TERMS AND CONDITIONS OF BUSINESS

 

1. THE PEOPLE RESPONSIBLE FOR YOUR WORK

 

We will identify the solicitor who will have overall responsibility for the work carried out on your matter but other fee earners may from time to time assist when your solicitor is away from the office or if it is appropriate in the circumstances of your matter for parts of the work to be delegated. Your solicitor's secretary will be familiar with your matter and will be able to check progress on it and take messages.

 

If your solicitor is not able to continue to retain responsibility for your file we will write to let you know who is to have responsibility and why the change was necessary.

 

People who work within our Commercial Department include Duncan Reid and Paul Ingram, Commercial Law Partners; and Lowri Rees, Commercial Law Solicitor: Anne Smith a Partner specialising in Employment Law and Commercial Litigation and Huw Williams, a Partner specialising in Regulatory and Compliance issues.

 

People who work within our Family Department include Sonia Bowen who is a Partner and Ruth Harris who is a Legal Executive. Please note that some of the work may be carried out by these people. You should contact them if you have any queries.

 

People who work within our Civil Litigation Department include Anne Smith, who is a Partner; Huw Williams, who is a Partner; Legal Executive Ruth Harris and trainee solicitor Charlotte Powell.

 

People who work within our Criminal Department include Partners Huw Williams (Solicitor Advocate, Higher Courts – Criminal) and Anne Smith.

 

People who work within our Employment Department are Anne Smith, a Partner specialising in Employment Law and Huw Williams, who is also a Partner.

 

The Wills, Gifts and Tax Planning Department is headed by Alun Jones and supported by David Bruce and Paul Ingram .

 

People who work within the Probate Department include Solicitors David Bruce and Paul Ingram who specialise in probate and administration.

 

People who work within our Conveyancing Department include Partners Alun Jones and Paul Ingram; Solicitor Lowri Rees and Senior Partner Duncan Reid, all of whom specialise in conveyancing. Diane Ellis will be dealing with the firm's remortgages but if she is not available then Alun Jones or Paul Ingram should be able to assist with your enquiries.

 

2. OUR CONTRACT WITH YOU

 

These terms of business form the basis of our contract with you. If you have any queries on the terms please contact the person dealing with your matter immediately. You are requested to sign and return the copy supplied of this letter but if you do not do so and you continue to instruct us in the matter, this will amount to acceptance of these terms. Unless otherwise agreed they will remain in force and apply to any future matters on which you instruct us.

 

You may terminate your contract with us at any stage by writing to us and although you will remain responsible for costs and expenses incurred before that date, the contract between us in respect of the matter, will end.

 

3. IDENTITY AND MONEY- LAUNDERING REGULATIONS

 

All new clients of the firm and those clients who last instructed us on a matter over ten years ago, now have to supply a means of personal identity and residential identity at the start of a new matter. This means we will need to physically see you together with

 

1. Proof of your identity

•  your original Passport or

•  your Driving Licence which bears your photograph

 

2. Proof of your address

•  a Utility Bill (less than 4 months old) or

•  Bank Statement or

•  Social Security Benefit Book, etc.

 

These documents will be scanned and immediately returned to you.

 

Please also provide us with your:

•  National Insurance Number and

•  Date of birth

We are unable to accept payments from anyone in cash for whatever purpose above £500.00. Cheques should be made payable to “Harrisons Solicitors” and will need to reach us at least 6 clear working days before the monies are to be used to allow for bank clearance. Bank Transfers can be made to our client account, details of which can be provided upon request.

 

The law and regulations relating to money-laundering mean that where a financial transaction has to be reported to the National Criminal Investigation Service, a delay may occur in the process or in completion of the transaction, which we are not, by law, allowed to explain. These occasions are likely to be extremely rare, but should one occur in your matter, our liability to you or to any third party for loss or damage however it arises because of this delay, is specifically excluded from our relationship with you both in contract and in tort.

 

4. LEGAL ADVICE AND ASSISTANCE

 

If you have already signed the Legal Help form this initially enables us to undertake up to a number of hours' work on your behalf in preparation of your matter depending on the nature of your case; in divorce cases where the petition has been drafted this is a maximum of 3 hours. Our fees will be paid by the Legal Services Commission (LSC) If the circumstances of your case demand, it may be possible to extend the financial limits on my fees to a maximum of £500 plus VAT.

 

This does not usually cover the cost of attending court and full Public Funding will be required for this. Legal Help is also subject to the statutory charge which is explained below.

 

5. FAMILY WORK

 

Each person charges at an hourly rate. The current hourly rates allowed by the LSC are set out below and are exclusive of VAT which will be added to the bill at the current rate.

