- Lawyers Inc.
- Terms of Business.
- Excluded Advice.
- Your Duty to Retain and Preserve Documents.
- Client Satisfaction.
- Fixed Fee Services.
- Hourly Rate Services.
- All Services.
- Costs & Funding: Litigation/Contested Matters.
- Storage of Documents and Deeds.
- Financial Services.
- Limitation of Liability.
- Client Money.
- Confidentiality, Privacy & Data Protection.
- Referrals to Third Parties.
- Hours of Business.
- Anti- Money Laundering.
- Equality & Diversity.
- Rights of Third Parties.
- Applicable Law, etc.
- Personal Liability of Directors.
- Outsourcing Work.
The terms of Business contain important provisions that limit the firm’s liability to £5 million.
1. Lawyers Inc.
1.1 Lawyers Incorporated Limited trading as Lawyers Inc. (“the Firm”) is constituted as a Limited Company, registered in England and Wales with Company Number 08127316
(a) Registered Office: Old Docks House, 90 Watery Lane, Preston, PR2 1AU
(b) Phone Number: 0330 111 9728 or 0330 111 2814
(c) Email: email@example.com;
(d) Web Site: www.lawyersinc.org;
(e) Value Added Tax (‘VAT’) number: 178 2537 78.
(f) Authorised and Regulated by the Solicitors Regulation Authority (SRA) under Identity Number: 607719.
1.2 In these Terms of Business all first person terms such as ‘we’, ‘us’ and ‘our’ refer to the Firm and not to any Director, Employee or Consultants personally or to any combination of Director, Employees or Consultants collectively. By entering into this Agreement, you are entering into a contract with the Firm and not with any Director, Employee or Consultant personally or with any combination of Directors, Employees or Consultants collectively.
1.3 We are bound by various professional rules of conduct which can be viewed at www.sra.org.uk or by writing to ‘Solicitors Regulation Authority, The Cube, 199 Wharfside Street, Birmingham, B1 1RN’ or calling the Solicitors Regulation Authority’s contact centre on 0870 606 2555 (inside the UK), 09.00 to 17.00, Monday to Friday.
1.4 The SRA Indemnity Insurance Rules, in force from time to time, require us to take out and maintain Professional Indemnity Insurance with Qualifying Insurers. Information about the compulsory layer of Professional Indemnity Insurance we carry, including the contact details of our insurers and the territorial coverage of our insurance, are available in hard copy at our registered office.
2. Terms of Business
2.1 These Terms of Business may not be varied unless agreed in writing and signed by a Director. They should be read in conjunction with our Client Care Letter which sets out the basis on which we act for you and any documents referred to in that letter. Together these form the ‘Agreement’ between us relating to each matter on which we advise you.
2.2 These terms, including the limits on our liability in clause 14, shall apply to all work done by us for you (and any work to be done in the future) unless we otherwise notify you in writing.
2.3 If any term of this agreement is inconsistent with our legal obligations under the relevant laws then the relevant laws shall apply instead of those terms.
2.4 This is not a contentious business agreement within the provisions of section 59 of the Solicitors Act 1974. The provisions in that Act restricting the right of solicitors to sue for costs and to exclude liability therefore do not apply to our agreement to provide services to you.
3. Excluded Advice
3.1 We do not advise on the laws and regulations of jurisdictions other than England & Wales (which for these purposes includes the law of the European Union as applied in England & Wales).
3.2 Whilst we have a degree of understanding of taxation relevant to an individual or corporate entity or value added tax or other taxation, we are not qualified to give any taxation advice in any form and you should take the professional advice of a taxation accountant or your own accountant. If you authorise us to proceed with the transaction, we will proceed on the basis you have sought appropriate professional advice. If you wish us to help you appoint an appropriate accountant please ask.
3.3 We do not advise on competition law, nor do we provide financial advice generally, or comment upon the commercial viability of any transactions upon which we advise.
4. Your Duty to Retain and Preserve Documents
4.1 If now, or at any time in the future, any matter on which we act for you is the subject of formally contested proceedings, whether in the courts or other tribunals, you will almost certainly have to disclose documents, including electronic documents, relevant to the matter. You should ensure that you do not destroy or allow to be destroyed any documents that relate to such matter in any way (however slight you believe the connection may be), as your position in such proceedings could be seriously compromised if you do so.
5.1 Unless we agree otherwise, all copyright which exists in the documents and other materials that we create whilst carrying out work for you will remain our property. You have the right to use such documents and materials for the purposes for which they are created, but not otherwise.
5.2 If you use such documents for any purpose other than that for which they were created we are not responsible to you for any losses that you may suffer as a result.
5.3 Unless otherwise required by law or court order, you agree not to make our work, documents or materials available to third parties without our prior written permission. Our work is undertaken for your benefit alone and we are not responsible to third parties for any aspect of our professional services or work that you make available to them.
6. Client Satisfaction
6.1 We operate strict client care and quality policies and always aim to provide you with the highest level of legal expertise and to be available, approachable, understandable, prompt and courteous.
6.2 We will keep you informed about all important developments in your case and we will respond to your letters, emails and telephone calls promptly and efficiently.
6.3 The majority of our clients are very happy with the service we provide them, but in the event that you have any cause for concern, including about a bill, then please be aware that you are entitled to make a complaint, and that you can do so by contacting our designated complaints handler, Linda Kirk (telephone 0330 111 9728: . We take all feedback from clients seriously and operate a Complaints Handling Procedure, a copy of which is available upon request.
6.4 We are usually able to deal with any concerns you have promptly and to your satisfaction, but if this is not the case, you will be able to make a complaint to the Legal Ombudsman provided you do so within six months of the end of our internal complaints procedure if you are still not satisfied with the outcome.
6.5 In addition, there are time limits for bringing a complaint to the Legal Ombudsman, linked to the date of the act or omission giving rise to a complaint or the date on which you should reasonably have known there were grounds for a complaint. The relevant time limits are set out in the version of the Legal Ombudsman’s Scheme Rules in force from time to time and may only be extended by the Legal Ombudsman in exceptional circumstances. If you wish to bring a complaint to him, you should refer to the version which is in force at the time of your complaint. The Rules can be accessed at: https://www.legalombudsman.org.uk/information-centre/corporate-publications/scheme-rules/).
6.6 You should also be aware that, when your complaint relates to a bill, the Legal Ombudsman will not consider your complaint while your bill is being assessed by a court.
