GENERAL
 
These terms shall constitute our agreement to act as your Solicitors with regard to any instructions received from you and shall continue until terminated.

We reserve the right to amend the terms of this agreement in such manner as may be required to comply with legislative changes or changes to the rules or requirements of our governing body, The Law Society.

Additional or alternative terms may be agreed between us and these will be set out in a separate letter or quotation. In the case of any conflict between these standard business terms and the terms of any letter or quotation from us, the terms of the letter or quotation shall prevail.
 
THE BEST RELATIONSHIP
 
We want the best relationship between us in helping you with your matter and this leaflet tells you:-

1.    When our offices are open
2.    Information about our charges
3.    The service we provide you
4.    How you can help us to offer the best service
5.    What to do if you are unhappy about the way your matter is being dealt with.

Our offices are open from 9.00 am to 5.00 pm on Mondays to Fridays excepting Bank Holidays, but if you have significant difficulty in attending during our normal opening hours, please enquire about the possibility of an appointment at home or outside our normal opening hours.

The status of the case-worker principally responsible for the conduct of your case is indicated in your Client Care Letter and you will be notified if the identity of that case-worker changes during the conduct of your matter.

Please note that case-workers other than the one with overall charge of your matter may be assigned to undertake the day to day handling of some or all of the work, both to ensure that your file is handled promptly and efficiently and to ensure that the work is carried out with an appropriate degree of expertise.
 
OUR PROMISE TO YOU

Where possible we aim to reply to correspondence within 5 working days.

As soon as reasonably practicable after the outset we will confirm in writing to you:

1.    Your instructions to us
2.    Any advice we have given
3.    What action we will be taking
4.    What action we need you to take
5.    The best information we can give as to the likely cost and how it will be met; and
6.    Any further information we need from you

During the matter we will:

1.    Keep you informed of progress
2.    Advise you of any delays and explain the reasons
3.    Explain the effect of any important documents
4.    Inform you if a cost forecast needs revising
5.    Explain any changes of case-worker affecting your matter; and
6.    If you so wish, send you copies of important letters (but please remember that it will cost more if you ask for copies of correspondence)

At the end of your matter we will:

1.    Write confirming the conclusion of it
2.    Explain any continuing consequences
3.    Render our bill with reasonable promptness
4.    Account to you for all money due to you and
5.    At your request send you any papers and property to which you are entitled, subject to any right to retain them if our bill has not been paid.

HOW YOU CAN HELP US

Here’s how you can help us to help you:

1.    Give us full and clear instructions, and keep us updated in respect of any developments.
2.    Tell us of any important time limits.
3.    Make sure we have understood each other correctly. Please ask if you are not sure about something.
4.    Deal promptly with any important question which may arise.
5.    Keep in touch regularly. Do not be afraid to ask for a progress report if you are worried about anything or do not hear from us when you expect to do so.
6.    Help us plan our working day. If practical, and unless it is urgent, send us a letter or e-mail rather than telephoning. Make an appointment if you want to see someone. Remember, avoid unnecessary calls and appointments – the more time we spend talking to you or writing letters the more it will cost.
7.    The efficiency with which we conduct a matter on your behalf depends heavily on your co-operation and the information you provide.
8.    Ensure you return to us promptly any forms or documents sent to you for signature. FAILURE TO DO SO CAN LEAD TO FINES IN STAMP DUTY LAND TAX CASES OR COURT SANCTIONS IN LITIGATION MATTERS AND PROBLEMS OF VARIOUS TYPES IN OTHER MATTERS.
 
JOINT INSTRUCTIONS
 
Where two or more people jointly instruct us to act on their behalf (for example, on purchase of a property) we will be entitled to assume that instructions given by one of them are given with the authority of the other(s), unless and until any of them instruct us in writing to the contrary, or unless the particular point to which the instructions relate is one in relation to which we have a clear duty seek confirmation from the non-instructing client(s).
 
Methods of Funding your  Matter/Case
There are various means potentially available for funding your matter, namely these are :-
1.    Public Funding  (what used to be known as Legal Aid)
2.    Private Payment
3.    Conditional Fees
4.    Legal expenses insurance and After-the-Event insurance

The method of funding agreed with you is outlined in your Client Care Letter.

PAYMENT ON ACCOUNT
It is the policy of this Firm to request monies on account for costs and disbursements which are likely to be incurred through the execution of your instructions.
Any monies paid on account by you will be retained by the Firm on your account and may be transferred to cover any outstanding invoices owed by you to the Firm, disbursements or your final invoice.







