Standard terms and conditions
I will do my best to provide you with prompt advice throughout. Rest assured that all letters, e-mail and telephone calls are responded to as soon as possible, and any information received in connection with your case will be sent to you without undue delay.
I am always happy to visit you in order to take instructions, either at your home address or elsewhere if you wish. Please note that although I practice from home, I am not authorised to consult clients here for various reasons relating to planning, insurance and tax implications.
FEES
My charges, like those of all solicitors, are based on a number of different factors, including the time spent in dealing with the case adequately, the specialised knowledge required, the complexities of the issues involved, and the circumstances in which the work itself is conducted (e.g. on an immediate and urgent basis).
The most important of these factors is the amount of time spent in dealing with your case.
I am a Solicitor and a sole practitioner, and my current basic standard charge out rate depends on the complexities of the case. A specific charging rate is always available on request.
Charge out rates apply to all the work done on your case, including time spent on the telephone, reading incoming post, dictating outgoing letters or e-mail, preparing file notes of meetings, perusing and/or drafting documents, preparing instructions and briefs to Counsel, researching law where necessary, attending conferences with Barristers, attendances at Court, meetings with you, or other people connected with the case, taking statements from witnesses and so on.
As well as the charges made by this firm, disbursements such as the fees of Barristers and experts (if instructed) and Court fees may also be payable in order that matters may proceed. I will advise if and when such factors apply to your case.
In litigation cases it is almost impossible to forecast accurately the amount of time that will be spent on the matter. Much depends on the attitude of the other party, the volume and complexity of any documents or information involved and the time required for preparation and in Court. If the case settles at an early stage, the total costs are much less. If you require a forecast for your own case at any time, please ask and I will do my best to give one. I bill regularly so that you are always well aware of the costs incurred.
I must emphasise that my charges are not contingent upon the outcome of your case. They are payable in any event.
PAYMENTS ON ACCOUNT OF COSTS AND INTERIM BILLS
It is standard practice in the legal profession both to require money on account (i.e. in advance) and to deliver regular interim bills.
I do not ask for payment in advance of work being carried out. I prefer to rely on prompt payment of bills by clients. THerefore, when I deliver a bill I ask that it is paid within 7 days, as Protecting cash-flow is vital to a sole practitioner such as myself.
If a bill is not paid within 1 month from the date of delivery I reserve the right to charge interest at the rate of 15% per annum on the outstanding sum (whether the bill is interim or final).
If any bill and any further monies on account are not paid in accordance with these terms of business, I reserve the right to deliver a final bill in respect of all work done and cease to act as your solicitor.
I must emphasise that, in any particular case, the final total charges will be dependent upon all the circumstances, in particular the total amount of time involved on the matter. This can seldom be foreseen with any certainty, but I will do my best to keep you informed as to the costs incurred as the case progresses. Furthermore, I will ensure that we always consider whether the costs you incur are proportionate to the importance or value of the case itself.
Recovering Costs Incurred From the Other Person in Your Case.
If you decide not to proceed with your case before Court proceedings are commenced, or if the case is settled before then, there is no rule of law requiring the other person in your case to make any payment towards your legal costs.
After Court action is commenced costs are largely in the discretion of the court, and in family law cases it is not common for the Court to order one person to pay the other=s costs, particularly in cases concerning children. If necessary, please ask whether an Order for costs is likely to be relevant in your case.
You always remain primarily responsible for payment of our costs. Even if the opponent in your case is ordered to pay costs to you, they may fail to comply with the Order. If they do not pay, then you will have to try to enforce the costs order (for example by sending in the bailiffs or obtaining a charge over property owned by them) and this costs more money and takes more time. Furthermore, if your opponent turns out to have insufficient money, or simply disappears, then you will not be able to recover any legal costs at all. .
Also, if your opponent receives Legal Aid, there are statutory controls on the amount of costs that can be recovered against them and it is unlikely that the Court will make an order that the other person contribute anything to your costs.
No matter how successful you are at the final hearing of your case and no matter that the other person is good for all the money which he/she is ordered to pay, he/she will only be ordered to pay your assessed costs (i.e. assessed by the Court). The Court applies different rules in assessing the costs payable to a Solicitor by his own Client and the costs that the other person in your case has to pay, there will nearly always be a shortfall between the costs you have actually incurred and the costs you recover from the other person in your case.
Even if at various stages of the case the Court does make costs Orders against the other party in your case, they will not be ordered to actually pay anything until the end of the proceedings. As I have explained, however, I require you to pay interim bills throughout the course of the case.
If you are unsuccessful you may also be liable for the other persons costs, as assessed by the Court, subject to the matters referred to above. Again, I will gladly advise you further on these matters in due course.
Termination
If at any time you wish me to cease work for you on this matter, you must please notify me in writing. I will then prepare a final bill in respect of all work done and deliver this to you without delay. Until that bill is paid I retain a lien over the papers. I will of course release the papers to any new Solicitors you instruct or to yourself as soon as our account is paid.
I reserve the right to stop acting for you as your Solicitor if:
You do not pay my costs, or money on account of costs, in accordance with these terms of business; or
I cannot continue to act without being in breach of rules of professional conduct; or
I am unable to obtain clear instructions from you; or
For any reason there has been a serious breakdown in confidence between us.
Acting on your behalf is a considerable responsibility for me, and instructing me is a significant financial and personal commitment for you. In order to do my best for you I have to have confidence in you, just as you are entitled to expect to enjoy confidence in me as your solicitor.
Should any such situation arise whilst Court proceedings are in progress, I will be obliged to obtain the permission of the Court before I officially stop acting for you, unless you consent. If you do not consent you may have to pay the costs of any application I make to the Court.
Problems.
If a problem arises at any time, please bring it to my attention. I will do my best to sort it out. In the event of your having any continuing complaint I will gladly provide you with details of the procedures which the Law Society has put in place to enable such matters to be investigated.
Conclusion.
I am sorry these terms and conditions are so lengthy but I am required by the Law Society to provide all such information at the outset of the case. If there is anything further arising from this letter which you wish me to explain or clarify please let me know.
I look forward to acting on your behalf.
Kelvin MacDonald Fraser
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