6.7 A complainant to the Legal Ombudsman must be one of the following:
- An individual;
- A micro-enterprise as defined in European Recommendation 2003/361/EC of 6 May 2003 (broadly, an enterprise with fewer than 10 staff and a turnover or balance sheet value not exceeding €2 million);
- A charity with an annual income less than £1 million;
- A club, association or society with an annual income less than £1 million;
- A trustee of a trust with a net asset value less than £1 million; or a personal representative or the residuary beneficiaries of an estate where a person with a complaint died before referring it to the Legal Ombudsman.
6.8 If you are not, you should be aware that you can only obtain redress by using our Complaints Handling Procedure or by mediation or arbitration, or by taking action through the Courts.
6.9 Legal Ombudsman Contact Details:
- Address: PO Box 6806, Wolverhampton, WV1 9WJ
- Telephone: 0300 555 0333
- Email: firstname.lastname@example.org
- Website: legalombudsman.org.uk
6.10 The Firm is committed to ensuring that all Directors, Consultants and Employees give their full co-operation to the Legal Ombudsman in the event of any dispute or complaint against the Firm.
7. Fixed Fee Services
7.1 Where our Client Care Letter states that we are charging on a fixed fee basis, additional services may be provided on request and (unless otherwise agreed by us in writing) will be charged at our standard hourly rates as set out in our Client Care Letter plus expenses (if any) and VAT.
8. Hourly Rate Services
8.1 Where our Client Care Letter states that we are charging on an hourly basis, the hourly rate varies according to the experience and expertise of the person dealing with the matter. The rates which apply to each matter are set out in our Client Care Letter.
8.2 The time spent on your matter for which you will be charged includes meetings with you and others, travelling, waiting, researching and considering, writing and receiving correspondence, making and receiving telephone calls, preparing and working on documents, and making file notes.
8.3 The time spent on your matter is recorded as units of one tenth of an hour. Therefore, this is the minimum amount of time we will charge for any piece of work undertaken on your matter.
8.4 Once a year, we review our hourly rates. We will notify you in writing of any increase.
8.5 We will add VAT to our fees at the rate that applies when the work is done.
9. All Services
9.1 All expenses which we incur in working on your matter will be payable by you in addition to our fees. Examples of these expenses include but are not limited to Land Registry and Companies House fees; search fees; stamp duty (and similar taxes); fees charged by experts, agents, couriers and barristers; court fees; travel expenses and subsistence; international telephone calls; use of on-line databases; and telegraphic transfer fees. VAT is payable on certain expenses, which you will need to pay in addition.
9.2 If we have provided to you a written estimate of the total charges, it is given only as a guide to assist you in budgeting and should not be regarded as a fixed quotation unless otherwise agreed in writing. We will inform you if any unforeseen – but significant – additional work becomes necessary.
9.3 It is often impossible to tell at the outset what the overall cost of a matter will be. If this is the case we will provide you with as much information as possible at the start and keep you updated as the matter progresses. If a precise figure cannot be given at the outset, we shall explain the reason to you and give you the opportunity to set a ceiling figure beyond which you do not want us to act without your consent or we shall agree a review date with you on which we shall try to give you more information about the likely overall cost.
9.4 We will usually submit bills monthly but may choose to submit bills at other intervals during the course of working on your matter. We may also submit a bill on or at any time after conclusion of the matter or at the end of this Agreement. Unless otherwise agreed, our bills are payable within 28 days of the delivery of the bill. All bills, whenever they are submitted, will be for final bills for the period to which they relate but this does not prevent us from invoicing you for expenses for that period on a subsequent bill.
9.5 We may also ask you at any time to pay money in advance of any fees and expenses being incurred by us (known as ‘payment on account’). If we ask you to make a payment on account, we will not be obliged to undertake any further work on your matter until you have made that payment (and if you do not make the payment we may cease acting for you).
9.6 Where we decide to extend credit to you by carrying out urgent work on your matter after the money you have paid on account has all been used, you agree to remain liable for our fees regardless of whether or not we give you advance notification that we are going to extend credit to you.
9.7 It is your responsibility to tell us when first instructing us if you have any form of insurance cover (such as legal expenses insurance) that you think will pay our fees. You must also tell us when first instructing us if there is a third party who may pay our fees. If a third party agrees to pay all or part of our bills, you will remain responsible to us for payment until those bills have been paid in full.
9.8 If we are advising more than one person (usually individuals, companies or other entities) we will, unless otherwise agreed by us in writing, act for those persons jointly and severally. If we are asked to deliver bills only to one person, those bills will nevertheless be payable in full by all other persons we act for under this agreement.
9.9 If you are instructing us jointly in relation to any matter it is your responsibility to tell us at the outset of the Agreement if you require more than one person to give us instructions in relation to that matter. Otherwise, we will accept instructions from any one person and will not be responsible to any other person for any losses they may suffer as a result.
9.10 If you are a company or other commercial entity it is your responsibility to tell us at the outset of the Agreement if you require more than one Director (or equivalent) to give us instructions.
9.11 Late Payment of Bills
(a) Unless otherwise agreed, our bills are payable within 28 days of the delivery of the bill. If we do not receive payment during this time, we reserve the right to charge you interest thereafter as follows:
(i) If you are a private client, we may charge you interest (on a daily basis) on the unpaid element of the bill (at a rate no higher than the rate payable on judgment debts at the date of this agreement);
(ii) If you are a commercial client, we may charge you interest under the Late Payment of Commercial Debts (Interest) Act 1998 plus a fixed sum under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002;
(b) We may refuse to undertake any further work for you (whether in respect of the matter to which the bill relates or any other matter on which we are acting for you) until that bill is paid and/or we may stop acting for you; and
(c) We may retain any papers or documents belonging to you, together with our own records.
9.12 Should you make a payment by way of cheque or credit card and that payment subsequently not be honoured then we will inform you in writing and request funds be made available for the payment to be re-presented. The Firm reserves the right to charge you a fee for administration and any charge imposed by the bank for re-presenting your payment. Until such time as the payment is cleared into our accounts the provisions of clause 9.11 may apply.
9.13 If you have any queries in respect of any element of a bill, you should still promptly pay all other elements of the bill.
9.14 Where we hold money for you, whether because you have made a payment on account or we otherwise receive funds on your behalf, we may use this money toward payment of our bills. We will always advise you when this is being done. If we take any security for our fees, whether from you or any third party, this shall not affect any rights we have (or which we may have) to retain your papers.
9.15 If you wish to make a complaint about one of our bills, you may do so by using the Firm’s Complaints Procedure (copy available on request). You may also have a right to object to a bill by making a complaint to the Legal Ombudsman and/or applying to the court for an assessment of the bill under part III of the Solicitors Act (1974). The contact details for the Legal Ombudsman can be found at clause 6.9.