CHARGING & FUNDING INFORMATION

Our basic charge out rate within the Practice is as follows:-

Grade of Fee Earner    Hourly Rate

Partners, Consultants and Solicitors with at least 8 years post-qualification experience   
£195 per hour



Solicitors, Legal Executives and Licensed Conveyancers with 4 years or more post-qualification experience
   
£175 per hour

Solicitors, Members of the Institute of Legal Executives all with up to 4 years post-qualification experience
    £160 per hour

Senior case workers who are not Members of the Institute of Legal Executives, nor Solicitors
    £145 per hour

Trainee Solicitors, Paralegals and other junior case workers
    £110 per hour


In addition to our hourly rates, Value Added Tax is payable thereon at the rate applicable at the time the relevant work is done (which rate is currently 17.5%).

Any disbursements (i.e. out-of-pocket expenses which are incurred on your behalf) are also payable.

HOW ARE CHARGES DETERMINED?

1.    Generally, time spent in the conduct of your matter is chargeable, whether or not your matter proceeds to completion as you desire. It may be time engaged on the telephone, writing letters, dealing with documents, considering or preparing your matter, attendance at meetings or court, travelling or a number of other activities. Time is charged in units of 6 minutes each; a part unit will generally be rounded up to 1 full unit.
2.    Whilst the firm’s costs are based principally upon time expended, the firm reserves the right to increase the basic rate at which time is charged by a factor not exceeding 20%, to reflect the value, complexity or importance of the matter.
3.    Factors affecting the charges include the complexity of the matter, its value, the novelty of the issues raised, the skill, labour, specialised knowledge and responsibility involved, the number and importance of the documents prepared or perused, the place where and the circumstances in which the business or part thereof is transacted, and the overall importance of the matter to the client. This list is not exhaustive, but hopefully illustrates the variety of factors which must be taken into account when assessing charges.
4.    If we are acting on your behalf under a Conditional Fee Agreement, we will explain the agreement (and its effects in relation to our charges) to you before the agreement is entered into.

FORECASTS OF CHARGES
 
When or shortly after taking instructions we will endeavour to:
 
1.    Tell you the hourly charging rates to be applied in matters involving court proceedings or conduct of a dispute.
2.    Give (where reasonably practicable) an estimate of the level of charges to be made in other matters by means of a global sum or hourly rates, or a combination of both.
3.    Explain the possibility of varying the original forecast if circumstances require it.
4.    In certain cases your liability for legal charges may be covered by an existing insurance policy, or you may be able to purchase insurance cover in respect of your potential liability for legal charges. If you think either of these possibilities applies and the matter has not already been discussed with you, then you should ask us about these possibilities at the earliest opportunity.
5.    Our costs may be settled by credit or debit card, but clients should note that any payment made by credit card (but not debit card) will attract a surcharge of 2% of the sum it is desired to pay (with a minimum surcharge of £0.50 per transaction)

N.B.   Please note that you may set a limit to the charges and disbursements (excluding VAT) which we may incur without further reference to you. However, the relevant instruction must be given in writing and if not so given no limit shall apply. VAT is added to all our charges at the appropriate rate prescribed from time to time.
 
CLIENT ACCOUNT

Any compensation or other money received on your behalf will be held in our Client Account.  Subject to certain minimum amounts and periods of tie set out in the solicitors’ Accounts Rules 1998, interest will be calculated and paid to you at the rate and time from time to time payable on NatWest Plc’s Designated Client Accounts.  The period for which interest will be paid will normally run from the date(s) on which funds are received by us until the date(s) of issue of any cheque(s) from our Client Account.

INTEREST
 
It is a condition of this firm’s acceptance of instructions in any matter that the firm shall be required neither to pay nor to account for interest amounting to £50.00 or less on any client monies held except by special arrangement with the client concerned, which arrangement must in all cases be evidenced by a written acknowledgement on the part of Marsden Rawsthorn that such an arrangement has been made. No arrangement which is not so evidenced shall be deemed valid. The reason for this policy is that the administrative costs of dealing with an interest payment of up to £50.00 would result in us billing a sum equal to or in excess of the interest payable PLUS VAT on such sum. This policy is considered consistent with permitted contracting-out of the Law Society’s general rules concerning payment of interest in circumstances in which the client gives informed consent to such contracting-out.
 
INTERIM BILLING & PAYMENTS ON ACCOUNT

1.    We reserve the right to tender an invoice or request for disbursements (the payments we make on your behalf and on which we make no profit) either before or immediately after they are incurred.
2.    We have a general policy (though we reserve the right to deviate from it) of rendering interim invoices for non-legally aided work each 3 months, or (if earlier) when charges incurred on your account exceed a level of £500, for work done on your behalf, which also helps you to judge the level of expenditure being incurred.
3.    We reserve the right to ask you for a payment on account of work undertaken or to be undertaken, either at the outset of the matter or during the course of it.
4.    We will place any sum paid on account to your credit or use it in part payment of an outstanding invoice.
5.    We reserve the right to discontinue work on your matter (and any other matters being conducted on your behalf) until payment where either an interim account has been rendered or a request for payment on account of charges or disbursements has been made.

