Terms and Conditions  

Linley James Solicitors Terms and Conditions                                

Service standards

Linley James Solicitors aims to assist you with your legal matters by providing a quality service to you. 

We aim to work with you to resolve your legal matters by:

• ensuring you are regularly kept appraised of developments;
• speedily seeking your instructions on questions which arise;
• communicating with you how you wish us to do so, this might be via letter, phone, email, text or skype;
• updating you on developments in your matter;
• regularly inform you about costs and timescales, this might be monthly or quarterly;
• advise you on funding options;
• keep you updated concerning outcomes and cost benefits;
• and involve you in what we are doing.

Equality and diversity

We believe promoting equality and diversity in our law firm is going further and being fair and respectful to everyone. Our equality and diversity policy sets out these principles which is obtainable from us. 

Communication between us

Communication is about listening carefully to your needs. It’s about sharing information, but only if you have authorised us to do this. If you do not wish us to share information with others, please notify us in writing. 

If we act for two or more clients jointly, it is understood we are authorised to act on instructions from either, both or any of them.

We are required by the Solicitors Regulation Authority to retain our records for a period of six years. To comply with legislation we ensure data is:

• lawfully processed in a fair and transparent manner;
• collected for specified, explicit and legitimate purposes and not further processed in a manner which is incompatible with those purposes;
• the data is adequate, relevant and limited to what is necessary in relation to purposes for which they are processed;
• it is accurate and kept up to date with reasonable steps being taken to ensure inaccurate data is erased or rectified without delay;
• retained in an identifiable format for no longer than is necessary;
• and that personal data should be kept, and processed, securely and confidentially. 

Charges and Expenses

When drafting a lasting power of attorney or making a deputyship application we charge fixed fees. Advising on and drafting a financial or a health and welfare lasting power of attorney £575. Advising on and drafting both a financial or a health and welfare lasting power of attorney £575. Advising on and drafting the papers to make an uncontested deputy application £1200. Providing specific legal advice £300 an hour. To review and provide initial legal advice on your matter from £300 to £600. Advising on and providing guidance on creating witness statements £300 per witness statement. Drafting wills from £175. Phone calls and emails are charged at £30 per call or email. Travel time is charged at 45 pence per mile or £60 per hour or pro rata. 

Other fees or charges are calculated on how long a solicitor or practitioner takes to do the work. We do review the length of time we charge for and consider reducing our fees as necessary. 

We charge for our time spent reading and working on papers, preparing for meetings, having meetings with you or others on your behalf, telephone calls, emails, texting and zoom or skyping meetings, court attendances, travelling times and preparing detailed costs estimates and bills. 

Some of the work we do for you may be conducted by our agents, barristers or other professionals. They often have different charging policies than ourselves. We will inform you of their rates and practices before we engage them. Where possible, we will try and offer a range of options on who we externally engage to conduct your work. 

Where VAT is charged it is charged VAT at 20%. 

Our hourly fee rates are set by the Law Society. If you are concerned about our fees, please talk to us. We regularly review our fees in April. We try to be open and transparent about our hourly and variable fees. 

We are required from time to time to pay what is termed disbursements or fees we are charged to conduct a matter, these include experts fees and expenses. This might be court application fees or fees charged by governmental bodies to progress a matter. In some cases, these can be reduced if the client is on welfare benefits or similar. We will inform you if this might be the case. If not we will advise you of the costs to be incurred regarding disbursements.

We do not usually expect you to pay our fees up front. In situations where we are paying disbursements, experts fees, expenses or administrative costs we are charged by others we will ask you to reimburse us for our payments. 

If you are unable to pay these costs, please contact us as on occasions we may not be able to proceed any further with your matter unless you can pay these costs.

With our litigation matters costs can be incurred irrespective of the outcome which need to be met by yourselves. We will keep you informed as to these. As we mentioned, much of our work we try to do on a fixed fee basis. Sometimes this is not possible, and we charge for the work conducted. We recognise that some of our clients are on tighter budgets than other clients and would prefer to do some of the background work themselves without incurring our costs. Where this is possible, we will discuss this with you. Other clients like to set fee limits for our work. If this is the case, please inform us. If we do agree on a fee limit, we will contact you before the agreed limit is reached asking how you wish to proceed. Sometimes, the work we start for you does not progress to completion. If this is the case we will be entitled to charge for the work we have carried out and any costs incurred. 