10. Costs & Funding: Litigation/Contested Matters
10.1 The Firm recognises the need for flexibility in funding litigation, particularly where there is a possibility that you will have to contribute to the other side’s legal costs and expenses. At the outset we will investigate with you the best way of paying for your legal representation.
11. Storage of Documents and Deeds
11.2 Storage of client files may be provided by third party contractors. IIf you ask us to retrieve documents from storage there is a charge, which is normally £25 plus VAT for each matter, although we will not normally charge that fee if we retrieve documents to enable us to carry our further work for you. We will charge, however, for any work necessary to comply with instructions given by you in connection with retrieved documents. Unless otherwise agreed with you in writing, those charges will be at our hourly rates applicable at the relevant time and those charges will be applied on the same basis as set out in clause 8.
12.1 You may end this agreement (and therefore, your instructions to us) at any time by writing to us by completing the termination slip on the back of this booklet. This slip can either be posted to us or emailed to email@example.com. However we may be entitled to keep all of your documents and deeds while there is money owing to us (including fees and expenses which have not yet been billed).
12.2 For the avoidance of doubt, notice of cancellation will be deemed to have been served as soon as it has been received by us or (in the case of an electronic communication) from the day it was sent to us as long as we have received it.
12.3 We may be entitled to keep all of your documents while there is money owing to us (including fees and expenses which have not yet been billed).
12.4 We may end this agreement (and, therefore, cease acting for you) in relation to any matter or all matters of yours but only on reasonable written notice and for good reason. Examples of a good reason include where you have not given us sufficient instructions, where you have not provided appropriate evidence of identification or we reasonably believe that the relationship between you and us has broken down.
12.5 If your matter does not conclude, or we are prevented from continuing to act because of our legal obligations or our professional rules, we will charge you for any work we have actually done. Our charges will be based on our hourly rates set out in this Agreement (and where a fixed fee has been agreed, the charges will not exceed that fixed fee).
12.6 If we cease acting for you, we shall (where relevant) inform the court or tribunal that we no longer act for you and shall apply to be removed from their records. We may charge you for doing so at our hourly rates applicable at the relevant time and those charges will be applied on the same basis set out in clause 8 and for any expenses which we incur on the same basis – also set out in clause 8.
12.7 If you are an individual consumer (and not a business entity) and we have not met with you, the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013will apply to our agreement. By accepting these terms of business you agree that you would like our service to start before the end of the usual 7 day cancellation period and you agree that your cancellation rights shall end as soon as we commence work on your matter.
12.8 Similarly, if you are an individual and we have made the agreement with you at your home or at your place or work, then you have the right to cancel the contract within 7 days of entering into it, under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 By accepting these terms of business you agree that you would like us to start work on your matter straight away. Any costs that we incur on your behalf prior to you choosing to exercise your right to cancel this contract, will remain payable by you. For further information please see the accompanying ‘Notice of the Right to Cancel’.
13. Financial Services
13.1 The Law Society of England and Wales is a designated professional body under Part XX of the Financial Services and Markets Act 2000 (as amended) which means that we may carry on certain regulated activities without being regulated by the Financial Conduct Authority. This means that we may be able to provide limited financial services to you where such services arise out of, or are complementary to, the provision of legal services.
13.2 The Law Society is the designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation has been delegated to the Solicitors Regulation Authority (the independent regulatory body of the Law Society), and responsibility for handling complaints has been delegated to the Legal Ombudsman. The contact details for the Solicitors Regulation Authority can be found at clause 1.3 and the contact details for the Legal Ombudsman can be found at clause 6.9.
13.3 The limited regulated activities that we carry out are issuing certain insurance policies, such as after the event legal expenses insurance, defective title insurance and other property indemnity insurance (such as breach of covenant, absence of easement, lack of planning permission, unknown rights and covenants policies).
13.4 We are not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance distribution 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 Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk.
13.5 Any insurance policy arranged by us on your behalf, shall, in our opinion, be adequate to meet your needs, but you are hereby informed that we do not recommend any policy over and above any other and that it is your responsibility to check that you are satisfied with the excess levels, exclusions, limitations and other policy terms. We do not conduct a fair analysis of the insurance market prior to arranging insurance policies. You can request details of the insurance undertakings with which we conduct business at any time.
13.6 You hereby agree to provide us with details of any relevant existing insurance policies you may have and you agree that we shall not be liable to you for any losses you sustain as a result of your failure to provide us with such details.
14. Limitation of Liability
14.1 Liability to persons who are not the client of the limited company
We shall have no liability to any parties except you and any third parties to whom our advice is expressly addressed. Save as expressly mentioned in these terms, it is not intended by the parties to this agreement that any term which may be construed as conferring a benefit on any person who is not a party to this agreement should be enforceable by such party, whether under the provisions of the Contracts (Rights Of Third Parties) Act 1999 or otherwise. Unless we agree otherwise expressly and in writing, signed by a director, no other party may rely on our advice. The granting of such agreement may be subject to payment of an additional fee.
14.2 Liability of the limited company, not individuals
Your agreement is solely with us, Lawyers Incorporated Limited, operating as a limited liability company and no director, principal, member, partner, consultant or employee assumes or will assume personal liability for the conduct of the work you instruct us to carry out. To the extent permitted by law, no director, principal, member, partner, consultant or employee of the limited company shall have any personal liability. You and we intend that this provision is for the benefit of, and shall be enforceable by, the directors, principals, members, partners, consultants and employees under the Contracts (Rights of Third Parties) Act 1999.
14.3 Liability limited to £5 million
14.3.1 Subject to paragraph 14.8, our liability for losses arising out of, or in connection with, our retainer (including legal costs you incur in pursuing recovery of the losses, and interest including statutory interest) shall be limited to the sum of £5 million in respect of any claim against us.
14.3.2 In defining what a claim is for the purposes of this clause, all claims against us arising from one act or omission, one series of related acts or omissions, the same act or omission in a series of related matters or transactions, similar acts or omissions in a series of related matters or transactions, and all claims against us arising from one matter or transaction, shall be regarded as one claim.
14.3.3 We shall not be liable for any of the following types of loss where the total liability together with any other liability exceeds the sum of £5 million: loss of goodwill, loss of business, loss of anticipated profit or saving, pure economic loss, or any indirect or consequential losses arising out of or in connection with this agreement.
