1. General Matters
These terms constitute our agreement to act as your Solicitors on any instructions received from you, unless otherwise agreed in writing by us. The agreement will continue until you/we end it or you/we supersede it, you end your instructions, or you/we end it otherwise.
Attached to these terms is a schedule (“the Schedule”) that contains details specific to your matter. The Schedule forms part of these terms.
If we agree additional and/or revised terms, these will be set out separately in writing by letter, quotation, or revised schedule. If there is any conflict between these standard terms of business and the additional and/or revised terms, the later terms will prevail. We reserve the right to alter the terms of this agreement because of legislative or other changes. We will notify you of the amendments in writing.
This agreement shall be subject to the laws of England and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
2. Conduct of Work
The person responsible for the work carried out in this matter (“Matter”) and their status is set out in the Schedule (“the Responsible Person”). The supervisor of the Responsible Person is set out in the Schedule (“the Responsible Partner”).
The Responsible Person will explain to you the issues in your matter and inform you of progress. It is an important part of their duty to advise you from time to time on whether the likely outcome of your case will justify the likely charges, expenses and the risk involved. He/she will endeavour to communicate with you about your matter. This will include sending out copy correspondence and documents. He/she will check these very carefully. It is important that you read all correspondence and documents received and raise any questions about correspondence and documents received.
The Firm will try hard to avoid changing the people handling your work. If the Firm cannot avoid a change, it will promptly tell you of who will be handling your work and why the change was necessary.
3. Timescale
The Schedule includes a time estimate based on your matter progressing smoothly. Where a matter is straightforward and control of work lies in our hands then the Responsible Person can give a clear estimate. Where a matter is complicated, lengthy and/or progress depends on others then even the most careful timescale may be wrong. The Responsible Person will endeavour to keep you informed of the timescale throughout this matter, but please remember the difficulties mentioned. Do not make arrangements based on the estimate without checking with him/her whether it is safe or sensible to do so.
In this matter, you may have to do some action. The Responsible Person shall clearly tell you what is required. Please undertake the action properly and promptly.
4. Charges and Expenses
The firms charges are based on the time spent dealing with your matter. Time spent includes:
The firm’s charges will consist of three elements:
A. The rate for the Responsible Person’s time;
The Firm will charge an hourly rate for all time spent on your matter. This rate is set out in the Schedule. The Firm charges routine letters and telephone calls (made and received) as units of six minutes. The charge for routine letters received is in units of three minutes. The charge for other letters and telephone calls will be on a time spent basis. The Firm reviews its charging rates every January to take account of changes in overhead costs. The Responsible Person will notify you in writing of any increase in charges.
B. Value Added Tax
The Responsible Person must add value-added tax (“VAT”) to the charges with each bill. At present, the rate of VAT is 17.5%.
C. Expenses.
It may be necessary to pay for expenses (often called “disbursements”). For example: court fees, company searches, valuations, copy statements, etc. The Responsible Person will tell you in advance the amount and reason for any expense. You must pay any necessary expense before the Firm incurs the cost. Any likely expenses at the outset are set out in the Schedule.
We charge in accordance with the prescribed rates as agreed from time to time and reviewed annually between The Hampshire Incorporated Law Society and the District Judges of the Eastern Group of the Western Circuit as notified by us to you in writing.
5. Payment on Account
It is normal to ask clients to pay money on account of charges and any likely expenses at the outset. This helps avoid delay in the progress of your matter. The Responsible Person will request further payments on account as the matter progresses. Any amount paid on account shall be offset against your bill, but our total bill may exceed the advance payments made. The initial payment on account is set out in the Schedule.
Clients find it helpful to pay money on account by Standing Order. An estimate for a monthly contribution is set out in the Schedule. The Responsible Person bases the estimate on a sensible assessment of your matter, although you are welcome to pay more. There is attached a standing order form that you may wish to complete and return, should this form of payment be attractive to you.
