1 Definitions
2 Basis of the Retainer
3 Fees & Disbursements
3.1 Basis of Charge
3.2 Non-Contentious Work
3.3 Contentious Work
3.4 General
3.5 Payment
3.6 Legal Aid
4 Client’s Monies
5 Concerns About Our Service
6 Storage of Papers & Deeds
7 Termination
8 Force Majeure
9 Invalidity of Contractual Team
10 Proper Law of the Contract
Terms & Conditions
The following terms and conditions of business apply with effect from the 1st August 2007.
1 Definitions
In these Conditions:-
the “Firm” means Ross Coates Solicitors
the “Client” means the person, firm or company purchasing services from the Firm.
2 Basis of the Retainer
The Firm contracts on the basis of these Conditions only and acceptance by the Firm of any instructions from its Clients shall be upon such Conditions and shall override any other terms and conditions stipulated or incorporated by its Clients in their instructions 9of in any negotiations (save as shall have been expressly agreed in writing by the Firm). No variation or representation will be binding on the Firm unless confirmed in writing by a duly authorised representative of the Firm.
3 Fees & Disbursements
3.1 Basis of Charge
3.1.1 The majority of our conveyancing instructions are carried out on a fixed fee basis. This is fixed at the commencement of each transaction and will not vary and are payable on successful outcome of the transaction. VAT and disbursements will be added as applicable for each transaction. Where such fixed fee has not been agreed, or in cases involving legal work besides Conveyancing, the Firm’s charges will be calculated by reference to the time spent and the seniority of the Solicitor and/or Executive undertaking the business. Currently hourly charging rates fall within the following bands:-
Partners and Solicitors: £160 - £180 per hour
Solicitors and Legal Assistants: £130 - £150 per hour
3.1.2 Hourly charging rates are reviewed annually in August. The Firm will notify its Clients of any change in rates implemented during the course of a Client’s business. In addition Clients will be notified at least every 6 months of the costs incurred.
3.1.3 We accept Credit Card payments of our charges (including VAT) and disbursements but with a 2% surcharge (inclusive of VAT).
3.2 Non–Contentious Work
3.2.1 The Firm’s charges for non-contentious work will be governed by the Solicitors’ (Non-Contentious Business) Remuneration Order 1994 (S.1. 1994 No 2616 (L. 61) which provides for Solicitor’s remuneration to be “fair and reasonable”. A copy will be supplied upon request.
3.2.2 Where non-contentious business is particularly complex or involves substantial value or responsibility there may be an additional element in the fee to reflect this.
3.2.3 The preparation of a Home Information Pack shall be included within these conditions.
3.3 Contentious Work
3.3.1. Following the issue of court proceedings, charges are governed by the Solicitors Act 1974 which provides for the Court in the event of adjudication to decide what charges are reasonable, a procedure known as taxation.
3.3.2 In all other cases prior to the issue of court proceedings, charges are governed by the principals set out in Clause 3.1 above.
3.3.3 If successful in litigation, the Firm’s Clients may be entitled to recover costs from the other party to the proceedings. However, the Court’s taxation of these costs rarely results in a full recovery by the successful Client. In those circumstances Clients are responsible for the payment for any shortfall to the Firm. If the other party is legally aided, no costs are likely to be recovered.
3.3.4 Costs awarded against the other party may attract interest from the date of the Court’s order to the extent that the Client has paid the Firm’s fees and disbursements, the Firm will account to the Client for any interest paid by the other party, but will otherwise be entitled to retain it.
3.3.5 The Client may be liable for his or her own costs even if they are 100% successful.
3.3.6 The amount recovered from the opponent will be taken to discharge the Firm’s costs before being paid to the Client.
3.3.7 If the Client withdraws from the action he or she will be responsible of their own costs as well as those of their opponent.
3.3.8 If the case is funded by an insurer the Firm is under a duty to report the prospects of success and as a result of that report funding may be withdrawn.
3.3.9 A costs order does not mean automatic recovery of the Client’s costs as the opponent may not be able to pay and enforcement proceedings will the cost extra.
3.3.10 The Client is liable for their opponent’s costs in addition to their own costs even if he or she loses.
3.3.11 Where the opponent makes a payment into Court of part of the Client’s claim, if that payment is not accepted and the final judgement is for the same amount or a lesser amount, then the Client will have to pay the opponent’s costs from the date of payment in addition to the Client’s own costs.
3.4 General
3.4.1 If disbursements (including Court fees, Counsel’s fees, fees for medical report. Stamp Duty, search fees and Land Registry fees) are incurred by the Firm on behalf of the Client, they are payable by the Client to the Firm immediately on request. Notwithstanding whether these fees are incorporated in the initial quotation supplied.
3.4.2 In the event that the Client terminates the Firm’s instructions or any reason the business does not proceed to completion then, subject to the expectation referred to above. The Firm will not be entitled to change in accordance with the forgoing provisions for the time spent in dealing with the business.