14.4 Proportionate liability
Subject to paragraph 9.8, if we are jointly, or jointly and several liable to you with any other party we shall only be liable to pay you the proportion of your losses which is found to be fairly and reasonably due to our fault. We shall not be liable to pay you the proportion which is fairly and reasonably due to the fault of another party
14.5 Effect of limitation or exclusion of liability you agree with another person
We could be affected by any limitation or exclusion or liability which you agree with another of your advisers or any other third party in connection with a matter on which we are acting for you. This is because such a limitation or exclusion of liability might also operate to limit the amount which we could recover from that other person, for example by way of contribution. Subject to paragraph 9.8, you agree that we shall not be liable to you for any increased amount thereby payable by us, or for any amount which we would have been entitled to recover from another of your advisers or other third party by way of indemnity, contribution or otherwise, but are unable to recover because of that limitation or exclusion of liability.
14.6 Making a claim against another person who is or may be liable
Subject to paragraph 9.8, if there is another adviser or person who is liable (or potentially liable) to you in respect of the same loss as you claim from us then you will at our request join that person in any proceedings brought against us as soon as reasonably practicable following our request. This is subject to any legal prohibition against your joining them in that way.
14.7 Complying with our obligations under the money laundering legislation
Subject to paragraph 9.8, we shall not be liable for any loss arising from or connected with our compliance with any statutory obligation which we may have, or reasonably believe we may have, to report matters to the relevant authorities under the provisions of the money laundering legislation.
14.8 Qualification to limitation of liability
Nothing in these Terms excludes or restricts liability for:
14.8.1 Losses in an amount less than the minimum level of professional indemnity insurance cover required by the Solicitors Indemnity Insurance Rules from time to time. The amount of such minimum level of cover as at November 2015 was £3 million for a corporate body.
14.8.2 Death or personal injury caused by breach of duty;
14.8.3 Losses caused by the fraud, dishonesty, wilful default or reckless disregard of professional obligations committed by any director, principal, member, consultant, employee or other member of staff within the course of practice or from liabilities which cannot be limited or excluded by law or by rules of professional conduct in force from time to time
14.8.4 Losses caused when acting for you in a ‘contentious business agreement’ within the meaning of section 87 of the Solicitors Act 1974.
14.9 Time limit for making claims
We shall not be liable for any loss arising out of any act or omission on our part unless court proceedings in respect of the alleged loss are issued not later than three years after you first had (or ought reasonably to have had) both the knowledge required for bringing an action for damages in respect of the act or omission and the knowledge that you had the right to bring such an action and in any event not later than six years after the date of the act or omission from which the loss arises. This provision will not increase the time within which proceedings may be commenced under the Limitation Act 1980 or other statutory provisions, and may reduce it.
Each of the above limitations constitutes a separate and independent limitation so that if one or more are held to be invalid for any reason or to any extent whatever or does not accord with any professional obligation, then the remaining limitations or the limitations as varied shall be valid to the extent they are not held to be invalid or incompatible with any professional obligation.
14.11 Invitation to discuss the limits
We believe the limitations on our liability we have set out are reasonable having regard to the availability and cost of professional indemnity insurance and possible changes in its availability and cost in the future, but should you consider them inappropriate we invite you to discuss the limits with us and we will then investigate the options with you, including the option of providing a higher limit of liability at additional cost
15. Client Money
15.1 Subject to Rule 7 of the SRA Accounts Rules a sum in lieu of interest must be accounted to clients when it is fair and reasonable to do so in all the circumstances.
15.2 Our policy seeks to provide for a fair and reasonable outcome for both our clients and this practice.
15.3 Our policy on interest shall be kept under review. The policy may change if the Bank of England base rate increases or decreases. At the date of the preparation of this policy, the interest rates payable on client accounts were extremely low – around 0.1% and the Bank of England base rate is 0.75%. This means that the sums of money involved are negligible.
15.4 The rate of interest available on client accounts is significantly lower than the rate of interest which can be obtained on other bank or building society accounts. This reflects the fact that immediate access is required to client accounts in order to comply with the Solicitors Accounts Rules, and to facilitate the smooth completion of transactions. It is therefore unlikely that the funds will attract as much interest as if you had invested those funds yourself.
15.5 All interest arising from cleared funds held on behalf of a trust will be credited to the trust whether those funds are held in a general client account or a separate designated client account (formerly known as a Designated Deposit Account).
15.6 For cleared funds paid into general client accounts, the practice shall account for interest unless one of the following circumstances applies:
(a) The amount of interest calculated on the balance held is £20.00 or less; or
(b) The client money was held in cleared funds in client account for a period of five working days or less.
15.7 All other clients shall be paid interest at the rate payable upon the practice’s client account from time to time, unless there are specific circumstances which lead the client to contract out of the right to receive interest payments (for example where the client agrees the practice may keep interest payments to remunerate the practice for acting as stakeholder in the transaction or where the client’s religious beliefs prohibit the receipt of interest).
15.8 In certain circumstances a separate designated client account will be opened on behalf of clients. All interest arising from funds held in separate designated client accounts will be credited to the client.
15.9 Where sums of money are held in relation to separate matters for the same client, the money relating to the different matters shall be treated separately unless it is fair and reasonable in the circumstances to consider the sums together.
15.10 Interest will not accrue on any advances from the practice to fund a payment on behalf of a client or trust in excess of funds held for that client or trust.
15.11 Where a client fails to present a cheque to his or her bank for payment we will not recalculate any amount due to the client unless it is fair and reasonable to do so, for example if the cheque has been sent to an incorrect address.
15.12 We will usually account to you for interest arising under our policy at the conclusion of your matter, but might, in some cases, consider it appropriate to account to you at intervals throughout.
15.13 Unless otherwise agreed by us in writing, if we receive any sums to hold on your behalf (whether received directly from you or from a third party) then we may deposit such money into an account or accounts with any bank or financial institution (a “deposit provider” which expression shall include bank, financial institution or clearing house through which transfers are made) of our choosing. We confirm that we comply with any applicable laws and any applicable rules of a regulatory authority in respect of the making of any such deposits.
15.14 We shall not be liable for any loss which you or any third party may suffer in connection with an Insolvency Event occurring in relation to any deposit provider with whom we have deposited funds or through whom transfers are made, save if and to the extent that any such loss was caused by or contributed to by any breach by us of clause 15.13.
15.15 In clause 15.14 an “Insolvency Event” means:
- Any deposit provider is unable or admits inability to pay its debts as they fall due (or is deemed to be or declared to be unable to pay its debts under applicable law), suspends or threatens to suspend making payments on any of its debts or, by reason of actual or anticipated financial difficulties or commences negotiations with one or more of its creditors with a view to rescheduling any of its indebtedness;
- The value of the assets of any deposit provider is less than its liabilities (taking into account contingent or prospective liabilities);
- A moratorium is declared in respect of any indebtedness of any deposit provider;
- Any corporate or government action, legal proceedings or other procedure or steps taken in relation to:
- The suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise) of any deposit provider;
- A composition, compromise, assignment or arrangement with any creditor of any deposit provider;
- The appointment of a liquidator, receiver, administrator, administrative receiver, compulsory manager or other similar officer in respect of any deposit provider or any of its assets;
- Enforcement of any security interest (however so described) over any assets of any deposit provider; or
- The prevention or restriction (whether by way of freezing order or otherwise) of a deposit provider’s ability to dispose of, deal with or diminish the value of its assets or any of them;
- Any event analogous to those set out in clause 15.15(d) occurs in any jurisdiction in respect of any deposit provider.