Partners, Solicitors and Consultants                                            from £300 to £475

Fellows of Ch. Inst. of Legal Executives, Senior Executives     up to £350

Legal Executives                                                                              from £161 to £300

Trainee solicitors, paralegals or equivalent                                from £118 to £250

Acting as an Attorney or deputy 

When one of our partners is appointed as your attorney or as a deputy we will conduct an initial review of the donor or person lacking mental capacity’s financial situation. Our usual fee rates apply to these initial reviews. 

Payment Arrangements

The majority of our clients pay us an initial sum, followed by periodic payments as the matter develops. Some client’s pay us a set amount each month to spread the costs of their matter over a period of time. Where we can we try and offer fixed fees for the work we carry out. 

Where your matter is expected to progress over a period, we will keep you informed of costs incurred and disbursements. We aim to do this on a monthly basis or every quarter. If we have requested payment, particularly for disbursements, late payments can hold up proceedings. 

Payments should be preferably made by bank transfer, alternatively by cheque if that is more convenient. We are unable to accept payments in cash. We are not in a position to make payments payable to a third party.

Once we have sent an invoice, we would usually expect payment to be made within 14 days. If you are unable to do this please contact and we can talk about it. We are happy to extend payments over a period of time if necessary. Please contact us to arrange payments over an extended period of time. Once the matter has been concluded we would expect prompt settlement of our fees.

We would usually send out repeat requests after 21 days from the first request, then again 28 days later once this request time has expired. If we have not heard from you after the second request for payment, we will stop work on your matter. Where there is an outstanding payment, and you have not contacted us to discuss it, we reserve the right to charge 8% after we have exhausted the above procedure. If there is a difficulty paying or your circumstances have changed, please come and talk to us about it. 

The common law informs us we are entitled in law to hold or retain any papers, money, property, even of greater value than our requested payment until our payment is met. Where we are conducting litigation for you, we are entitled to hold or retain property we have recovered on your behalf even if not in our possession until outstanding payments are made. If necessary, the court will grant a charging order to us concerning our payments. Any costs incurred where outstanding fees or disbursements are sought from a client will be to invoiced to the client.

Referral and Sharing fees

From time to time Linley James Solicitors is referred work from another business, engages another individual or business to assist with work. This could be from individuals, a non-solicitor firm or from another firm of solicitors. By arrangement we pay or share between 5% to 20% of the overall fees charged for a piece of work to the individual / business making the referral or undertaking the work as fee sharing. Where a matter has been so referred to Linley James Solicitors or fee sharing occurs will inform you of this. 

Newsletter

Our newsletter contains monthly updates on legal issues relevant to our clients. If you have suggestions as to possible newsletter articles please contact us. 

Quotations and Estimates

The estimates and quotations we provide in writing or verbally regarding a piece of work are to be treated only as an estimate or quotation and not a binding contract for the provision of services or legal advice at that cost. It remains an offer to conduct work until accepted by yourself, after that, a contract only arises to conduct a piece of work or part thereof as defined by the offer made and accepted by yourself. 

VAT and any expenses are chargeable against any costs unless otherwise stated. 

Work that is carried out subsequent to the original estimate which falls outside of the estimate can be charged at our usual hourly rates in addition to the accepted estimate or quote.

Additional fees may apply where the circumstances or nature of the required work directs urgency or complexity outside the original estimate. 

Where information or matters pertaining to the conduct of the matter which at the time of the estimate where unknown come to light during the conduct of the matter which by their nature create additional work, urgency or complexity, circumstances or information which we did not know or could not reasonably have anticipated at the time of the quotation or estimate (whether or not you were aware of them/it; or your, or your agents’, act or omission may be reflected in additional fees and costs. 

Commission

If we receive a commission from someone for the work we are undertaking for you, we will notify you of this and credit it to you unless indicated otherwise by yourself.

Financial Services and Insurance Contracts

Some of our clients require investment advice. These are regulated activities governed by the Financial Conduct Authority. If advice and financial services are required, we are able to signpost clients to service providers they may wish to consider. 

Tax Advice

Some of the work we undertake for clients has elements requiring tax advice and tax planning. We are not in a position to offer such tax advice or planning. We may, however, signpost you to services you may wish to consider. 

Data Protection and UK GDPR

We collect information and data from and about individuals regarding legal advice or information which is sought from us. All information and data provided to us is treated as confidential unless indicated by yourself. We are obliged to record and store client information and data for the purpose of providing legal services and regulatory compliance. 

Identity, Disclosure and Confidentiality Requirements

When taking on new clients, we are required to obtain appropriate proof of identity. Clients who refuse to provide us with relevant identification we may decline to act for. We may also organise electronic verification of your identity if we believe this would be time-saving and cost-effective. If such fees are charged, we will pass them onto you. If the search fees are in excess of £10 including VAT your prior agreement will be sought.

