DISCLAIMER
Whilst every effort has been made to ensure the accuracy of the legal
information contained within this website, individual legal advice should
always be taken before any specific action is taken.
OUR TERMS OF BUSINESS
This is the basis on which we work: SPECIALISATION To give you the best
possible service, all of our lawyers work in teams which concentrate
on particular areas of the law. Your lawyer can call on specialist help
whenever it is needed. You will have received a document called "Keeping
in Touch" which will give specific information about the team dealing
with your work. If you have not received a copy of this, please contact
us as it has important contact information upon it. We will try to avoid
changing the people who handle your work but if this cannot be avoided,
we will tell you promptly of any change and why it may be necessary.
COMMUNICATION
We will let you know regularly how your case is progressing. Whenever
there are material developments at your end, it is important that you
let us know in writing by letter, fax or e-mail. Please quote our reference
on all communications. 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
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.
PROFESSIONAL SAFEGUARDS
As solicitors, we are required to put our client's interests first,
and provide a range of safeguards which are not available elsewhere.
Anything you tell us in confidence is protected. We will not knowingly
act for two people with conflicting interests. You are protected by
the Solicitors' Practice Rules and the Solicitors' Accounts Rules. You
are covered by the professional indemnity insurance that we have in
place (we review every matter to make certain that it is within our
cover) and the Law Society Compensation Fund. We do not make secret
profits from our clients. If your case results in our receiving any
commission of more than £20 (for example, from an insurance broker or
stockbroker) we will account to you for the commission unless you say
we can keep it. Guidelines can be viewed at www.guide.lawsociety.org.uk
INTRODUCERS
Some clients are introduced to us by other organisations. Our advice
is entirely independent and you are free to raise questions on all aspects
of the matter. We will not pass on to the introducer any information
you give us, unless you consent. If we act for the introducer in the
same matter and a conflict of interest arises, we might be obliged to
cease acting.
OUR CHARGING POLICY
Wherever possible, we operate on a fixed fee basis. However, for non-residential
transactions or if the exact nature and extent of the work is not clear
at the outset, it may not be possible to accurately predict a fixed
fee. Our professional rules indicates that we must give you clear information
about costs. This will be included in our initial engagement letter.
If you have not received this please let me know. This may also be the
case where the work turns out to be complex or if you require the transaction
to be expedited outside of our usual procedures. In any of these circumstances,
we shall give you the best indication we can as to our charging rates
and how they are to be calculated. We are always prepared to discuss
a ceiling figure with you and not to exceed it without your agreement.
Please remember: (i) that our legal costs are quoted exclusive of VAT
and disbursements, which we will separately itemise. (ii)Unless we have
agreed something else with you in writing, we shall require payment
of all legal costs and any disbursements before completion of your transaction.
We will require a payment in advance from you in respect of any search
fees payable on your transactions. Solicitors have to pay out various
other expenses on behalf of clients ranging from Land or Probate fees
and so on. We have no obligation to make such payments unless you have
provided us with the funds for that purpose. We refer to such payments
generally as ‘disbursements'. PAYMENT
ARRANGEMENTS
In property transactions we will normally send you our bill following
the exchange of contracts. On a purchase transaction payment is required
prior to completion. On a sale transaction funds will usually be required
on the day of completion. If sufficient funds are available on completion,
and we have sent you a bill, we will deduct our charges and expenses
from the funds. Payment is due to us upon receipt by you of our bill.
We reserve the right to charge interest on a daily basis at 4% over
Lloyds TSB Bank Plc's base rate from time to time from the date of the
bill.
INTEREST PAYMENT
When 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 4 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 charge and expenses.
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 of your papers and documents whilst
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.
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 these 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.
POTENTIAL PROBLEMS
We always try our best, but if you are unhappy about anything please
tell us - so we can put it right. Most problems result from misunderstandings.
So, if there is a problem, please let your lawyer know. If your lawyer
does not resolve it promptly then ask to speak to either their Team
Leader or Departmental Head. In the unlikely event that this does not
resolve your complaint then please contact Graham Smith who is our Professional
Standards Partner, at Lees Lloyd Whitley, Riverside
Park, 1 Southwood Road, Bromborough,
Wirral, CH62
3QX (0151 737
5627 or email gps@llw.co.uk).
TERMS AND CONDITIONS OF BUSINESS
Unless otherwise agreed, 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 one copy of them has been returned
to us for us to keep on our file.