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TERMS OF BUSINESS
OUR AIM
We aim to provide an efficient and friendly professional service to our clients, with a view to satisfying their requirements for legal services at a reasonable cost.
THE CONDUCT OF YOUR INSTRUCTIONS
Who will be handling your Business?
The names of the person responsible for your matter and of his or her assistant and secretary are stated in the client care letter. If that person is not available when you call, please ask to speak to any member of his or her team, as they will be familiar with the progress of your business.
The scope of the instructions, which an individual lawyer is able to undertake, may be restricted by his or her specialization. Where the person you contact considers that your interests would be better served by particular work being dealt with by another lawyer he or she will, after discussion with you, refer that work to that other person.
For whom we will Act
We will be acting for our client, as stated in the client care letter. If you are instructing us on behalf of a company, it will be our client, and not you personally. If we have not correctly stated whom you wish to be our client, you should let us know as soon as possible.
We always put our client’s interests first, irrespective of who has agreed to pay our fees. Our retainer is for the benefit of our client alone, and is not intended to benefit any third parties.
Progress of your Business
We aim to keep you informed on a regular basis of any relevant developments, but please feel free to telephone for any information you may require.
Communication of Information
It is most important that the fullest information is available to us, so that we can deal efficiently with your affairs. In litigation matters it may be necessary for us to provide full disclosure of relevant documents even before proceedings are started. Failure to do this may result in you being penalised and having to pay costs to the other side. Therefore please make sure from the outset that you let us have copies of all documents that affect your particular matter and details of any relevant conversations or developments.
At other times in the conduct of litigation it may be that we need to take your instructions urgently, e.g. to take statements or to respond to requests from the other side for information. You might also be required to attend Court from time to time; sometimes with only limited notice. It is essential that you make yourself available to assist us or to provide us with information we seek, as a failure to do so might result in the award of costs against you, even if you are successful in your claim.
We advise you not to discuss any settlement proposals in litigation matters, nor to sign any documents proposed to you, without first consulting us, as such proposals may have more wide-reaching consequences than appear at first sight.
Our preferred method of communication with you and by third parties on your behalf is by email and that by giving us an email address you expressly confirm your agreement to this arrangement and that it is a confidential address. Such messages may contain personal data or confidential or privileged information about your affairs and may not be encrypted. For example, we may request details of your organisations’ borrowing. If you object to our doing so, or require us only to use encrypted messages for your business, please inform the person responsible for the matter.
Communication through the Internet is not completely secure and may lead to the spreading of viruses. We will take all reasonable precautions to prevent the spread of viruses by use of a firewall and virus checking software. We will assume that you take similar precautions, unless you advise us to the contrary.
We do not accept any liability (except as cannot be limited by law) for loss, delay, destruction, interception or contamination arising in connection with any communication sent to you by email.
THIRD PARTY PROFESSIONAL ADVICE
In certain transactions it may be desirable for you to take the advice of another independent adviser, e.g. a surveyor, a doctor, an accountant or a financial adviser. The need will depend on the transaction, but you should bear in mind that most transactions have several facets, and it is wise to make sure that full advice is received on all important aspects. For example, in property transactions the advice of a surveyor will be desirable even where a new or fairly new property is being acquired.
We can advise you when specific third party advice may be needed and we can recommend suitable advisers from our professional contacts.
It is important that any such advice you receive is made known to us, so we can consider its implications for the legal aspects of your case.
EQUAL OPPORTUNITIES
We have an anti-discrimination policy. We shall not discriminate against individuals either directly or indirectly on the grounds of his/her age, sexual orientation, marital status, race, culture or national origins, religion or disability (in the last case where there is no reasonable justification for doing so.) This policy applies to our staff, our clients, and our suppliers.
Problems
Even in the best-run businesses problems occur from time to time. We believe that the effect of problems can be minimized if those involved communicate at an early stage. The first step if you believe there is a problem is to tell us, as we may be unaware of it. The next step is to discuss it, as a quick and economical solution can often be found if a problem is dealt with early enough.
If you suspect that a problem exists, please telephone the person responsible for your matter at once, so that the problem can be discussed and he or she can investigate.
It may be that after such investigation you are still not satisfied. If so, we will then seek to resolve the problem in accordance with our Complaints Procedure. The Client-Service Person at the office dealing with your instructions (whose name is stated in the client care letter) will issue you with a copy of this on receipt of a complaint or on request.
File Storage
When we have completed your work, we will return all important documents to you. You may wish us to continue to hold some documents on your behalf, e.g. deeds and wills. If so, we will place them in our storage facility. Our files will then be archived. We keep files for six years, after which they are destroyed. Deeds and wills are kept indefinitely.