15.16 We currently hold our Client Account funds with Barclays Bank. If an Insolvency Event occurs in relation to any deposit provider which holds money that we have deposited on your behalf, we will require your consent to, where applicable, disclose to the Financial Services Compensation Scheme (“FSCS”) all relevant details in our possession about you and the money that we hold on your behalf with such a deposit provider. However, if you do not wish us to make any such disclosure, please notify us by writing to our Data Protection Compliance Officer, Linda Kirk at our head office. Please note that by withholding consent to our disclosure of your details to the FSCS in such circumstances, you may forfeit any right you may have to receive compensation from the FSCS where an Insolvency Event occurs in relation to a deposit provider holding money which we have deposited on your behalf. Compensation for deposits is limited to £85,000 for your total deposit with that service provider, including any personal funds you have deposited with that bank and funds we have deposited with the same bank. Further information regarding the FSCS can be found at www.fscs.org.uk, telephone number 020 741 4100.
16. Confidentiality, Privacy & Data Protection
16.1 We keep information passed to us confidential and will not disclose it to third parties except as authorised by you or required by law. In certain circumstances the law requires us to disclose information relating to you (for example, payments of interest earned on a clients’ account may have to be disclosed under the EU Savings Directive). If on your authority we are working with other professional advisers or lawyers, we may have a contractual obligation to disclose any relevant aspect of your affairs to them.
16.2 We may in some cases consult credit reference agencies in order to verify your identity. This may leave a footprint on your record, but should not affect your credit rating. We have procedures designed to ensure that personal data is used only by appropriately authorised and trained personnel and to safeguard such information against accidental loss or unauthorised disclosure. We will keep that information strictly confidential unless otherwise required by law or court order.
16.3 Where we act for you and your lender we have a legal obligation to fully reveal to your lender or HM Revenue and Customs all relevant facts about your purchase, your mortgage and what makes up the purchase price. In respect of your lender, this includes any difference between your mortgage application and information you or we receive during the transaction including any cash back payments or discount schemes or other incentives that the seller is providing or allowing or giving to you.
16.4 Stamp Duty Land Tax (Land Tax in Wales) is a self-assessment tax for which you are liable. You must disclose all information which may affect your liability for stamp duty land tax or other stamp duty (duty) as we can then ensure you pay the correct duty. If you fail to disclose all information (and if in doubt please disclose it as it can be discounted if it is not relevant) you must accept full liability for any penalties or action or other proceedings that any authority may take against you for failing to disclose information which resulted in a duty or greater liability to pay such duty.
16.5 Adkirk Law part of Lawyers Incorporated Limited is accredited as part of the Law Society’s Conveyancing Quality Scheme. The scheme is designed to improve transparency of transactions, raise service levels and provide better communication and a more efficient process. To achieve this we need your authority to enable to us to share information with other parties involved in this transaction and any related chain of transactions. By signing and returning the instruction form you will be confirming that we have your authority to provide information to other parties in accordance with the Law Society Conveyancing protocol. If you do not wish to do so, please delete the authority from the instruction when you sign and return a copy to us. If you subsequently decide you wish to withdraw such consent, please contact us immediately.
16.6 During the course of the Firm’s work it may be necessary to discuss your case with cost specialists, experts or counsel. We will have a contractual obligation to disclose information which we consider necessary to progress your case.
16.7 Where you provide us with fax or computer network addresses for sending material to, we will assume, unless you tell us otherwise, that your arrangements are sufficiently secure and confidential to protect your interests.
16.8 The Internet is not secure and there are risks if you send sensitive information in this manner or you ask us to do so. Data we send by email is not routinely encrypted, so please tell us if you do not want us to use email as a form of communication with you or if you require data to be encrypted.
16.9 The delivery of email is uncertain. You cannot assume that an email you send has reached its intended recipient. If you send instructions to us by email (in particular those that vary previous instructions and/or those upon which action needs to be taken urgently) you must verify by telephone that the email has been received.
16.10 Incoming emails are subject to screening for spam, viruses and other undesirable content, and will be quarantined (and therefore not read) if any such content is detected.
16.11 We will take reasonable steps to protect the integrity of our computer systems by screening for viruses on email sent or received. We expect you to do the same for your computer systems.
16.12 We promise to respect the data we hold on you. All information that we hold concerning you as an individual will be held and processed by us strictly in accordance with the provisions of the Data Protection Act 2018.
16.13 We will not, without your consent, supply your name and address to any third party except where:
- It is necessary as part of the legal services that we undertake; or
- We are required to do so by law or our professional rules.
16.14 The Firm may become subject to periodic checks by Law Society or our Regulator’s approved Consultants and/or Assessors, This could mean that your file is selected for checking. We have a legal obligation in allowing this and reasonable precautions are taken to protect your personal information., All such checks are conducted by individuals who have provided the Firm with a Confidentiality Agreement.
16.15 If you are an individual, you have a right under the Data Protection Act 2018 to obtain information from us, including a description of the data that we hold on you. Should you have any queries concerning this right, please contact our Data Protection Compliance Officer, Linda Kirk at our head office.
16.16 We may correspond with you by email unless you advise us in writing that you do not wish us to do so. You acknowledge that email may not be secure. Email will be treated as written correspondence and we are entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given. We have a contractual obligation in monitoring and reading any email correspondence travelling between you and any mail recipient at the Firm.
16.17 We will aim to communicate with you by such method as you request. More often than not this will be in writing but may be by telephone, if it is appropriate. We may need to virus check disks or e-mails, and 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.
17. Referrals to Third Parties
17.1 If we recommend that you use a particular firm, agency or business, we shall do so in good faith and because we believe it to be in your best interests. If we recommend that you use a particular firm, agency or business that can only offer products from one source, we shall notify you in writing of this limitation. We will pay to you any commission that we receive from any particular firm, agency or business that we recommend you use.
17.2 If we recommend that you use a particular firm, agency or business, we shall not be liable to you for any advice you may be given by that firm, agency or business and you are advised that if that firm, agency or business is not another firm of solicitors you will not be afforded the regulatory protection of the Solicitors Regulation Authority (SRA) or of the SRA’s Codes of Conduct and SRA Indemnity Insurance Rules, nor shall you be entitled to the benefit of the SRA Compensation Fund.