As mentioned solicitors are obliged to keep the client affairs confidential. There is a statutory exception to this regarding money laundering and terrorist financing. Such incidences place a legal duty on solicitors to disclose information to the National Crime Agency (Proceeds of Crime Act 2002). If we become aware or suspect a client transaction may involve money laundering, we are required to make a disclosure. 

Like most organisations, we are subject to audits and to quality checks by external organisations. On occasions, we do outsource work such as typing, photocopying, costings all research in preparation concerning matters. Information contained on your file will then become available in order to assist your legal matter. 

Regarding litigation, following the court and tribunal rules, relevant documentation has to be preserved and may under limited circumstances be made available to the other side; however damaging this may be to your matter. Such a procedure is subject to the disclosure rules contained in the civil procedure rules. Subject to our business terms we will not disclose confidential information about your matter. Circumstances may arise where we are ordered by the court, payment of your costs by opponents or similar matters where we are required to reveal details of the case, which involves revealing your personal information.

Quality standards

In order to maintain quality standards, we may become subject to periodic evaluations by external assessors or audit. On occasions, files are selected for evaluation. If you would prefer that your file is not selected for evaluation please would you notify us in writing you wish to withhold your consent. This will not affect how your file is managed. If you would like to discuss this further with us, please contact us. 

Storage of Papers and Documents

Once your matter has been completed, we are required to keep your file for a minimum of six years. After such time your file will be destroyed. This is a usual practice amongst legal professionals. Any papers you wish to retain yourself will be returned to you upon request. Documents you have requested for us to keep securely for you will be retained and not destroyed. There is no charge made for storage unless indicated. Where there is money owing to us for charges or expenses, we are entitled to keep paperwork and documents until such payments are made. Files are stored on the basis we have the authority to destroy them after six years unless indicated to us in writing.

It is becoming customary to scan documents, including images electronically and store them in this format. Such electronic documents and images will be stored for a minimum period of six years. Documents, including images, are electronically stored on the basis we have authority to destroy it after six years.

No responsibility arises on our part for the loss or damage of items we hold on your behalf. 

Where documents are stored, and you wish to retrieve these, we are permitted to make a charge for retrieval. We do not usually charge for retrievals where this relates to an ongoing matter or a new instruction from yourselves. A charge may arise where this involves reading or other work regarding compliance with your instructions. 

Professional Indemnity Insurance

Under the Indemnity Insurance Rules firms are required to take out and maintain qualifying insurance. Solicitors are required under the indemnity insurance rules to have suitable insurance. Such information regarding Linley James Solicitors insurance can be provided upon request. 

Liability for Negligence

If we breach your instructions, our liability is limited to the maximum amount of our indemnity insurance. Unless a higher amount is stated in accompanying documentation to these terms of business. We are not liable for any consequential, special, indirect or exemplary damages, costs or losses, or any damages, costs or losses attributable to lost profits or opportunities. We are not in a position where we may limit liability for death or personal injury caused by our negligence; we are permitted to limit our liability as the law permits. If you would like this to outline these provisions further, please contact us.

Termination

Your instructions to us may be terminated by ourselves in writing at any time. Likewise, if you wish us to no longer act for you, please notify us in writing. Where there is outstanding charges or expenses, we are entitled to retain your paperwork or documents until such time has these charges or expenses are paid.

If such circumstances were to arise that we could no longer act for you or that we declined to act for you, we would give you a reason for such an occurrence in writing. 

Any outstanding fees or charges will need to be settled. These will be calculated up to the point of termination or where we have declined to act or are longer able to act for you.

Consumer Protection and Entitlement to Cancel

There is an entitlement to cancel contracts you have entered into governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This entitlement permits you to cancel this contract within fourteen working days without giving any reason. In order to exercise your entitlement to cancel a contract you should deliver or send us a cancellation notice, an example is given at the end of this section. This notice should be delivered or sent to The Much Hon. Craig Ward of Lundie at our administrative office Linley James Solicitors, 105a Euston Street, London, NW1 2EW or 0207 060 1210 who is our partner responsible for such matters. 

If you want to withdraw instructions, you should notify us by telephone or letter, but not by email. 

We are required under regulations to inform you where work is likely to take more than 30 days. If you are a client and we have made a contract with you by electronic means, you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/odr. 

To: The Much Hon. Craig Ward of Lundie at Linley James Solicitors, 105a Euston Street, London, NW1 2EW.