We shall charge you in any of the following circumstances:
if you ask us to store your files for longer than the above period; or
if you ask us to retrieve your file from storage; or
if you ask us to keep for you anything other than deeds or wills.
Evidence of Identity
The Money Laundering Regulations and the Proceeds of Crime Act impose a duly upon us to establish your identity and to record the fact that we have done so. We will ask you to provide evidence of your identity unless you were an existing client when the Regulations came into effect, or you have already done so. We ask you to co-operate with us in this task, but reserve the right to terminate our retainer if you fail to provide such evidence within 28 days of being asked.
Our fees
It is difficult to estimate charges for legal services in advance, because the exact scope of the task may not be known when the request for an estimate is received, and even when it is known the scope of the work and the circumstances can change during the course of a transaction.
Our fees are based on the time required to do the work, but there are a number of other factors which may make a variation to the basic hourly rate appropriate, e.g. the case requires the consideration of complex issues over a relatively short period, the value of the transaction, and its importance to you.
We will charge on one of the following bases:
a variable fee based on the time taken (together with letters and telephone calls) with a variation to the hourly rate depending on complexity, urgency or value of the work; or
a fixed fee (This will only be agreed where the scope and extent of the work are clear from the outset, and will only apply if they do not materially change. Disbursements and VAT will be charged in addition. If a fixed fee is agreed in respect of a matter which subsequently becomes abortive, you will be charged a fee based on the work actually done.).
It may be possible for you to be represented through an insurance scheme which provides for the payment of all or part of your legal expenses or those of the other side. Details will be made available on request.
The fee basis which applies in your case, and any variations, are set out in the client care letter sent to you at the commencement of the matter.
See below for a fuller explanation of how our fees are calculated for different types of work.
Interim Invoices
We may require you to pay for the services you receive on an interim basis as your instructions are carried out. Interim invoicing is essential in order to maintain a healthy cash flow and avoid unnecessary strains on our resources; a factor applicable to all businesses.
Interim invoicing will not normally take place where a fixed or conditional fee is agreed, unless this is part of the arrangement stated in the client care letter (for example a fixed fee may be payable by installments).
Payment of invoices
Our invoices are payable within seven days of the invoice date.
We may deduct the amount of our invoice from money held on your behalf, such as proceeds of sale of property or damages recovered in court proceedings.
Where you chose to pay by credit card, you confirm that you agree to our retaining your credit card details on and that we may utilize those details to process your outstanding accounts. For our part, we will notify you of your costs and will not take payment from your credit card until seven days have elapsed since the date of our bill in the event that you wish to query the same; or you instruct us to take payment of the costs at an earlier date.
Money on Account of Fees and Disbursements
We may ask you for a payment on account before accepting any instructions to carry out significant legal work on your behalf, or before we incur a direct liability to a third party to pay a disbursement for services or goods required in carrying out those instructions, unless the amount involved is trivial. If we do not receive the amount requested within 14 days, we may decline to take any further steps in the transaction.
Sometimes in litigation matters we may need to invoice you for disbursements to be paid to the Court. In some instances failure to pay such an invoice promptly could lead to an adverse result in your case, or even to your case being struck out by the Court.
In any case we will seek your agreement before we incur a disbursement on your behalf.
Photocopying
Routine photocopying is included in the calculation of our hourly expense rates, and will not be charged as a separate disbursement. Where substantial photocopying, colour photocopying or copying of bulky items such as plans is required, we reserve the right to have it done by an outside agency, and to charge the fees incurred as a separate disbursement.
Interest on outstanding Invoices
Invoices that remain unpaid for more than one calendar month from the date of issue shall be subject to interest from then on at the rate applicable to Judgments in the High Court.
HOW OUR FEES ARE CALCULATED
Charging Rates
The Charging Rates applicable to your instructions are shown in the client care letter. Our hourly expense rates are reviewed twice per annum with effect from 1 May and 1 November or upon an increase in the rates permitted by the Courts. If we change them, we will notify you in writing. Subject to your right to withdraw your instructions, the client care letter will then apply as so revised.
Estimates
We will provide you with an estimate of the likely number of hours to be spent in dealing with the matter. If we are charging on a variable or conditional fee basis this will include an approximate estimate of our likely fee, excluding VAT and disbursements.
Our ability to estimate our fees depends on the information we obtain from you as to the elements and circumstances of your instructions, and also on external factors which may arise during the course of the transaction or case. Whilst we hope to gauge the effect of these factors and potential factors, and arrive at an accurate estimate in the light of our experience, any estimate can only be what it says: an estimate.
Unless the estimate is stated to be a “fixed estimate” with no qualification, it can be altered if there are material changes in circumstances or complexities not foreseen initially. If this happens, we will as soon as reasonably possible let you know of any revisions which we then consider necessary. Subject to your right to withdraw your instructions, the revised estimate will then apply instead of the initial estimate.