 

FAMILY WORK GENERAL PROCEEDINGS

CARE ONLY

 

Attendances and Preparation £64.90 p/h

Advocacy £71.50 p/h

Attendances with Counsel £36.30 p/h

Travel & Waiting £32.45 p/h

Standard Letters £4.10 p/l

Standard Letters Received £2.05 p/l

Standard Telephone Calls £4.10 p/c

 

 

FAMILY MAGISTRATES PROCEEDINGS NON-CARE

 

Attendances and Preparation £48.95 p/h

Advocacy £61.90 p/h

Attendances with Counsel £33.30 p/h

Travel & Waiting £27.50 p/h

Standard Letters £3.80 p/l

Standard Letters Received nil p/l

Standard Telephone Calls £3.80 p/c

 

FAMILY PROCEEDINGS

 

Attendances and Preparation £64.80 p/h

Attending Counsel £36.30 p/h

Travel & Waiting £32.45 p/h

Standard Letters Sent £6.15 p/l

Standard Letters Received £3.10 p/l

Standard Telephone Calls £6.15 p/c

 

As an advanced member of the Solicitors Regulation Authority's Family Panel, Sonia Bowen is entitled to a 15% uplift on the above figures.

 

6. CRIMINAL WORK

If you have already signed the CDS2 form this enables us to undertake up to 2 hours' work on your behalf in preparation of your matter. My fees which will be paid by the LSC will be £100.10 plus VAT.

 

This does not cover the cost of attending court and full Public Funding will be required for this.

 

If you are eligible we will have submitted your application for Community Legal Services Funding to the court (with the documentary proof – Crown Court cases only - regarding income and expenditure that you provided or will provide).

 

7. CIVIL WORK

 

The rates applied will depend on whether your matter proceeds in the High Court or the County Court. We can provide you with details upon request.

 

In matters which are litigated either through a court or tribunal we reserve the right to charge the time we spend on your matter at the rates from time-to-time allowed by the court or tribunal in any assessment proceedings therein.

 

The hourly rates mentioned above are reviewed from time to time and you will be notified of any increase in advance if it affects you.

 

8. GENERAL

 

During the time you are in receipt of Public Funding the LSC will be responsible for paying all expenditure you authorise us to incur on your behalf in this matter.

 

We will let you know what expenditure your case is likely to require from the outset as it is our standard practice to obtain monies from clients in advance to cover these payments.

 

If you are in receipt of Community Legal Services Funding our costs are the responsibility of the LSC and not yourself. Our bill to the LSC will be based on Public Funding rates shown above. You will have an interest in this bill if you have paid a contribution to your Public Funding or if the statutory charge applies. These are explained later.

 

Once you are granted Public Funding, you have a duty to disclose any change in your circumstances, including a change of address or financial means. An increase in your financial means during the time you are in receipt of Public Funding may affect your eligibility or the amount of any contribution you have to pay towards the cost of your case.

As soon as any such change occurs you should inform both the LSC and ourselves in writing.

 

You may receive an offer of Public Funding requiring you to pay a contribution towards your legal costs. We will discuss at the time whether you should accept the offer. However, it is important that any contribution is paid promptly to the LSC. Failure to do so may result in Public Funding being revoked or discharged (see below).

 

If you are granted Public Funding it will only cover those costs incurred on your behalf and does not cover any costs which may be ordered against you. It is unusual for costs to be awarded against a legally aided person but, if you do lose, the court does have the power to make an order for costs against you. You will be responsible for paying any such costs.

 

If for any reason your certificate is revoked you will be required to pay some or all of the costs incurred in preparing your case up until the date your certificate is revoked. This includes the situation where you have received emergency Public Funding but your full application for Public Funding is refused.

 

If for any reason your certificate is discharged you will have to pay the costs of your case from the date of discharge.

 

9. THE STATUTORY CHARGE

 

We have already explained to you the effects of what is known as the statutory charge. We urge you to read these notes which set out the details in writing.

 

If we recover or preserve money or property for you (either as a result of settling the case outside court or as a result of a court order), the LSC will require some or all of your legal costs including Legal Help form assistance to be deducted from this. This deduction is known as the statutory charge.

 

The amount that will be deducted will depend on the amount your opponent is ordered to pay towards your costs. The amount of costs recovered from an opponent will rarely cover the entire costs of the case and the LSC is entitled to deduct the difference from your settlement.

 

Where certificates are granted for ancillary relief in matrimonial cases the first £3,000.00 of the settlement or any periodic payments ordered are not subject to the statutory charge.

 

Alternatively, if the property in question is a house or you wish to use the money you recover to buy a house then the LSC may agree not to insist on repayment until the home is sold. Interest will be added to the costs until they are paid back. The LSC may agree to transfer the charge to another property should you subsequently wish to move.

 

10. COURT PROCEEDINGS

 

Unless you are in receipt of Public Funding you are responsible or paying all charges made by this firm and any additional expenses no matter what the outcome of your case.

