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 of Ireland.
  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 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 of Ireland.
  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. On receiving instructions on a fitness to practise complaint the client must pay a retainer to the Sponsor in the sum of €500 plus vat. All fees will be deducted from the Retainer at the Sponsor’s discretion.
  17. Once the retainer is exhausted the client will replenish the retainer by a minimum of another €500 plus vat or such other sum as requested by the Sponsor.
  18. All outlay must be discharged within 14 days of invoice.
  19. The Retainer will automatically lapse in the event that the Teacher ceases to be a registered teacher with the Teaching Council.
  20. The Company reserves the right to refuse to renew the Retainer on the expiration of its Term.
  21. 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.
  22. The Standard Retainer fee is €50.00 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.
  23. The Company and the Sponsor may assign this Retainer to a Third Party.