Shanice Ang - 6 Aug - Letter of Engagement

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 5

Ang LLC

1 Pivett Drive #12-01


Singapore 901256
T: +65 9092 3688
F: +65 6583 3664
E: shanice.ang.2011@law.smu.edu.sg

6 August 2015

Philip Phua
12 Culinary Road
Singapore 214321

Attention: Mr. Philip Phua

BY EMAIL AND POST


Our Ref: 2015/FMS/Client1/01

Dear Sir,

RE: CLAIM BY EPICUREAN DELIGHTS PTE LTD AGAINST DAMIEN DRAKE FOR NON-
PERFORMANCE OF EMPLOYMENT AGREEMENT (LETTER OF ENGAGEMENT)

1.! Thank you for instructing us as your solicitors in the above matter at the meeting on 5 August
2015.

2.! As required under Singapore’s Legal Profession (Professional Conduct) Rules, we set out below
the principal terms of our engagement as your solicitors. We also set out some basic information
regarding our professional relationship with you.

3.! The Associate in charge of your matter is Ms. Shanice Ang (Telephone no. (DID): +65 9092
3688; email: shanice.ang.2011@law.smu.edu.sg).

4.! During the course of the matter, we shall keep you advised on the progress of your matter on a
regular basis either by telephone, electronic mail, or letter enclosing copies of relevant
correspondence. A progress report can be made available to you upon request at any time during
the matter.

(A) SCOPE OF OUR SERVICES

5.! The scope of our services which we foresee following our first meeting will extend to the
following:

a.! Advising you on matters of Singapore law related to the dispute which has arisen
between you and Mr. Damien Drake;
1
b.! Representing you in legal proceedings brought in Singapore (if it is determined to be the
appropriate jurisdiction) in connection with the foregoing; and

c.! Doing all things as may be required or necessary and/or incidental in connection with the
foregoing.

(B) PROFESSIONAL FEES

6.! Our professional fees are generally based on the actual time spent by solicitors having conduct of
your matter. This may include time spent in meetings and over the telephone with you and others;
preparing, reviewing and working on relevant papers and correspondence; preparing for and
attending court on your behalf; travelling and waiting; and the overall management of this matter.

7.! In addition to the actual time spent, we may also add a premium to take into account a number of
factors including the complexity of the issues addressed, the speed at which action must be taken,
the expertise or specialist knowledge which your matter may require; the amount of work
required to be done outside normal office hours; the importance of the matter; and, if appropriate,
the value of the property or subject-matter.

8.! The hourly rate of the lawyer(s) on this matter are as follows:

a.! Senior Partner – Singapore dollars (“S$”) 700.00 per hour;

b.! Associate – S$300.00 per hour.

9.! We are mindful of the need to keep your costs under control, and will endeavour to do so by
ensuring that all work is done at the appropriate levels of seniority with the requisite degree of
supervision. We keep our hourly rates constantly under review and will notify you of any changes
to them.

10.! Our firm’s policy is to bill at every quarter of the financial year or at the conclusion of the matter,
whichever comes first. Please note that all bills must be paid within 30 days of the date of issue,
after which interest of 5.33% per annum may apply. Prompt payment of our interim invoices is a
condition of our continuing to act for you in this matter.

11.! You may apply to the Court to have our bills taxed (i.e. assessed), but must do so by filing an
application for an order for taxation of the relevant bill within 12 months of the date of receipt.
Failure to do so will result in your loss of a right of challenge, except where the Court orders
otherwise.

12.! We will be happy to answer any queries you may have concerning our bills.

(C) DISBURSEMENTS

13.! You must bear all disbursements incurred by us on your behalf. This includes, but is not limited
to: stamp and filing fees, transport costs, overtime charges, expert witnesses and all other

2
reasonable incidental out-of-pocket expenses incurred on your behalf. A table of disbursements
will be annexed to the bill.

14.! Should the matter proceed to trial, it will be necessary for you to pay hearing fees directly to the
Court.

(D) PAYMENT OF DEPOSIT

15.! It is industry practice for law firms to require clients to make payments in advance for anticipated
professional fees and disbursements. In this regard, we will require an initial deposit of
S$1500.00 before we can begin work on your matter.

16.! Kindly let us have this sum at your earliest convenience either by cheque made payable to “Ang
LLC”, or by remittance via telegraphic transfer in Singapore Dollars to our bank account DBS
987-65432-1.

17.! We may also require you to provide further payments from time to time as is appropriate. Such
monies may be used to make payments on your behalf or to offset sums of money expended by us
on your behalf. Where the monies are used, we will notify you 2 working days prior. Please note
that these sums are deposits only, and the actual amount of professional fees and disbursements
payable to us may exceed or fall below the total amount of deposits remitted.

(E) COSTS ORDERS

18.! For the avoidance of doubt, please note the following:

a.! Solicitor and client costs: You will be personally responsible for the payment to us of
our legal fees, disbursements and GST in full. This is independent of your success in your
course(s) of action and whether or not the Court makes an order that your opponent pay
your legal fees;

b.! Party and party costs: In the event that you are unsuccessful, you will be ordered to pay
your opponent’s legal fees. This is in addition to the legal fees due to us; and

c.! That even if you succeed in litigation and your opponent is ordered by the Court to pay
your legal fees, it is likely that the amount ordered will fall short of the actual amount of
legal fees payable by you, and/or that your opponent may not in fact be capable of paying
what has been ordered against him.

(F) GST

19.! As we are a business registered under Singapore’s Goods and Services Tax Act, our legal fees
and certain disbursements will be subject to a 7% Goods and Services Tax (‘GST’) to be borne by
you.

(G) ACTING IN OTHER MATTERS

3
20.! We are not precluded in any other circumstances from acting for another party against you in any
transaction or litigation unrelated to this matter.

(H) TERMINATION OF SERVICES

21.! We are entitled to terminate our engagement on the grounds set out in Rule 42 of the Legal
Profession (Profession Conduct) Rules 1998.

22.! You are entitled to terminate our engagement at any time and on any grounds. Upon our
discharge, we shall have a lien over all documents related to the matter and monies held on
account by us until payment of our professional costs and disbursements. We will release these
documents to your new solicitors only on their undertaking to protect our lien as to costs.

(I) STEPS TO BE TAKEN

23.! We trust that you will find the terms of our engagement satisfactory. If so, kindly sign and return
to us, by post, the attached copy of this letter and the enclosed Warrant to Act.

24.! This letter countersigned by you constitutes your Warrant to Act in favour of us representing you
generally in connection with the above matter. No further warrant to act will be necessary for
compliance with Order 64 Rule 7 of the Rules of Court.

25.! We look forward to being of service to you. Please feel free to contact the lawyer(s) handling the
matter regarding any queries you may have or any feedback on our services offered.

Yours faithfully,

Shanice Ang
Shanice Ang
Legal Associate
Ang LLC

4
WARRANT TO ACT

I, ______________________ (NRIC No _______________) hereby agree to engage the services of Ang


LLC (“the firm”), on the terms and conditions set out above and hereby grant that firm my Warrant to
Act for me in Singapore in connection with legal proceedings relating to the claim against Damien Drake.

Signed on the day of August 2015.

________________________________

Name :

NRIC No:

You might also like