Terms and Conditions & Client Care 
These terms and conditions set out the basis upon which this firm will undertake work on your behalf, and in particular provide you with information regarding costs and relating expenses and regarding the persons in this office having conduct matters on your behalf. Any variation of these terms for this or any subsequent matter will be notified to you in writing.
Our aim
We aim to offer our clients quality legal advice with a personal service at a fair cost. As a start, we hope it is helpful to you to set out in this statement the basis on which we will provide our professional services.
Our commitment to you
We will:
- REPRESENT your interests and keep your business confidential.
- EXPLAIN to you the legal work which may be required and the prospects of a successful outcome.
- MAKE SURE that you understand the likely degree of financial risk which you will be taking on.
- ADVISE YOU as to costs
- KEEP YOU regularly informed of progress or, if there is none, when you are next likely to hear from us.
- TRY to avoid using technical legal language when writing to you - tell us when we fail in this aim!
- DEAL with your queries promptly, for example, we will always try to return your telephone calls on the same day.
Our hours of business
- The normal hours of opening at our offices are 9.00am to 1:00pm and 2:00pm to 5.00pm on weekdays, but you will be supplied with the direct line and email address of the fee earner with conduct of the matter and you are encouraged to use these where possible and to leave email or voice mail messages if the fee earner is not immediately available. Appointments can be arranged out of normal office hours when essential.
People responsible for your work
- You will be notified of the person with conduct of the proposed transaction and where appropriate the Partner with supervisory responsibility when we commence work on your instructions. We will notify you in writing of any changes.
Charges and expenses
- Our charges will be calculated mainly by reference to the time actually spent by the Solicitors in respect of any work which he / she does on your behalf, and a corresponding hourly rate. This will include meetings with you and perhaps others, reading and working on papers, correspondence, including telephone calls, e-mails, preparation of any detailed costs calculations, and time spent travelling away from the office when this is necessary. From time to time we may arrange for some of this work to be carried out by persons not directly employed by this firm, such as barristers.
- Routine letters and emails out are charged as 6 minute units of time and we charge for the time spent on making and taking telephone calls in 6 minute units. Time spent considering incoming letters is charged at units of 3 minutes per page.
- The firm's hourly rates have to be reviewed periodically to reflect increases in overhead costs and inflation. Normally the rates are reviewed with effect from 1 April each year. When we begin work on your behalf, we will inform you of the hourly rate in force at that time for the level of fee earner acting on your behalf. Our hourly charging rate will vary depending on whether your file is being attended to by a Partner, an Associate, an Assistant Solicitor or a Trainee Solicitor. If a review is carried out before your matter has been concluded, we will inform you of any variation in the rate before it takes effect.
- In addition to the time spent, we may take into account a number of factors including any need to carry out work outside our normal office hours, the complexity of the issues, the speed at which action has to be taken, any particularly specialist expertise which the case may demand. In particular, in property transactions, in the administration of estates and in matters involving a substantial financial value or benefit to a client, a charge reflecting, for example, the price of the property, the size of the estate, or the value of the financial benefit may be considered. It is not always possible to indicate how these aspects may arise but on present information we would expect them to be sufficiently taken into account in the rates which we have quoted. Where a charge reflecting any value element is to be added we will explain this to you.
- In certain circumstances we may supply you with a fixed estimate, subject to the matter progressing without undue delay or complication. In other cases, at the commencement of each transaction, our initial letter will set out a best estimate of the likely charges involved.
- Solicitors have to pay out various other expenses on behalf of clients ranging from Land or Probate Registry fees, to court fees, experts' fees, and so on. We have no obligation to make such payments unless you have provided us with the funds for that purpose. VAT is payable on certain expenses.
- If, for any reason, this matter does not proceed to completion, we will be entitled to charge you for work done and expenses incurred.
Payment arrangements
- Property transactions. We will normally send you our bill following exchange of contracts and payment is required on a purchase prior to completion; and at completion; on a sale. If sufficient funds are available on completion, and we have sent you a bill, we will deduct our charges and expenses from the funds.
- Administration of estates. We will normally submit an interim bill at regular stages during the administration, starting with the obtaining of a Grant. The final account will be prepared when the Estate Accounts are ready for approval.
