Job opening & Terms of Engagement Flashcards
When a client instruction is accepted what checks are undertaken?
Conflict of interest checks
Anti-money laundering check
Non-disclosure agreements
What is a Non-disclosure agreement?
A legally binding contract that establishes a confidential relationship. The party or parties signing the agreement agree that sensitive information they may obtain will not be made available to any others
What should you be aware of when negotiating fees?
Firms should avoid price fixing, aggressive fee cutting or collusion with competitors
Fee should be market based
Be aware of allowing enough of a fee to still be able to provide a high standard of service.
Must be transparent in fees and state if receipt of or offering a referral fee
What do terms of engagement consist of?
Fee proposals and Terms and Conditions.
What is contained in a fee proposal?
Introduction outlining our instructions as we understand them
Proposed scope of works
Timescales
Appointment of consultants
Fees
Standard Terms of Appointment
What is in your companies terms and conditions?
Client and consultant obligations
Payment terms
Additional Services
Limitations of liability
Professional indemnity insurance
Complaints handling procedure
What steps should you follow before accepting an instruction?
Check that you are professionally competent
No conflicts of interest or personal interest
Confirm terms of engagement in writing and get written approval from the client before you commence work on the instruction (CIT)
When might you decline an instruction
not competent
conflict of interest
professional indemnity does not cover works
client is on the UK government sanctions list