 

HOWEVER:

 

IN CIVIL CASES WHERE YOUR CLAIMS ARE WORTH MORE THAN £5,000 (OR £1,000 IN PERSONAL INJURY CASES) GENERALLY IF YOU LOSE YOUR CASE : You may be ordered by the court to pay your opponents costs and expenses. This is in addition to paying our fees and expenses.

 

If you are in receipt of Public Funding the court will not generally make such an order against you unless there are special circumstances.

 

GENERALLY IF YOU WIN YOUR CASE : The court may order your opponent to pay your costs and expenses. Even then it is unlikely that the court will order your opponent to pay all of your costs.

 

Our fees and costs are therefore likely to be more than the expenses and costs that you recover from your opponent. You will still be responsible for our full fees at the rates shown above whether you win or lose an action and no matter what costs order the court makes. A court order for costs against your opponent operates as a reimbursement to you and only helps you to the extent that those costs are actually recovered from your opponent. You should note that your opponent may not be able to pay you.

 

If your opponent was in receipt of Community Services Legal Funding it is unlikely that you will be permitted by the court to recover any of your costs from your opponent.

 

IF YOUR CLAIMS ARE WORTH LESS THAN £5,000 (OR £1,000 IN PERSONAL INJURY CASES)

 

If the value of your claims is less than the above figures you will not be able to recover your costs from the other side unless they have behaved unreasonably.

 

If YOU WITHDRAW FROM THE PROCEEDINGS

 

If you are a party to the proceedings and you decide at any stage to withdraw from the proceedings you may have to pay your opponents costs as well as your own

 

ENFORCEMENT PROCEEDINGS

 

The costs of taking any enforcement proceedings to obtain payment of any monies due under a court order are additional to the costs involved in the proceedings and if publicly funded then your certificate may not cover this additional work

 

11. WHAT TO DO IF YOU ARE DISSATISFIED

 

Please tell the Solicitor dealing with your matter if you feel that you are not receiving the service that you hoped for. We need to know if you are dissatisfied. We will try to put it right and will look into the complaint promptly and thoroughly. Please mention it first to the person looking after your matter. You do not need to put your complaint in writing but can do so if you wish, explaining the action you want us to take. We will then discuss it with you and let you know or write to you as to what we will be doing about it. If you are not satisfied with that response then please speak to our Senior Partner Duncan Reid and raise the problem with him. He will investigate the problem independently of the person dealing with your case.

We will at all times deal with your dissatisfaction in accordance with our complaints handling procedure, a copy of which is available upon request.

 

If you are still not satisfied with the response to that investigation you can get help from the Office for the Supervision of Solicitors and we can supply you with details or one of their leaflets if required.

 

12. LIABILITY

 

Except in respect of claims for death or personal injury resulting from negligence or as otherwise prohibited by law, our liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event or series of related claims or events (including claims based on negligence) shall not exceed £1,000,000.00.

If we correspond with you by e-mail we shall take all reasonable precautions to protect the security of the correspondence. However we do not guarantee the security of e-mails sent or received and will not accept any liability arising out of the use of e-mail in your matter.

 

Under the Data Protection Act 1998 we undertake to hold any personal data relating to you whether supplied by you or by a third party, in accordance with the above Act and the terms of our registration under it.

 

13. ADDITIONAL SERVICES

 

We are happy to store your Deeds and property papers, Wills, Powers of Attorney and other securities in our strongroom or storage facilities and will hold these to your order. We will keep the files of papers relating to matters and transactions (except for any that you ask to be returned to you) for not less than six years on the understanding that we have your authority to destroy the files and those papers after that.

 

Any documents in permanent storage impose on us a cost implication and we can only at present not charge for this service whilst you remain a client of this firm and use our services. Consequently if you do use our strongroom facilities but you or your successors then remove the documents and do not use our services then we reserve the right to charge a fee up to a maximum of £25.00 plus VAT for each year or part of a year from the date when the documents were placed in our custody. If you do not agree with this arrangement please contact us straightaway otherwise we shall assume your acceptance of these terms.

 

If during this transaction you need advice on investments, we may have to refer you to someone who is authorised by the Financial Services Authority. We are 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 the 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.

 

We may, therefore, be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you. We have a panel of independent financial advisors from which we can recommend an advisor who can give you independent and specific advice on issues that arise in your case This may be in matters of life insurance, pensions or the investment of the proceeds of a sale of a property or business or the receipt of damages or settlements from any proceedings in which you have been involved.

 

If you have any problem with the service we have provided for you then please let us know. We will try to resolve any problem quickly and operate an internal complaints handling system to help us to resolve the problem between ourselves. If for any reason we are unable to resolve the problem between us, then we are regulated by The Solicitors Regulation Authority, which also provides a complaints and redress scheme as mentioned above.