Terms of Business Guide

Our aim is to give you the best possible service.

This guide explains our terms & conditions

of doing business with our clients.

Service Quality

We provide access for our clients to a comprehensive range of services and expertise tailored to meet your individual needs.

We are members of LawNet, a network of legal practices throughout the UK. This gives us access to a wide range of expertise and contacts in other jurisdictions.

Contact with us

We are here to help you deal with any legal issues efficiently and effectively.

We are happy to arrange an initial meeting with you to decide how we can help you. In some cases there may be no charge for the initial meeting, or part of it, but this should be agreed with the solicitor involved at the outset.

Once we have been instructed by you we will keep you informed of progress. We will make contact with you if we require any further information and similarly we would expect you to contact us if your circumstances change.

Instructions

You may instruct us either in writing or verbally. If verbally, we may ask that your instruction to us is confirmed in writing. We can only act on the information you give us so it is important that all relevant information is given to us from the start.

Charges

We like to give clients an estimate of the cost of work we are undertaking on their behalf.  This can be difficult as in some cases the matter may continue over a lengthy period and the circumstances may change. In many cases fees are charged on the basis of the time spent by us but they will also take into account the value, complexity and urgency of the matter.

Our fees are based on a Schedule of Charges which relate to a variety of factors including chargeable time spent on carrying out work on your behalf. A copy of this Schedule of Charges is available on request and is also available on our website.  Our fees are subject to VAT and our VAT number is 268 4898 90.

If at any time during the process we are required to amend the fee estimate we will contact you at the earliest opportunity.

How long will the work take?

At our initial discussion we will, where possible, give you our estimate of the probable timescale. In many cases this is dependent on our obtaining co-operation from other organisations and firms.

As with the fee estimate, if circumstances change which affect the timescale we will advise you.

Confidentiality

As you would expect, all information which you pass to us is kept confidential and will not be disclosed to anyone else except where you have authorised it or where it is required by law.

Accounts

In certain cases we may ask for a payment to account for work to be undertaken.  Where we have not taken fees at regular intervals we will issue our fee note at the end of a matter. Payment is due within 30 days of the date of the fee note and we reserve the right to charge interest at 4% over The Royal Bank of Scotland Base Rate on overdue accounts.  Where we receive sums which belong to you we shall be entitled to deduct from these sums all outstanding fees and outlays before sending you the balance.  Where we make payments on your behalf you will be required to reimburse us within seven days of your receiving a request for payment.

Receipt of Money

Cleared funds must be made available to us before we can make any payments on your behalf. Any money received from you to enable payments to be made on your behalf must be paid to us either by direct transfer or by cheque. If payment is made by cheque we must receive this from you no later than seven working days before it is to be paid out on your behalf.

Deposits

Where we receive money on your behalf, and it appears likely that we shall hold this for a reasonable time, we shall place the money in a designated account in The Royal Bank of Scotland unless you instruct us otherwise. Interest on this money, subject to tax as appropriate, will be paid at The Royal Bank of Scotland Corporate Rate in force from time to time.

In addition to the interest that you receive, Miller Hendry will receive interest from The Royal Bank of Scotland based on the global amount invested for all our clients. This does not affect the level of interest that is paid to you.  Further details are available on request.

Money Laundering Compliance

As required by law, we have in place procedures which are designed to prevent Money Laundering. These procedures include obtaining and updating satisfactory evidence of the identity of our clients. This must be produced before we are able to process any work on their behalf. Sometimes we can speed this process up by the use of electronic verification of a client’s details.

Please note that by accepting our terms of business you are consenting to such a check being carried out if necessary. Although this is not a credit check, information may be shared with a credit reference agency who may retain it on their file. In all cases where money laundering procedures are required we charge a fee of £20 + VAT to cover our costs in this regard.

Independent Fee Assessment

Should you be dissatisfied with the amount of a fee charged then you can ask that we have the Auditor of Court review your file and set an appropriate level of fee for the work done (known as taxation). Where that happens you and we are bound by the fee fixed by the Auditor.

If the Auditor reduces the amount of our original charge to you then we will charge only that reduced amount and we shall pay the Auditors' costs. If he confirms that our fee is correct or indeed undercharged you will be responsible for the Auditor's costs and our fee.

Private Limited Companies

If the instructions we receive are from a Private Limited Company then, unless otherwise agreed with you in advance, it is a condition of accepting those instructions that the Directors of the Company are jointly and severally liable along with the Company for payment of our fees and costs and any interest which might arise.

Liability

We shall assume that where we act for more than one person but we receive instructions from only one, that person has the authority of the other(s) to do so. Each person for whom we do work is equally responsible for the instructions given to us and for payment of our fees and outlays in connection with the matter.

Conflict of Interest

Where conflict of interest arises, the matter is governed by professional rules and guidance and the code of conduct of the profession.

Where such a situation is identified it will usually occur in relation to a matter where we have more than one interest. In particular circumstances this does not mean that we cannot continue to act, but both parties for whom we act must be aware of the situation and we will advise you in writing where such a case occurs.

If, however, the conflict is such that it is not appropriate for us to continue acting, then either one or both clients must be advised to consult another solicitor.

Change of Agency

If at any time you decide to change your solicitors or withdraw your instructions, then you are of course free to do so but you will be responsible for all our fees and outlays due up to the time of such a change.

You should be aware that we are entitled to hold your title deeds and files, or other relevant papers, until our fees and outlays have been paid.

Client Relations Partner

If you are unhappy about the quality of service provided or any other matter, then you should in the first instance discuss it with the solicitor with whom you have been dealing.

Alternatively, if you would prefer, you can raise the matter with our Client Relations Partner. He will ensure that any complaint you make is fully investigated and that you receive a response within ten working days.

If you are still dissatisfied you may take up the matter with  The Scottish Legal Complaints Commission, The Stamp Office, 10 - 14 Waterloo Place, Edinburgh EH1 3EG  Tel: 0131 528 5111 or e-mail enquiries@scottishlegalcomplaints.com.

You can also take the matter up with The Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh EH3 7YR Tel : 0131 226 7411.

Professional Indemnity Insurance

Professional indemnity insurance cover is provided under The Law Society of Scotland’s compulsory Master Policy.  The cover is provided by a panel of insurers with the lead insurer being Royal & Sun Alliance Insurance plc.  The lead insurer’s address is 200 St Vincent Street, Glasgow G2 5SG.  Coverage is worldwide. 

Copyright

All copyright in documents we produce is reserved to us. Advice given and documents prepared are for your use only and may not be copied or used by any third party without our express written consent.

Law Society of Scotland

We are a legal partnership and are members of The Law Society of Scotland and are subject to its professional rules.  We are subject to the Standards of Conduct Practice Rules for solicitors in Scotland.  The Standards are accessible on www.lawscot.org.uk.

Office hours

Our offices are open Monday to Friday from 9am until 5pm. Our Property Shops are also open on Saturdays. Please contact any Property Shop for details. We have an answering service to take calls outwith these times and we can also arrange to meet you outside normal office hours.

March 2010