I / We hereby give notice that I/we wish to cancel my / our contract for the supply of legal services.

Contract concluded on

Signed 

Name

Address

Date

Commencing work during the 14 day cancellation period 

If you require us to undertake some urgent work for you before the cancellation period expires, please request that we do so. By accepting these business terms and conditions, this amounts to your consent. If we start work with your consent within the 14 day period, you lose your entitlement to withdraw. 

If with your consent we start work on your matter during the 14 day cancellation period and then you subsequently seek to cancel the contract, we will be entitled to charge for the work we have carried out up to the time when we are notified you wish to cancel the contract. 

Effects of cancellation

If you cancel this contract within the 14 day period, this terminates our contract and our obligations under this contract. If a contract is cancelled, we will reimburse payments we have received from you, less our fees and VAT for the work carried out. We will undertake to make reimbursement of fees within 14 days of being notified of cancelling the contract. Unless notified we will make reimbursement the same way as we received the payment unless notified in writing by yourselves otherwise. 

Limited Companies

When we accept instructions to act on behalf company’s or LLPs, we may ask the director, member person with significant control to sign a personal guarantee in respect of our fees and expenses. Where this is declined, we may consider to no longer act for the company or LLP.

Applicable Law

If there is a dispute or legal issue of any kind however it occurs arising from our terms of business or the matter being undertaken such disputes will be determined by English law and will be submitted to the exclusive jurisdiction of the English courts.

Terms & Conditions of Business

Unless otherwise agreed and subject to the application of then current hourly rates, these Terms & Conditions of Business shall apply to any future instructions given to us by yourselves, your successors or attorneys. 

Your continuing instructions to us in your matter will amount to an acceptance of these Terms and Conditions of Business. However, it may not be possible for us to start work on your matter until we have received one signed copy of these Terms and Conditions.

Provisions Relating to Litigation and Other Work in Relation to Disputes

This section contains information regarding litigation matters or dispute resolution. 

Once a litigation matter has been concluded, in many circumstances you may be entitled to recover some of your costs from the other party. A court order usually deals with such matters. 

The amount of recoverable costs will be directed by the court or agreed by the parties in the settlement negotiations. Please be aware that it is unlikely you will be able to recover the full costs of your matter on settlement or assessment. If there is a shortfall, you will be liable for this. If the other party is successful in any aspect of your matter, they may be entitled to recover some of their costs from you. The recoverable amount is agreed between the parties or by the court at the end of the matter. This amount will be in addition to our costs and expenses. If you are successful and a court orders another party to pay some or all of your charges and expenses, interest may be claimed from the other party from the date of the court order. 

It is possible to take out insurance to cover liability for such legal expenses. Please discuss this with us if you are interested in this possibility.

Some costs which are ordered by the court will need to be paid within 14 days of the court order. If these are not paid, there may be sanctions for non-payment.

Costs Proceedings

The responsibility to pay charges and expenses if pursuing to recover costs awarded to you rests with you. If we are instructed to represent you at hearing, any negotiations / formal assessment procedures to determine amounts payable by you to another party will be on terms as agreed with yourselves at that stage of the proceedings. Such costs, charges and expenses are payable in addition to any other costs and expenses incurred by ourselves on your behalf. 

Fraud & Cyber-Crime Awareness

Linley James Solicitors is aware of fraud and cyber-crime. Our bank details are provided at the outset of new matters where we are asking for the transference of money to ourselves.  

We will not email or phone you informing you our bank details have changed. If our bank details were to change, we would notify you in writing by post. If you receive an email or phone call suggesting our bank details have changed, please contact us so we can investigate this further. If you are transferring money to ourselves and you have concerns please contact us first. 

Please be aware, Linley James Solicitors will not take responsibility if you transfer money to a wrong bank account.

Trusts

If we are drafting a Trust for you please be aware that all Trusts now need to be registered with HMRC. We can will register the Trust for you upon your instructions. In order to do this we may ask for additional information to assist with registration.

Transference of money

Linley James Solicitors only transfers money to clients or other nominated persons on the basis of written instructions, not by email authority. This is to ensure client security. If you wish us to transfer any money to yourself or a third party this must be conveyed to us in writing, signed by yourself or your nominated attorney, not by email or phone call.

Confirmation of Acceptance

I/We confirm that I/we have read, understood, and accept these Terms & Conditions of Business;

I/We agree to my/our details being retained on a computer database;

You may accept instructions from either one/any of us on behalf of us both/all of us in connection with all matters undertaken on our behalf and to any related matter (please delete if not applicable).