SETTLEMENT OF ACCOUNTS

It should be noted that:

1.    Invoices are due for payment immediately upon issue.
2.    Interest is chargeable at the rate allowed by statute from time to time on unpaid debts in the event of non-payment within one month of the date of the invoice.
3.    Costs and disbursements can generally be paid by cheque or by credit or debit card, but please note that charges are levied where disbursements are met by credit. Payments by cash of up to £1000 are also accepted, but in line with the safeguards which the firm has adopted against money laundering it is our policy not to accept cash payments in excess of £1000.
4.    If you are instructing us in the course of a business then we will charge statutory interest on our bills from the date that payment is due and seek an additional statutory fixed sum pursuant to the late payment of Commercial Debts (Interest) Act 1998.  Interest will be charged on a daily basis
5.    If a third party has agreed or been ordered to pay your charges, you will still be liable for those charges until the third party pays.
6.    Even if a Court orders your opponent in proceedings to pay your costs it is unlikely to mean you will recover all your costs. We will account to you for what we receive from your opponent BUT:
a.    our charges are payable by you even if, when a Court has awarded you costs, your opponent cannot or does not pay;
b.    if the amount recovered is less than the amount of our charges for the work done, we will not be bound to accept the sum recovered from your opponent in settlement of our charges;
c.    we will not normally take steps to enforce an order until our account for the proceedings leading to the making of the order has been settled.
7.    At the conclusion of the conduct of your matter by us no documents or property belonging to you will be released by us until all sums due to us have been settled in full.

COURT CASES
 
It should be noted that:
 
1.    If you lose your case you will probably be ordered to pay most (and possibly all) of your opponent’s costs as well as your own, unless you are in receipt of public funding (when such an order is possible, but not usual).
2.    Even if you win your case, your opponent:
a.    is most unlikely to be ordered to pay all your fees and expenses;
b.    may not be capable of paying such of your fees and expenses which he/she has been ordered to pay.
3.    If your opponent is publicly funded you will not normally be able to recover your fees and expenses even if you are successful.

DISPUTES OVER CHARGES
 
In the event of a dispute:
 
1.    You should refer the matter to us in writing setting out the reasons for your complaint.
2.    If  the dispute cannot be resolved then you can either:
a.    Ask us to apply to the Law Society for a certificate to establish a fair and reasonable figure for charges in relation to work done;
b.    apply to the Court for an order for assessment of our charges.

The right to ask for charges to be assessed or for a certificate to be issued may be lost unless a request is made by you within one month of the date of delivery of the bill in dispute. Further details of your rights are printed on the reverse of our invoices.
 
PUBLIC FUNDING

1.    We hold contracts from the Legal Services Commission to provide full public funding services in relation to Family work and Personal Injury work only . For work in other fields of law, we would refer you to an alternative supplier of legal services holding a contract from the Legal Services Commission, if you desire to investigate the availability of public funding.
2.    We charge privately for all work carried out prior to the issue of a Certificate that public funding is available unless Legal Help funding is available to pay for the work in question and you are eligible to receive Legal Help funding.
3.    We reserve the right to cease representing you if you fail to pay a contribution to your public funding or otherwise fail to comply with any requirements of the Legal Services Commission.

4.    Please remember that if you are receiving the benefit of public funding for your matter you are under a duty to inform the Legal Services Commission of any change in your circumstances.
5.    Please also remember that if you are eligible for receipt of assistance from public funds it is important that you make payment of any contributions  required  promptly and in full, as otherwise your eligibility may be lost and you may have to pay personally costs incurred and/or refund to the Legal Services Commission money paid out on your behalf, as well as rendering the contract with us liable to termination.

COMPLIANCE WITH THE PROVISION OF SERVICES REGULATIONS 2009

1.    Our VAT number is 906 8323 22.
2.    Details of our Profession Indemnity Insurance can be found in our reception at our Fulwood office at Faraday Court, Faraday Drive, Fulwood, Preston, PR2 9NB.  Details can also be found on our website at: www.marsdenrawsthorn.com/URL???
3.    Details of our Complaints Resolution Procedure can be found within your Client Care Letter.
4.    If you wish to access the professional rules for Solicitors, these can be found at www.sra.org.uk/rules/ (Solicitors’ Code of Conduct 2007).