18. Hours of Business
18.1 Our offices are open between 9.00am and 5.00pm, Monday to Friday, excepting bank holidays. We do not provide an out of office or emergency service to clients. The person responsible for your matter may, at his or her absolute discretion, provide you with a mobile telephone number, and may endeavour to take your telephone calls outside of office hours, but nothing he or she says should be interpreted as an agreement to routinely deal with your matter or to take your telephone calls outside of office hours.
19. Anti- Money Laundering
(a) In accordance with the requirements of the Data Protection Act and the Money Laundering Regulations, we confirm:
- Lawyers Incorporated Limited is the data controller;
- Linda Kirk is the data protection compliance officer; and
We will only process any documentation or personal data received from you in respect of client due diligence for the purposes of preventing money laundering and terrorist financing unless
(a) use of that data is permitted by or under any enactment or
(b) you give your express consent for the documentation or personal data to be used for other forms of processing.
- We are required to comply with the Money Laundering regulations and in particular to verify the identity and permanent address of all Clients. This is to ensure that the policy adopted worldwide by Financial and Government Authorities to prevent the use of laundering systems to disguise the proceeds of crime is achieved.
(b) In order to comply with these obligations, if you are a new client or an existing client who has not previously supplied information, we are likely to request from you, and retain, information and documentation relating to your identity. We are also likely to make searches of appropriate databases. Some of these checks are undertaken on our behalf by third party suppliers
(c) We must also identify who is the beneficial owner where instructions are not being provided by the beneficial owner, such as in the case of a limited company where instructions might be given by a Director who is not a shareholder. In the case of a limited company we also need to be satisfied that instructions are provided by a validly appointed Director. These are all part of the due diligence process that we are obliged to conduct
(d) We may need to repeat these checks from time to time, and if you have any questions about how these will be completed or if you have objections to any of these checks being carried out, please let us know as soon as possible. There may be circumstances in which we are not able to proceed with your instructions, for example if satisfactory evidence of your identity is not provided within a reasonable time. In these circumstances, we will not proceed with our work, for you, but we will charge you for the work done prior to that date. The work that we have to do to identify you in accordance with our statutory and professional obligations is part of our work on this retainer, and will be charged for, including any disbursements incurred, in the normal way.
(e) If we know or suspect that you (or any other party involved in this matter) are involved in money laundering or hold the proceeds of crime, we may be required by law to make a report to the National Crime Agency (NCA) and if notification is made, we are prohibited from advising the suspected party that it is doing so. These requirements override our duty of confidentiality to you.
(f) Proceeds of crime are assets or income which have been acquired through some illegal activity, for example drug-trafficking, non-payment of tax or fraudulently obtaining benefits. If a report is made to the NCA, we must stop work on the matter until we are authorised by NCA to proceed. There may be circumstances in which a report is made to the NCA which later turns out was not required by law. We cannot accept responsibility or liability for any loss, damage or expense (whether direct, consequential or otherwise) arising from any delay or otherwise as a result of making any reports to NCA and ensuring compliance with our statutory obligations.
19.2 Cash Payments
- We will not accept cash payments regardless of whether the payment is to settle our bill, to pay money on account, or in respect of transactions we may be acting upon (such as sales and purchases of businesses or property).
- For the avoidance of doubt this applies to all matters in which we are acting for you and not just to each transaction relating to that matter.
- We shall not be liable to you for any losses you may suffer as a result of any refusal by us to accept cash payments.
20. Equality & Diversity
20.1 We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our Equality and Diversity Policy.
20.2 If you have any special requirements in relation to the way in which you would like us to handle your work, (for example, if you consider yourself to have a disability) please let us know.
21. Rights of Third Parties
21.1 A person who is not a party to this agreement shall not be entitled to enforce any of its terms.
22. Applicable Law, etc.
22.1 These terms and our Client Care Letter shall be governed by and interpreted in accordance with English law. Any disputes or claims concerning this agreement and any matters arising from it shall be dealt with only by the courts of England and Wales.
22.2 If we or you do not enforce our respective rights under this agreement at any time it will not prevent either us or you from doing so later.
22.3 If any provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
23. Notice of Right To Cancel
This Notice has been provided to you because you have entered into a contract with Lawyers Inc. in your home or place of work. Therefore the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (‘the Regulations’) apply. The contract is for the supply to you of goods or services. The person providing the goods or services is referred to in the Regulations as ‘the trader’.
23.1 The identity of the trader providing goods or services under this contract is Lawyers Inc.
23.2 Under the Regulations, you have the right to cancel this contract if you wish to do so. This Notice explains how to exercise this right. It also gives you other information that is required by the Regulations.
23.3 In order to exercise your right to cancel the contract, you need to deliver or send a cancellation notice, that is, a written notice that you wish to cancel the contract. You can use the cancellation form provided below if you wish, but you do not have to do so. You can send your notification by email if you prefer.
23.4 Any cancellation notice should be delivered or sent to Linda Kirk at Old Docks House, 90 Watery Lane, Preston, PR2 1AU or at firstname.lastname@example.org.
23.5 You have 14 days from in which to serve a cancellation notice. The period of 14 days begins with the date when you receive this Notice. This 14 day period is referred to in the Regulations as ‘the cancellation period’.
23.6 Under the Regulations, a cancellation notice is treated as being served as soon as it is sent or posted to the trader. A cancellation notice sent by electronic communication is treated as being served from the day when it is sent to the trader.
23.7 If you agree in writing that the performance of this contract should begin before the end of the cancellation period, then even if you cancel the contract you may still be required to pay for goods or services supplied before the cancellation.
23.8 If you enter into a related credit agreement, then that agreement will be automatically cancelled if the contract is cancelled. A ‘related credit agreement’ means an agreement under which fixed sum credit which fully or partly covers the price under the contract is granted to you by the trader, or by another person under an arrangement made between that person and the trader.
24. Personal Liability of Directors and Members
(a) As a separate and independent stipulation the signing of the declaration by a director of a company for and on behalf of a company, or by a member of an LLP for and on behalf of the LLP, shall have the effect that in consideration of us providing services to the company the director or member shall assume personal liability as a joint principal debtor to pay on demand and without set off or other deduction all money that shall at any time after the commencement of this contract become due to the firm by the company
25. Outsourcing of work
(a) In common with many law firms, we outsource certain support functions such as information technology and some reception services. We may occasionally ask other companies or people to provide secretarial or paralegal services on our files to ensure that work is done promptly. We may also refer our files to counsel, an expert or a costs draftsman for specialist advice. We will always seek a confidentiality agreement with these outsourced providers. If you do not want your file to be outsourced, please confirm the same with us in writing.