If you pay by standing order and there is a credit due to you at the end of your matter, the Firm will repay it immediately. If you owe money at the end of your matter, subject to the size of the amount due, the Firm will generally accept the discharge of the balance by the standing order.
If you do not use the standing order facility, then we are sure that you understand that the Firm is not a lending agency and the amount due is payable in full.
6. How to Pay
You can settle your bill by payment in cash, cheque or direct funds transfer into the firm’s Client Account. Please note we do not accept cash sums over £5,000 and will not accept any payment direct into our Client Account in cash sums over £5,000.
7. Billing Arrangements
To help you budget, the Responsible Person will send you an interim bill every three months while your matter is in progress. They will send you a final bill when your matter is complete.
Unless you have a standing order, payment of all bills is due within 28 days of the date of each bill. The Firm will charge interest on the bill at 4% above the Royal Bank of Scotland base rate from the date on which the bill is due if you do not pay your bill within this time. The Firm will charge interest on a daily basis.
If you have any query about your bill, you should contact the Responsible Person straight away.
8. Cost Estimate
An estimate of the total charges and expenses in dealing with your matter is set out in the Schedule. This is not a fixed estimate. The Responsible Person will endeavour to review it every three months.
The Responsible Person will keep you informed of any unforeseen additional work, as it becomes necessary. This may include, for example, unexpected difficulties or a significant change during the course of your matter. He/she will also tell you of what impact any unforeseen work has on the estimated cost before incurring extra charges and expenses.
If, for any reason, your matter does not proceed to completion, the Responsible Person will charge you for work done and any expenses incurred.
You may limit the charges and expenses incurred. This means that you must pay up to the agreed limit without needing the Responsible Person to refer back to you. He/she will inform you when it appears that costs will exceed the limit. He/she will not go over the limit without your consent.
9. Commissions
We will disclose to you all commissions earned by us in relation to your instructions and except where we agree otherwise in writing, we shall keep the commission.
If any commission we earn becomes repayable through claw-back for whatever reason, we are entitled to reimbursement from you for the amount repayable.
10. Payment of Interest
Under with the Solicitors Accounts Rules 1998 you are entitled to interest on monies standing to your credit on client account with this firm. The minimum figure upon which interest is payable is:
We shall account to you for interest upon sums over £20000 held for less than one week if having taken into account all the circumstances we consider it fair and equitable to do so.
We will calculate interest according to the Solicitors Accounts Rules 1998. If the amount is outside those rules, we will calculate interest at the rate available to us for the amount less, for each interest amount when calculated, a fee of £20 to cover administration costs.
Notwithstanding the above unless agreed with you in writing we shall retain interest received on monies standing to your credit on client account in your name with this firm.
The Firm does not pay interest on payments on account made by monthly standing order.
11. Other Party’s Charges and Expenses
It is important for you to understand that you alone are responsible for paying the bills. It is possible that the other party will be ordered to pay your charges and expenses, but:
If any of the above occur, you will have to pay the balance of our charges and expenses.
If you are successful and the Court orders the other 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 order. The Firm will account to you for such interest if you have paid the firm’s charges and expenses on account, but we are entitled to the rest of that interest.
You will also be responsible for paying the charges and expenses of seeking to recover any charges and expenses that the Court orders the other party to pay.
In some circumstances, the Court may order you to pay the other party’s legal charges and expenses. This may be at the end or during the matter. This may happen if, for example, you lose the case, or part of it. The money due to the other party is in addition to the firm’s charges and expenses. You may have insurance to cover our charges and expenses and your liability for the other party’s charges and expenses. If not, in some circumstances it would be advisable for you to have insurance to meet the other party’s charges and expenses. The Responsible Person can advise further on this issue.