Your Right to Withdraw your Instructions
If the expenditure shown by the revised estimate is outside the scope of your budget, or for any other reason you feel unable to proceed with the matter, you are always free to ask us to take no further action. This is subject to your paying our proper charges up to that time, and if we have undertaken any obligations to third parties on your behalf, to your fulfilling any responsibilities to those third parties or procuring our release from our undertaking.
Components of our Fees
Solicitors’ charges whether in contentious or non-contentious cases, are subject to control by the Courts. Since the aim of that control is for the charges to be fair and reasonable as between clients and solicitors, it has become somewhat elaborate. It applies to our charges as follows.
Simply, our fees are normally calculated by multiplying the time spent on the matter by the effective hourly rate(s).
The time spent on the matter is the total of (a) all time reasonably spent by the person and assistant dealing with your matter in seeing you, interviewing any third parties or witnesses, drafting and perusing documents, reports, statements etc. and other meetings or hearings (b) traveling and waiting time (c) the time equivalent of correspondence and telephone calls. In calculating the time equivalent of correspondence and telephone calls, all letters whether inward or outward are assessed according to their length and content and telephone calls as to whether they are short or have been specifically timed. Short letters out (one page or less) and short telephone calls (under 6 minutes) are charged at fixed rates.
The effective hourly rate is based on the normal charging rate of the fee earner concerned, but may be varied up or down to reflect the complexity, urgency, importance and other factors.
Where there is a recognisable value or consideration our fee estimate may include a fixed “value factor”, which reflects the skill required and risk attached to dealing with that particular size of matter and the importance of that transaction.
Fee Limits
If we are charging on a time basis, you may in an appropriate case set an upper limit on our fees, and you will not then be liable for more than that limit (plus disbursements and VAT) unless you agree otherwise. If we reach that limit, we will stop any further work and advise you the limit has been reached. You may then set a new limit, or just pay for the work done so far. It will not usually be appropriate to set such a limit in a contentious case once proceedings have been issued, as it may prevent us from taking necessary steps in the proceedings.
Value Added Tax
This firm is registered for VAT under Registration No. 823498116.
COSTS OF LITIGATION
Liability for our Charges
Whatever the outcome of any case in which you may be involved, whether as Claimant or Defendant, you will be responsible for paying the invoices we render in respect of our charges.
Recovery from your Opponent
The Court has a discretion as to the award of the “costs” of proceedings. The general rule is that costs follow the event. The Court must, however, take into account all the circumstances, including the conduct of all the parties, success on some or all of the issues, and any payments into court or any admissible offer. The conduct that may be taken into account includes compliance with pre-action protocols, the refusal to make admissions, and any failure to negotiate or otherwise to comply with the overriding objectives of the Court (which now include saving expense and incurring expense proportionately to the issues involved). The winner’s costs however are the costs which are agreed or allowed by the Court as between the parties. These may well be less than the winner’s solicitor is entitled to receive from the winner. Thus you may not be able to recover in full from the other party the charges we may properly make to you.
Payment of your Opponent’s Costs
In the unhappy event that you lose a case in Court or that some costs are awarded against you even where you win, you will normally be obliged to pay the agreed or assessed costs of your opponent in addition to meeting your liability to us for our charges for acting on your behalf.
INFORMATION CONCERNING ENFORCEMENT OF SOLICITORS’ BILLS
Non-Contentious Work - Notice of Rights under Solicitors’ (Non-Contentious Business) Remuneration Order 1994
You have the right under paragraph (1) of Article 4 of the Solicitors’ (Non-Contentious Business) Remuneration Order 1994 within one month of the receipt of our invoice to require us to obtain a certificate from The Law Society stating that in their opinion the costs charged are fair and reasonable. There are also provisions in Sections 70, 71 and 72 of the Solicitors Act 1974 relating to assessment of costs, which give you the right to have the bill checked by an officer of the High Court.
Contentious Work
There are provisions giving you the right to have our invoice assessed (i.e. checked) by the relevant Court.
Outsourcing
In providing legal services to our clients we may outsource services such as word processing and photocopying. Before we engage the services of such external service providers we ensure that we are satisfied that the provider of those services is able to ensure the confidentiality of any information concerning your matters. This would normally require confidentiality undertakings from the provider and checks to ensure that the terms of the arrangements regarding confidentiality are being complied with. By signing and returning a copy of these Terms of Business you agree that we may use such service providers.
FURTHER INFORMATION
Need further information?
If you require any further information on any matter referred to above, or indeed on any other point, please do not hesitate to contact the person responsible for your matter
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