- Other cases or transactions. It is normal practice to ask clients to pay sums of money from time to time on account of the charges and expenses which are expected in the following weeks or months. We find that this helps clients in budgeting for costs as well as keeping them informed of the legal expenses which are being incurred. If such requests are not met with prompt payment, delay in the progress of a case may result. In the unlikely event of any bill or request for payment not being met, this firm must reserve the right to stop acting for you further.
- Payment is due to us within 28 days of our sending you a bill. Interest will be charged on a daily basis at 4% over Barclays Bank plc base rate from time to time from the date of the bill in cases where payment is not made within 28 days of delivery by us of the bill.
Other parties’ charges and expenses
- In some cases a client may be entitled to payment of costs by some other person. It is important that you understand that in such circumstances, the other person may not be required to pay all the charges and expenses which you incur with us and it will nevertheless remain your responsibility to pay our costs. Any amounts which can be recovered will be a contribution towards them. If the other party is in receipt of legal aid no costs are likely to be recovered.
- If you are successful and a court orders another party to pay some or all of your charges and expenses, interest can be claimed on them from the other party from the date of the court order. We will account to you for such interest to the extent that you have paid our charges or expenses on account, but we are entitled to the rest of that interest.
- You will also be responsible for paying our charges and expenses of seeking to recover any costs that the court orders the other party to pay to you.
- A client who is unsuccessful in a court case may be ordered to pay the other party's legal charges and expenses. That money would be payable in addition to our charges and expenses. Arrangements can be made to take out insurance to cover liability for such legal expenses. Please discuss this with us if you are interested in this possibility.
Interest payment
- Any money received on your behalf will be held in our Client Account. Subject to certain minimum amounts and periods of time set out in the Solicitors' Accounts Rules 1998, interest will be calculated and paid to you at the rate from time to time payable on Barclays Bank plc Designated Client Accounts. The period for which interest will be paid will normally run from the date(s) on which cleared funds are received by us until the date(s) of issue of any cheque(s) from our Client Account.
- Where a client obtains borrowing from a lender in a property transaction, we will ask the lender to arrange that the loan cheque is received by us a minimum of four working days prior to the completion date. If the money can be telegraphed, we will request that we receive it the day before completion. This will enable us to ensure that the necessary funds are available in time for completion. Such clients need to be aware that the lender may charge interest from the date of issue of their loan cheque or the telegraphing of the payment.
Storage of papers and documents
- After completing the work, we are entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. In addition, we will keep your file of papers for you in storage for not less than one year. After that, storage is on the clear understanding that we have the right to destroy it after such period as we consider reasonable or to make a charge for storage if we ask you to collect your papers and you fail to do so. We will not of course destroy any documents such as Wills, Deeds, and other securities, which you ask us to hold in safe custody. No charge will be made to you for such storage unless prior notice in writing is given to you of a charge to be made from a future date which may be specified in that notice.
- If we retrieve papers or documents from storage in relation to continuing or new instructions to act in connection with your affairs, we will not normally charge for such retrieval. However, we may make a charge based on time spent for producing stored papers or documents to you or another at your request. We may also charge for reading, correspondence or other work necessary to comply with your instructions.
Termination
- You may terminate your instructions to us in writing at any time but we will be entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. If at any stage you do not wish us to continue doing work and/or incurring charges and expenses on your behalf, you must tell us this clearly in writing.
- If we decide to stop acting for you, for example if you do not pay an interim bill or comply with the request for a payment on account, we will tell you the reason and give you notice in writing.
- Under the Consumer Protection (Distance Selling) Regulations 2000, for some non-business instructions, you may have the right to withdraw, without charge, within seven working days of the date on which you asked us to act for you. However, if we start work with your consent within that period, you lose that right to withdraw. Your acceptance of these Terms and Conditions of Business will amount to such a consent. If you seek to withdraw instructions, you should give notice by telephone, e-mail or letter to the person named in these Terms of Business as being responsible for your work. The Regulations require us to inform you that the work involved is likely to take more than 30 days.
Limited companies
- When accepting instructions to act on behalf of a limited company, we may require a Director and/or controlling shareholder to sign a form of personal guarantee in respect of the charges and expenses of this firm. If such a request is refused, we will be entitled to stop acting and to require immediate payment of our charges on an hourly basis and expenses as set out earlier.
