Terms and Conditions
1 Management of your file
Your matter will be managed by the fee earner shown at Appendix 1 of these Terms and Conditions together with details of his or here team as specified. You will be kept advised of any other staff members who may assist in your matter from time to time.
2 Charges
Our charges are calculated either by reference to an hourly rate and where possible with an early estimate of the likely time your matter may take to complete or alternatively based on a negotiated fee. The fee structure for your matter together with associated additional fees and disbursements is set out on the Schedule of Charges contained in Appendix 2A to these Terms and Conditions.
3 Payment on account of costs
We will from time to time request payments generally on account of costs and disbursements, to be used to pay the invoices that we will send to you. We will let you have full details of how the money has been used. If a requested payment or invoice is not paid and we decline to act any further, the full value of the work done to that date will be charged to you. If you terminate your instructions to us, we are entitled to keep your papers and documents while money is owed to us. If we have to stop acting for you, we will give you as much notice of our decision as the circumstances permit.
4 Disbursements and other fees
In additional to the principal legal costs for the main scope of the retainer there will be chargeable in addition disbursements (expenses that we pay to other people on your behalf) and other fees connected with our work on your behalf as detailed on the accompanying Schedule of Charges.
5 Payment Terms
Our bills are due for payment on receipt. We reserve the right to suspend further work until payment is received. If a bill remains unpaid for 30 days after the date of the invoice, we reserve the right to charge interest at a rate equal to the lower of the rates applicable to judgement debts and 4% above HSBC Bank plc base rate until payment is made. We will also be entitled to retain documents and papers belonging to you, together with our own papers relating to the case, until all sums outstanding to us are paid. You will be sent statements and reminder letters in respect of all unpaid bills which are older than 21 days. A separate sheet is attached to these Terms and Conditions which gives information concerning your rights under the Solicitors' (Non-Contentious Business) Remuneration Order 1994.
6 Professional Indemnity Insurance (PII) Cover
As solicitors we are strictly regulated by our governing body, the Solicitors Regulation Authority. We are required to maintain for your protection PII Cover. The current level of PII Cover carried by the practice is Ten Million Pounds per any one claim and in agreeing to our Terms and Conditions you are agreeing to limit any claim or potential claim you may have against the firm to a maximum of Ten Million Pounds per any one insurable event.
If you require information concerning the PII Cover maintained by this practice requests should be made in writing or by e-mail to the Practice Manager Mrs Claire Gibbs.
7 VAT
Fees rendered by us for our professional services under these Terms and Conditions are subject to VAT charged at the standard rate of 15%. In addition certain disbursements and incidental fees all of which are detailed in the accompanying Schedule of Charges may be subject to VAT as indicated, are inclusive of VAT or zero rated as appropriate.
8 Interest
We are required to account to you for interest earned on our current clients' account or designated deposit clients' accounts pursuant to the Solicitors Accounts Rules. The amount of interest payable will depend on the parameters contained within those Rules and the length of time and amount of those funds held. Our dedicated accounts department who are trained and familiar with the Solicitors Accounts Rules will work in conjunction with the fee earner in charge of the management of your file to ensure that at the conclusion of the matter any such adjustments relating to interest are made and credit given unless otherwise agreed in appropriate circumstances.
9 Investment Business
We are not authorised under the Financial Services and Markets Act 2000 but we are able, in certain circumstances, to offer a limited range of investment services to the client because we are regulated by the Solicitors Regulation Authority. We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide.
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 the Solicitor’s Regulation Authority and the Legal Complaints Service provide complaints and redress mechanisms.
10 Insurance Mediation
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.
The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000, but the responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society and Legal Complaints Service is the independent complaints handling body of the Law Society.
11 Identification
We are required by the Money Laundering Regulations to comply with strict procedures as to the checking and recording of clients' identity. We have to see original photo ID and proof of address verifying every client's identity and we refer you to Appendix 4 of these Terms and Conditions which set out permissible forms of authentication that we will require.
In order to confirm your identity and the identity of other persons relevant to this matter we will carry out a check using the services of “CallCredit Direct”. By signing these terms of business you agree to pay our £10 fee for each search we consider to be reasonably required to meet our obligations. The fees for the searches undertaken will be charged in any event.
Please note that we also need to verify the identity of any beneficial owner which usually means any person with 25% or more interest in any matter e.g. 25% interest in a company or in a trust or estate, 25% interest in the property and/or is able to exercise control over the transaction.
12 Confidentiality
Solicitors are under a professional and legal obligation to keep the affairs of the client confidential. This obligation is subject to a statutory exception: recent legislation on Money Laundering and Terrorist Financing has placed solicitors under a legal duty in certain circumstances to disclose information to the Serious and Organised Crime Agency. Where a solicitor knows or suspects that a matter on behalf of a client involves money laundering the solicitor may be required to make a Money Laundering Disclosure, if this happens we are not permitted to inform you that such a disclosure has been made or the reasons for it.
Appendix 3 of these Terms and Conditions provided a separate explanatory note as to the nature of compliance provisions pursuant to the Proceeds of Crime Act 2002 .