12. Proceeds of Crime Act 2002
As Solicitors, we have an absolute obligation under the Proceeds of Crime Act 2002 to report to the National Criminal Intelligence Service (NCIS) any knowledge or suspicion relating to or incidental to involvement or association with the Proceeds of Crime (including tax evasion or benefit fraud) and are precluded by law of informing you of the intention to do so until seven days after such report. In the event of such a report being made whether appropriately or not, there shall be no liability to this Firm and in no circumstances any compensation due or payable
13. Money Laundering Regulations 2003
We are required to make compulsory identity checks of our clients in order to prevent us from handling the proceeds of crime, either intentionally or unintentionally. Being asked for identification does not mean you are under suspicion. You will need to show us at least two pieces of identification, at least one piece of evidence must include your full address and postcode.
If you are a corporate client (i.e. a UK limited company) we shall need the above personal identification from at least two directors of the company. If you are a partnership or LLP, we shall need the above personal identification from at least two partners together with satisfactory evidence of trading addresses. If you do not have these documents, you will need to best prove who you are, but if you cannot provide satisfactory evidence, we reserve the right to refuse to act for you. We shall retain copies of all personal identity for a period of five years.
Notwithstanding client privilege rules, it is a requirement to notify any irregularities we consider fit to the National Criminal Intelligence Service (NCIS). In the event of a report being made, whether appropriately or not, there shall be no liability to this Firm and in no circumstances will compensation become due and payable.
In order to comply with the Money Laundering Regulations we shall carry out any independent checks and searches at our discretion including company searches, and you will be responsible for payment of any such disbursements incurred.
14. Storage of Papers and Documents
The Firm is entitled to keep all of your papers and documents while there is money owing for its charges and expenses.
After completing the work and upon full payment of charges and expenses, the Firm will keep your file except for any papers returned to you. The Firm will store the file for the period set out in the Schedule on the understanding that it has the authority to destroy it on the stated anniversary of the final bill date. We will usually raise a surcharge with a flat fee of £25 plus vat and for bulkier files that will increase to a maximum of £75 plus vat. The Firm will not destroy any documents that you request the Firm to deposit in safekeeping.
There is no charge for retrieving papers or documents from storage for continuing or new instructions concerning your affairs. However, there will be a time-based charge for:
The flat fee in any event will be £25 plus vat.
15. Liability
The Firm shall not in any circumstances be liable to you whether in contract, tort or otherwise, for any special, consequential or indirect loss, damage, injury, cost or expenses howsoever arising and of whatsoever nature.
The firm’s total liability (whether in contract, tort or otherwise) under or in connection with any or all instructions received from you shall not in any circumstances exceed £1m.
16. Termination
You may end your instructions to us in writing at any time. The Firm is entitled to keep all of your papers and documents while charges and expenses remain unpaid.
In some circumstances, you may consider that the Responsible Person ought to stop acting for you. For example, if you cannot give clear or proper instructions on how we are to proceed, or if you have lost confidence in how the Responsible Person is carrying out your work.
The Firm may decide to stop acting for you only with good reason. For example, if you do not pay an interim bill or comply with a request for a payment on account. The Firm must give you reasonable notice that it will stop acting for you.
If you or the Firm decide that the Firm will no longer act for you, you will pay charges and expenses as set out above.
17. Communication
We are confident of providing you with a high quality service in all respects. If you have any queries or concerns about our work for you, please raise them with the Responsible Person. If he/she cannot resolve the problem to your satisfaction or you would prefer not to speak to them, please contact the firm’s client-care partner, Mrs Sheila Glyn-Owen.
The Responsible Person must attempt to resolve any problems that arise from their services. It is important that you raise any concerns you may have. The Firm values you and would not wish you to think that you have reason to be unhappy with the service.
Likewise, if you are happy that the Responsible Person has provided you with a high quality service then the Senior Partner, Mr Howard Gardener, would like to know.
18. Conclusion
Your continued instructions in this matter will amount to your acceptance of these terms of business. Even so, we ask you to sign and date the copy of these terms and return it immediately. We can then be confident that you understand the basis upon which the Responsible Person will act for you.
We hope that these terms address your immediate queries about the handling of your matter and the terms of business.