26. Service Standards
(a) We operate systems throughout our Office, insisting that all our staff meet certain standards with regard to Client Care. These standards include:
(i) Sending you copies of all important correspondence;
(ii) Returning your telephone calls during the course of the same day, if at all possible;
(iii) Dealing with correspondence of any sort promptly;
(iv) Writing letters to you and others in plain and concise language;
(v) Giving appointments to you without any undue delay;
(vi) Dealing with you and all persons with the same attention, courtesy and consideration regardless of race, colour, ethnic or national origins, sex, creed, disability or sexual orientation.
(b) To assist us in providing an efficient and effective service we ask that you:
(i) In all communications quote the file reference number of your matter (which is set out at the top of each of our letters) and clearly address all written communications to your Legal Representative;
(ii) Leave clear telephone messages with your Legal Representative’s secretary, or reception;
(iii) Notify us immediately of any change of your address, telephone number or other material information;
(iv) Notify us immediately if you are delayed or cannot attend an appointment;
(v) Respond to our requests promptly;
(vi) Pay our bills and disbursements without delay;
(vii) Contact your Legal Representative immediately if you receive any communication from your opponent or solicitors on that person’s behalf. Do not reply without speaking to your Legal Representative.
27. Quality Standards
(a) Due to our own internal quality standards, we are subject to periodic checks by outside assessors. This could mean that your file may be selected for checking/ auditing. We believe we have a legitimate interest in acting in this way and take every possible precaution to protect your personal information. All inspections are, of course, conducted in confidence and all external firms and organisations working with us are required to maintain confidentiality in relation to any files and papers that are audited/ checked by them.
(b) Your files(s) may also be reviewed in a due diligence exercise relating to the sale or transfer of all or part of Our business, the acquisition of another business or the acquisition of a new business. Again, we believe we have a legitimate interest in acting in this way and take every possible precaution to protect your personal information. If you prefer that your file is not checked / audited or reviewed as detailed above, work on your file will not be affected in any way. Please contact us if we can explain this further or if you would like us to mark your file as not to be inspected.
28. Consumer Protection Regulations (CPR)
28.1 The Consumer Protection from Unfair Trading Regulations (as amended) regulate transactions between traders and consumers and prohibit trading practices that amount to unfair commercial practices and misleading acts and omissions. Neither you, the client, or us, your legal representative, must mislead a buyer or tenant either by providing incorrect or ambiguous information, or by omitting to provide material information about the property You are selling.
28.2 Certain information will be revealed through searches and other enquiries of public databases, surveys and valuation reports. However, you must disclose to us any known defects and other material adverse matters relating to the property known to you and failure to do so may mean that, in certain circumstances, the buyer or tenant would have rights of redress against you.
28.3 We encourage you to make all known disclosures as early in the transaction as possible to prevent delays.
28.4 If we become aware of any such existence of material information, and you decline to authorise disclosure to the buyer or tenant, then we would have to consider whether it was possible to continue to act for you as the CPR’s impose a duty to act fairly towards you as our client and also towards third parties, especially those that are unrepresented.
29. Help to Buy ISA Scheme Information
29.1 The Help to Buy ISA Scheme was launched by HM Treasury on 1st December 2015. If you have taken out a Help to Buy ISA, then you may be eligible for a bonus payment of up to 25% of the closing balance of the Help to Buy ISA subject to a minimum bonus payment of £400 and a maximum of £3000 and provided that you and the property you are purchasing meet the eligibility criteria set out in HM Treasury ISA Scheme Rules. The fee earner with conduct of your matter (who under the Help to Buy ISA Scheme is known as the Eligible Conveyancer) will be able to advise you on eligibility and, if appropriate, will undertake the necessary process to apply for any bonus payment.
29.2 If you are purchasing a property through the Help to Buy ISA Scheme, HM Treasury will be the Data Controller of any relevant personal data that is given, via the Eligible Conveyancer, to HM Treasury and to the Administrator and / or any sub-contractor of HM Treasury or of the Administrator, for the purposes of the Help to Buy: ISA Scheme.
29.3 The information will be disclosed to HM Treasury and the Administrator for the purposes of verifying the eligibility of a Help to Buy: ISA Bonus payment and payment of Bonus funds, carrying out audits of Eligible Conveyancers and any investigations or compliance work in accordance with the Scheme Rules.
29.4 We serve your legitimate interests in disclosing your relevant personal data to HM Treasury, the Administrator and / or to any sub-contractor of HM Treasury for the purposes of verifying the eligibility of a Help to Buy, ISA Bonus payment and payment of Bonus funds; carrying out audits of Eligible Conveyancers; and any investigations or compliance work in accordance with the Scheme Rules.
30. Criminal Finances Act 2017
30.1 The firm is committed to promoting compliance with the requirements of the Criminal Finances Act 2017 within its practices as well as in those areas in which it has influence.
30.2 The firm does not tolerate tax evasion, or the facilitation thereof in any circumstances, whether committed by or facilitated by a client, personnel or associated persons/companies.
31. Green Deal Scheme
31.1 The Green Deal Scheme is a government driven initiative to allow for a loan to be provided on a property for the improvement of its energy efficiency. The loan is repayable on a monthly basis, in conjunction with the power bills on the property. The loan will run with the property unless it is repaid on the sale or transfer of the property.
31.2 The seller(s) of the property are required, by law, to disclose the existence of any Green Deal loan on the property they are selling, or they may become liable for repaying the outstanding debt, even after they have sold the property. The Estate Agent/Seller must disclose the existence of a Green Deal loan agreement prior to a sale being agreed. If the property is being sold at auction, the existence of a Green Deal loan agreement should be disclosed before the winning bid is made.
31.3 The purchaser on a normal sale should be given an EPC showing the Green Deal improvement or an EPC and a disclosure document showing details of the work carried out under the Green Deal Scheme. This disclosure document will be provided by the energy provider on completion of the work as well as details of the repayment amount, the unexpired term of the loan and details of the loan provider.
31.4 Disclosure of the Green Deal loan must be made at least 7 days before the transaction or arrangement is entered into or if this is not practicable then the disclosure requirement must be satisfied as soon as practicable before the transaction is entered into. The seller must secure that the contract for sale includes an acknowledgment by the purchaser that they have received notice that the property is a Green Deal property and that the bill payer at the property is liable to make payments under the green deal plan and further that certain terms of that plan are binding on the bill payer.
31.5 Whilst there are no charges, restrictions, notices or cautions registered when a property is a Green Deal property, the mortgage lender must be notified of the existence of the Green Deal loan because the borrower / new property owner is taking on another loan which runs with the property.