Tax advice
- Any work that we do for you may involve tax implications or necessitate the consideration of tax planning strategies. We may not be qualified to advise you on the tax implications of a transaction that you instruct us to carry out, or the likelihood of them arising. If you have any concerns in this respect, please raise them with us immediately. If we can undertake the research necessary to resolve the issue, we will do so and advise you accordingly. If we cannot, we may be able to identify a source of assistance for you.
Identity and disclosure requirements
- We are entitled to refuse to act for you if you fail to supply appropriate proof of identity for yourself or for any principal whom you may represent.
- Solicitors are not allowed to disclose information about a client's affairs without the client's authority. By agreeing to these Terms and Conditions of Business you authorise us to disclose to the other parties in the transaction and, if applicable, to all other parties in the chain of transactions and their agents and advisers, all information which we have in relation to your involvement in the transaction including any related sale or mortgage and other financial arrangements and wishes as to dates for exchange and completion. You may withdraw this authority at any time but if you do so you should appreciate that we will inform the other party or parties and their agents or advisers that this authority has been withdrawn.
- We will not be liable for any loss, damage or delay arising out of the firm's compliance with any statutory or regulatory requirement.
Communication between you and us
- Our aim is to offer all our clients an efficient and effective service at all times. We hope that you will be pleased with the work we do for you. However, should there be any aspect of our service with which you are unhappy, please raise your concern in the first place with the member of our team who has day to day conduct of your file. If you still have queries or concerns, please refer to our complaints procedure below.
- We will aim to communicate with you by such a method as you may request. We may need to virus check disks or e-mail. Unless you withdraw consent, we will communicate with you and others when appropriate by e-mail or fax but we cannot be responsible for the security of correspondence and documents sent by e-mail or fax.
- The Data Protection Act requires us to advise you that your particulars are held on our database. We may, from time to time, use these details to send you information which we think might be of interest to you.
Limitation of Liability
- Subject to the position in law, this Firm hereby limits its liability under any agreement made between the Firm and the Client to the level of cover required from time to time by the Solicitors' Indemnity Rules (currently £2,000,000) made under S.37 of The Solicitors' Act 1974.
- In so far as it is possible as a matter of law, this Firm hereby excludes all liability to any person, Firm or corporation other than the Client.
Taxation of Costs / Remuneration Certificate
- By virtue of Sections 69 and 70 of The Solicitors Act 1974 in the case of contentious matters (e.g. litigation) the Client is entitled to apply to the Court for an Order that any invoice submitted by this Firm to the Client be taxed by a Taxing Officer of the Supreme Court. There is a time limit of one month from the date of delivery of the relevant invoice within which the Client must, if it so wishes, make an Application for a Taxation Order.
- In the case of an invoice rendered by the Firm to the Client for non-contentious work only (e.g. conveyancing), the Client is entitled, by virtue of Article 3 of The Solicitors Remuneration Order 1972, to require this Firm to obtain a certificate from The Law Society that the sum charged in the relevant invoice is fair and reasonable or, if it is not, what sum is fair and reasonable. There is a time limit of one month within which the Client must, if it so wishes, require this Firm to obtain such a certificate.
Complaints Procedure
- Any concerns the Client has should, in the first instance, be drawn to the attention of the Partner in charge from time to time who has overall responsibility for the matter. In the event that the matter cannot be resolved, such person will explain to the Client the complaints procedure of the Firm from time to time. Such explanation will include identifying the person to whom any further correspondence should be addressed.
Joint and Several / Limited company / Other corporate body
- When two or more persons, firms or companies are Clients of the Firm in respect of the same matter, they shall be jointly and severally liable to the Firm.
- When the Client is a limited company or other corporate body, trust or charity, the director or trustee to whom this letter is addressed hereby gives a personal guarantee, jointly and severally with the company, for payment of any fees, VAT, disbursements or other monies due.
Bank Details
- In the event that we ask you to place us in funds please note that our bank require 5 working days - i.e. a full working week - to clear cheques; alternatively please transfer money directly into our bank account details of which will be provided when required.
Terms and conditions of business
- Unless otherwise agreed, and subject to the application of then current hourly rates, these Terms and Conditions of Business shall apply to any future instructions given by you to this firm.
- Although your continuing instructions in this matter will amount to an acceptance of these Terms and Conditions of Business, we reserve the right not to commence or continue work on your behalf until a hard copy has been returned to us signed by you for us to keep on our file.