Sarginsons Hughes & Masser
Terms and Conditions of Business
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 if legal aid might be available to you.
- 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.
- 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 between 9.00 am and 1.00pm and 2.00 pm to 5.15pm on weekdays.
Charges and Expenses
Our charges will be calculated mainly by reference to the time actually spent by the person acting for you in respect of any work which they do on your behalf. This will include meetings with you and others, reading and working on papers, correspondence, including 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. You will be charged at rates not greater than those set out below.
Routine letters 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 and considering incoming letters at units of 3 minutes per page.
The current hourly rates are set out below. We will add VAT to these at the rate that applies when the work is done. At present, VAT is 17.5%.
Partners £150.00
Solicitors £125.00
Fellows of the Institute of Legal Executives £115.00
Executives £100.00
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.
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. We refer to such payments generally as ‘disbursements'.
If, for any reason, this matter does not proceed to completion, we will be entitled to charge you for work done and expenses incurred.
We will inform you if any additional unforeseen work becomes necessary - for example, unexpected difficulties or if your requirements or the circumstances change significantly during the matter. We will also inform you of the estimated cost of the additional work before you incur extra costs. We will attempt to agree an amended charge with you. If we cannot reach agreement, we will do no further work and charge you on an hourly basis for work to date.
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 Allied Irish Bank plc's 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 and transactions 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. You have to pay our charges and expenses in the first place and 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 Allied Irish Bank plc's Designated Client Accounts. The period for which interest will be paid will normally run from the date on which funds are received by us until the date of issue of any cheque 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.
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. You will pay for expenses together with our charges on a time spent basis as set out earlier.
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.
We expect to receive instructions from your lenders to act their behalf. If so, we will have to pass them information you give us that might be relevant to their decision whether to finance the purchase. If you tell us things that you do not want the lender to know and they are relevant to the lenders, we may have to stop acting for the lenders and possibly also for you.
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 are not 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 you must seek advice from an appropriate tax expert.
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 signing this Terms and Conditions of Business and returning it to us 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. Our clients and our staff are of first importance to us. 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 person conducting your matter. If you still have queries or concerns, please contact our client care partner, Mr Simon Booth. Alternatively you may contact Mrs Lynne Robson, the practice manager, who is responsible for tracking the progress of complaints. You will be sent details of this firm's complaints procedure together with a complaint report form.
Whenever there are material developments at your end, it is important that you communicate them to us. Please quote our reference on all correspondence. If you wish to have a meeting with us, please first telephone for an appointment.
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.
Insurance mediation activities
This firm is not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register.
Business Status
In the event that we convert to a Limited Liability Partnership you agree that we may assign the benefits subject to the burden of burdens of this contract.
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, it may not be possible for us to start work on your behalf until Receipt and Acceptance Form has been returned to us.