.
• Dedicated e-mail address
All complaints should be in writing and copied to Regulatory Legal Defence as soon as practicable. We shall provide you with written advices by e-mail and copy you any correspondence on your behalf addressed to the Board of Management, the Teaching Council, the Complainant or any other party. You will be fully in the picture at all times. As each matter is completed you will be advised as to the time expended on your matter and billed accordingly. No hidden surprises.
• A reduced professional fee of €100.00 per hour plus vat.
The average charge-out rate for solicitors is €300 per hour plus vat. This represents a significant saving for you.
- The professional time expended in dealing with a Fitness to Practice Complaint before the Teaching Council could amount to 100 hours or more. This does not include attendances in the High Court.
- At the standard charge out rate of €300 per hour plus vat this would amount to €36,900.
- For a Standard Retainer the professional fee would be €10,000 plus vat.
- These savings speak for themselves.
- From experience the professional time expended in dealing with a complaint before a Board of Management is estimated at 10 hours on average. This would result in a professional fee of €3,000 plus vat.
- For a Standard Retainer the fee would be €1,000.00 plus vat
- In many cases Boards of Management are more prepared to discharge the reduced professional fee in certain circumstances.
• The savings achieved are actually greater because you are dealing with solicitors who are expert in this area of law and can deal with your matter in an efficient and competent way.
Note- The solicitor professional fees particularised in the examples above are indicative only.
• Seminars and Training at reduced rates
The best way to deal with a fitness to practice complaint is to avoid a complaint in the first instance. The Company will host training seminars in various topics related to fitness to practice complaints to include:
- Fitness to Practise Complaints- Know your legal rights
- How to deal with difficult people and conflict resolution
- The pit falls and how to avoid them
The best way to handle a fitness to practise matter is to learn from others. Regulatory Legal Defence will regularly provide you with an update on real complaints, the circumstances, how they were handled and the ultimate determination to include any learning outcomes and guidance arising from same.
• Newsletter
Every quarter you will receive a Newsletter by e-mail which will cover various topics in connection with Fitness to Practise Complaints. The Newsletter will cover teacher Fitness to Practices Complaints determinations by the Teaching Council or the Courts in the previous quarter to include a commentary on same.