13 Service Standard
13.1 Our commitment to you
As your nominated solicitors we will endeavour to adhere to the following during the continuance of your retainer:-
● keep you regularly informed of progress;
● communicate in plain language;
● explain the legal work that may be required and scope of retainer;
● advice you regularly of any changes in costs, fees and disbursements;
● discuss with you your requirements over timing and time estimates to complete the work;
● to regularly review your matter and to report at appropriate intervals;
13.2 Equality and diversity
This firm is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees, and is required to produce a written equality and diversity policy. Please contact us if you would like us to send you a copy of that equality and diversity policy.
14 Conflicts of Interest
We take conflict issues seriously. We have procedures in place to ensure that conflict checks are carried out on
every matter as soon as practicable so that, if an issue arises, it can be discussed with you and dealt with as quickly as possible. Our conflict procedures aid us in fulfilling our professional obligations not to act for one client in a matter where there is an actual (or potential risk of a) conflict with the interests of another client for whom we are already acting.
If at any time you become aware of an actual or potential conflict of interest, please raise it with us immediately.
In accordance with our professional duties, we will always seek to resolve any conflict issues in the most advantageous way to the clients concerned.
15 Remittance of funds
15.1 Inbound payments
When sending money to us this can be by way of cheque payable to "RHY Law LLP",
Bank Transfer either by Bank Automated Clearance System (BACS) which may take up to three working days to be credited to our clients account or by CHAPS (Clearing House Automated Payment System) which which will normally show in our clients account on the same day if ordered before 2pm. Please note that no money can be drawn from our clients account until monies paid into that account are cleared and you should therefore allow sufficient time when making payment if your matter is subject to a time critical date.
Under no circumstances must you pay a cheque or banker’s draft directly into our account without the approval of a partner of this firm.
15.2 Cash Payments Policy
The firm's policy with regard to the Money Laundering Regulations is not to accept cash payments in excess of £500. Under no circumstances should you pay any cash whatsoever into this firm's account without the prior approval of a partner in this firm.
15.3 Outbound payments
Where funds are required to be remitted to you we will ordinarily ask for bank account coordinates for you and will arrange to remit those funds by CHAPS to you for which we charge an administrative fee of £30 plus VAT. We can also arrange payment by cheque but in either event we will require written authority from the client and an explanation of any requirement to pay monies into a third party account or sole name where we have received joint instructions on a matter.
15.4 Our Bank Details
Please note:
When remitting funds to us you must quote your matter reference number and the initials of the fee earner with management of your file to enable our accounts department to readily identify and allocate inbound payments to our clients account.
HSBC Bank Plc - 31 Chequer Street St Albans Herts AL1 3YN
Sort Code: 40 40 01
Account No.: 43665259
Account Name: RHY Law LLP Clients Account
16 Complaints
We are committed to providing a high quality legal service to all our clients. When something goes wrong we need you to tell us about it. This will help us improve our standards. Any complaint you have should be addressed to the fee earner handling your matter whose name appears in Appendix 1
17 Your name and address
Please note that if you move or change your address without letting us know letters will be sent to your last known name and address and will be effective even if they do not reach you. We would ask that in all cases of changes of address or name you please provide us with updated information as soon as possible so that our records remain accurate at all times in compliance with our professional obligations.
18 Data Protection Act
This firm is registered under the Data Protection Act 1998 and stores data both in paper and electronic form relevant to your details and your matter. We may from time to time use this data for the purpose of contacting you in relation to changes in the Law, general updates, promotional or marketing activities. We will act in compliance with our own regulatory authority the SRA and within the terms of the Data Protection Act in the handling of your personal or corporate information.
19 Storage of files
After completion of the matter, we will archive your file of papers (except for any papers which you require and collect from us) for a period of eight years in secure off site storage with our current Data Management Company. In the case of files or papers relating to Wills or the administration of estates these files of papers will be held for a period of 20 years.
At the expiration of these periods our external Data Management Company will be instructed by us to destroy the file. During the storage period the files will be available for recall upon request. In the event of your requiring us to retrieve your file we will charge a fee of £50 plus VAT per request to cover the data handling charges connected with such retrieval. The matter file will have been separately barcoded and data logged by the our external Data Management Company and information is regularly supplied to us for internal purposes and monitoring.
Electronic data stored on our server can be retrieved and sent to you upon request but we will make a charge of £20 plus VAT in respect of handling and providing such data and information which will be sent to you in the appropriate medium depending on size and volume of the items requested.
20 Original documentation
If you wish us to hold original completed documentation at the end of your matter such as original property documents, your Will or private client documents, we will do so. We do not currently charge for the provision of such storage facilities but we reserve the right to do so after giving you not less 1 month's written notice. Whilst every effort will be made to ensure that your original deeds and documents are kept securely in a clearly identified storage system we cannot accept liability for of damage or destruction caused by matters beyond our control and we recommend that in matters where original documents are retained by us that you keep safely copies of any such documents as a backup.
21 Duration of Instructions
You may bring instructions to an end at any time. We may also bring instructions to an end for a good reason and on reasonable notice being given. If instructions are terminated you will be liable only for fees arising and payments made or committed up to the date of termination of the instructions, together with any fees or payment for work necessary in connection with the transfer of the matter to another adviser. If this happens, we shall charge for work done in accordance with the hourly rate prevailing at the relevant time. VAT will be charged as applicable.