3.4.3 The Client bears primary liability for the payment of the Firm’s charges and disbursements either in the cases where an order or costs or contractual indemnity has been obtained or it is expected that an order for costs or contractual indemnity will be obtained against another party.
3.4.4 The Client is responsible for payment of the cost of seeking to enforce any Order for Costs or contract for indemnity against another party.
3.4.5 The Firm’s fees attract Value Added Tax at the rate currently applicable.
3.5 Payment
3.5.1 Payment of an invoice is due on presentation unless an extended payment time has been agreed by prior arrangement. The Firm will normally deliver invoices in between exchange or contracts on a Conveyancing transaction or otherwise at intervals or between six and twelve weeks in respect of cases or transactions continuing for more than three months. Disbursements are however, payable to the Firm by the Client pursuant to Condition 3.4.1.
3.5.2 In the case of invoices remaining unpaid for a period of one calendar month or more after the date of presentation, the Firm may change interest to the Client on the amount unpaid, calculated on a daily basis a the statutory rate from time to time in force from the date of delivery of the account without prejudice to any other rights of the Firm. The Firm also reserves the right to recover any reasonable legal or third party fees in connection with the collection of debts due to the Firm.
3.5.3 Payment on or before the due date is of essence of the Contract and in the event of a Client failing to make payment on the due date the Firm reserves the right to decline to act any further.
3.6 Public Funding
3.6.1 In certain cases the Client may be eligible for “Legal Aid” public funding and the Firm will discuss this possibility with the Client whenever appropriate.
3.6.2 Clients entitled to Legal Aid will have to instruct an alternative firm of Solicitors, appropriate details of which will be supplied on request.
4 Client’s Monies
4.1 If the Firm holds money on the Client’s behalf, interest will be paid to the Client in accordance with the Solicitor’s Accounts Rules 1998 (subject to the minimum amount and periods of time therein prescribed) at the rate or rates from time to time recoverable by the Firm from its bankers. The period from which interest will be paid will normally run from the date of payment by the Firm of funds to or on behalf of the Client.
4.2 In the cases where the Firm is to make a payment on behalf of the Client (for instances in a Conveyancing transaction) the Firm requires to be placed in cleared funds at least one day before the proposed date for payment. If payment to the Firm is by cheque is obtaining a loan from a third party, the Firm will request the advanced payment from that third party in accordance with the forgoing. The third party may charge interest from the date of issue of a cheque.
5 Concerns About Our Service
If the Client is dissatisfied with the handling of his or her instructions by the Firm, the Client may register the concern with his or her fee earner. If, following such reference, the Client still remains dissatisfied, the Client may refer the matter to the Firm’s client care manager Mr Ross Coates, who will cause it to be thoroughly investigated and will make a ruling.
6 Storage of Papers & Deeds
6.1 The Firm will, following completion of each matter store the Client’s working papers without charge to the Client for as long as it reasonable considers necessary upon where it will confidentially destroy them. Generally, this will be 6 years after the file is completed.
6.2 The Firm provides a custody service on respect of Wills, Deeds and other securities. A nominal charge will be made for this service. Currently the Charge is £30 + VAT per annum.
6.3 Where stored papers, Wills, Deeds or securities are retrieved from storage by the Firm in connection with continuing or new Instructions to the Firm, a fixed charge will normally be made for such retrieval of £30 + VAT. However, the Firm reserves the right to make a further change in connection with perusal, correspondence or other work necessary to comply with any instructions given by or on behalf of the Client.
6.4 If a client requests a copy of the Deeds or other documentation on the clients file then the firm will charge 10p per sheet subject to a minimum charge of £20 + VAT.
6.5 Without prejudice to any other remedies, the Firm shall have a general right to retain all Deeds, working papers and other property in it’s possession and belonging to the Client until all sums due from the Client to the Firm have been paid in full.
7 Termination
7.1 The Client may terminate his instructions to us in writing at any time but we will be entitled to keep the Client’s papers and documents while there is money owing to the Firm for the Firm’s charges and expenses.
7.2 In some circumstances the Firm may consider that we ought to stop acting for the Client, for example, if the Client cannot give clear or proper instruction on how the Firm is to proceed or if it is clear that the Client has lost confidence to act and to provide the Client with proper independent advice.
The same would apply if it appears to the Firm that there is apparent conflict of interest between the Client and another one of the Firm’s Clients or an error has been made which makes it inappropriate for the Firm to continue to act and to provide the Client with proper independent advice.
7.3 If the Firm decides to stop acting for the Client, the Firm will give the Client reasonable notice of such a decision.
8 Force Majeure
The Firm shall bear no liability for loss, damage howsoever arising caused by circumstances outside its control of whatsoever kind.
9 Invalidity of Contractual Term
If any part of these Conditions is held by nay Court or competent authority as invalid, the validity of the remainder of these conditions and of the remainder of the provisions in question shall not be affected thereby.
10 Proper Law of the Contract
The construction, validity and performance of this contract shall be governed in all respects by the Laws of England.