31.6 If this applies to you we will ask you to sign and return the [Declaration and Agreement Section] of the Client Care Letter we send to you confirming your authority for us to make any such disclosure to your mortgage lender.
31.7 Please note that we offer no guarantees/warranties in relation to the extent and nature of any works undertaken under the Green Deal Scheme. It is your responsibility to ensure that you have satisfied yourself as to the extent, nature and repayment provision of any such works undertaken in accordance with the Green Deal Scheme.
31.8 We would recommend that all Green Deal loans be repaid by the seller on completion of the property transaction, as the value of the property will undoubtedly have already taken into account the work undertaken under the Green Deal loan.
32. Provisions Relating to Litigation and Other Work In Relation to Disputes
32.1 This paragraph contains further contractual provisions and important information which we are professionally obliged to give you where the Matter relates to litigation or the resolution of disputes by other means (including a non-contentious Matter which becomes contentious or gives rise to further instructions on a contentious Matter).
32.2 Costs Risk
(a) In litigation matters, the Court may decide to order one party to pay the costs of the other. The Court usually orders the unsuccessful party to pay all or a part of the successful party’s costs, although there is no certainty about this. The successful party usually recovers a proportion of its costs from the unsuccessful party, although there is no certainty about this. You should be aware that:-
(viii) If you make an interim application to Court which does not succeed, you may have to pay the other side’s costs, usually within two (2) weeks.
(ix) If you lose the case, you may have to pay the other side’s costs and it is not usually possible for you to withdraw from the case without dealing with the issue of those costs.
(x) Costs awarded have to be proportionate to the value of the dispute and, in the ordinary course, recovered costs from the other side rarely exceeds sixty to seventy per cent (60-70%) of actual expenditure.
(xi) You will still be liable to pay our costs in full, even if the other party fails to pay the costs awarded to you by the Court.
(xii) Issues which the Court may take into account in assessing the costs payable or recoverable include:
- efforts made before and during the proceedings to try to resolve the dispute, including the appropriate use of mediation and other alternative dispute resolution procedures;
- the effects of Part 36 payments and offers of settlement;
- the complexity and size of the Matter and the difficulty or novelty of the questions raised;
- the skill, effort, specialised knowledge and responsibility involved;
- the time spent;
- the place and Circumstances in which the work was done.
(b) If the other side is or becomes legally aided, it is highly unlikely that you will recover your costs, even if you are successful.
(c) If you are unsuccessful, or the Court so orders for some other reason, you may be ordered to pay the other side’s costs. We will discuss with you whether the likely outcome will justify the expense/risk.
(a) Legal expenses insurance may be included in your contracts of insurance and you should check your policies to see if you are covered. Your policy may cover your costs and/or your liability to pay the other side’s costs. If you believe you are covered, please discuss this with us so that we can assist you in notifying your insurer. If you do not have legal expenses insurance, you may be able to purchase insurance to cover you in the event that you have to pay the other side’s costs.
(b) A conditional fee agreement is an agreement whereby we would be entitled to charge you an increased fee if you were successful and would charge you no fee or a reduced fee if you were not successful. You might be able to take out an insurance policy to cover you in the event that you were ordered to pay the other side’s costs. You may be able to recover this insurance and any sums you paid to us from the other side if you were successful depending on the type of case we are instructed on. We are happy to discuss this further with you at your request.
32.4 Statements of Truth
(a) Under the Civil Procedure Rules, all statements of case (the term for pleadings which includes documents such as claim forms, defences and witness statements) and certain other documents, must be verified by a statement of truth, to the effect that the party putting forward the document believes the facts stated in it are true. Making a false statement of truth is potentially a contempt of Court.
(b) Whilst a statement of truth can be signed by you or your legal representative, it is our policy that you should sign your own Statement of Truth.
32.5 Attendance at Hearings
(a) Please be aware that, under the Civil Procedures Rules, the Court can Order you to attend hearings. We will discuss this with you further as your case progresses.
32.6 Alternative Dispute Resolution
(a) As part of the active management of a case under the Civil Procedure Rules, both the Courts and the parties in a dispute are required to consider the use of alternative dispute resolution (“ADR”) if it is considered appropriate to help to resolve the dispute. ADR includes methods of dispute resolution such as mediation, adjudication and expert determination.
There have been occasions when the Courts have imposed costs penalties on parties who unreasonably refuse to consider ADR. I will discuss both the methods of ADR and any possible costs implication further with you if and when it becomes appropriate.
33. Conflicts of Interest
(a) “Conflict of Interest” means any situation where:-
(xiii) we owe (or, if we accepted your instructions, would owe) separate duties to act in the best interests of two or more clients in relation to the same or a related matter and those duties conflict, or there is a significant risk that those duties may conflict; or
(xiv) our duty to act in your best interests in relation to a matter conflicts, or there is a significant risk that it may conflict, with our own interests in relation to that or a related matter; or
(xv) we have confidential information in relation to a client or former client, and you wish to instruct us on a matter where:-
- that information might reasonably be expected to be material; and
- you have an interest adverse to our other client or former client, and for the purposes of this paragraph “you” does not include Associated Entities.
33.2 Similar Activities
(a) We may act for parties engaged in activities similar to or competitive with yours.
33.3 Third Parties
(a) Once we have agreed to act for you in relation to a Matter, we will not act for a third party in relation to the same Matter if there is a Conflict of Interest between that third party’s interests and your interests.
33.4 Instructions Creating a Conflict of Interest
(a) We may decline to act for you where accepting your instructions would create a Conflict of Interest or cause us to break an existing agreement with a third party.
(a) Where our professional rules allow, and subject to satisfying the requirements of those rules (for example by implementing an information barrier), we may act for you and another client where a Conflict of Interest would otherwise exist, provided that we have the consent of both parties. We do not require your consent to act against an Associated Entity.
33.6 Cessation of Services
If, whether through a change in circumstances or otherwise, we find that we have agreed to provide Services to you in circumstances which give, or could give, rise to a conflict of interest we will discuss with you how to deal with the conflict and may be obliged to stop providing Services to you and/or to all other clients affected by the Conflict of Interest.
Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT. This form can either be posted or sent electronically. Please note that you have 14 days to cancel the contract, and if you cancel after the 14 days you may be charged for the work undertaken so far.
To Linda Kirk at Lawyers Inc. Old Docks House, 90 Watery lane Preston PR2 1AU or email@example.com
I/We (delete as appropriate) hereby give notice that I/We (delete as appropriate) wish to cancel my/our (delete as appropriate) contract
Matter Number _______________________________