External Agencies

For the efficient conduct of its business, my firm may employ external agencies to provide certain services such as typing, photocopying or printing, or storage of files.  If you have any particularly sensitive information which you require should not be provided to any of the external agencies used by the firm in the provision of its services then you should make me aware of that position immediately, as, in default of your doing so, you will be deemed to have authorised my firm to provide to external agencies for the purpose for which such agencies are used such information concerning yourself or your matter/transaction as it would be usual for us to supply.

In selecting any external agency used by the firm, it is the firm’s practice to consider :-

•    The general reputation of the service supplier
•    The need for a Confidentiality Agreement with the supplier
•    Whether it might be appropriate to view the supplier’s premises
•    Whether it may be appropriate to inspect the supplier’s security and confidential procedures and processes
•    Whether the supplier is agreeable to provision of an indemnity to the firm against any financial losses arising from a breach of the firm’s duty of confidentiality to its clients
•    Ensuring that the firm’s insurers are aware of the nature and extent of the use of external agencies for the provision of services to the firm.

The firm also reviews its security arrangements in relation to external agencies on a regular basis.

Limits on Actions to be undertaken for you

In the event that your matter involves litigation before any Court or Tribunal, you should note that it is my firm’s usual practice not to undertake any significant advocacy work, and if such advocacy is required this will be undertaken either by a Barrister (after prior consultation with you) or by you personally.

Choice of Barristers and Experts

My firm maintains a list of barristers and expert witnesses who have given us good service in the past.  If, during the course of this matter, it becomes appropriate to instruct a barrister or expert, one would be selected from such lists, unless there was no-one on such lists with the required skill, experience or expertise, in which case enquiries would be made of such reputable sources as I may consider most appropriate at the time to identify an individual possessed of the required qualifications for instruction on your behalf.

WHAT TO DO IF YOU ARE DISSATISFIED GENERALLY
 
1.    Tell us if you feel you are not receiving the service you hoped for. We want to know if you are dissatisfied. We can then try to put it right, and will look into it promptly and thoroughly
2.    Our complaints procedure is as follows:
a.    Mention your dissatisfaction first to the person responsible for the conduct of your matter.
b.    If this does not result in resolution of your complaint write to our relevant supervising Partner.
c.    If you are still unhappy after that, ask for details of the firm’s complaints procedure.
 
File Review and Disclosure of Information

In the interests of provision of a quality service our firm from time to time invites an external accreditation agency or agencies to review its systems and practices, to ensure that high standards of service are being maintained. In addition, routine visits from our professional standards regulator, the Solicitors Regulation Authority, take place from time to time. On such occasions we need to be able to allow the relevant agency or the Solicitors Regulation Authority to review samples of our files of their choice, which clearly raises the issue of client confidentiality. As we believe     these file reviews are of vital importance to the service our clients receive, and as any information derived from review of a file has to be treated by the reviewer with the same degree of confidentiality as it would be by a member of our own staff, we normally require that as a condition of agreeing to undertake work on a matter we should receive the consent of the client concerned at the outset to our file being produced for review if required. Please note that by signing and returning a copy of this letter as requested below, in the absence of any specific agreement between us to the contrary, you will be deemed to provide your irrevocable consent to our being able to produce our file relating to your matter for inspection, if so requested, by an external accreditation agency or by the Solicitors Regulation Authority.

STORAGE/RELEASE OF ORIGINAL FILE PAPERS

At the conclusion of our conduct of your matter, if you require the return of any file papers please let us know when arranging payment of your final account or as soon as possible after the matter is finished.  If no request is made within one month of the file on your matter being closed (which will normally occur when the final bill is settled) your file will be sent to storage.  We make a standard charge for storage. In the case of most files storage is for a limited period only (usually seven years) though some files, due to their nature, will be kept indefinitely. When the relevant period for which a file is required to be stored expires the file will be destroyed.
 
STORAGE/RELEASE OF DEEDS AND WILLS

We will store your Will or title deeds or other important documents on request, but please note that in common with the usual practice of banks and building societies we make an administration charge on withdrawal or removal of such items from our storage system (even if withdrawal or removal is temporary).  The charge is reviewed annually and you should ask if you wish to know the current rate of charge.




FINANCIAL SERVICES & DISTANCE SELLING REGULATIONS

1.    We are not authorised under the Financial Services and Markets Act to undertake the conduct of Investment Business.  Because we are not authorised by the Financial Services Authority to undertake such dealings, we will generally assist you in accessing a full range of Investment Business services, including expert advice, through our contacts with other professionals. However, we can offer a limited range of investment services to clients, provided they are closely linked with the legal services we are providing to you, because we are regulated by the Solicitors Regulation Authority. Sometimes conveyancing /family/probate/company work involves dealings with such investment work.
2.    No direct fee will be charged by us for advice on how to access expert advice on financial matters.
3.    In the event of our receiving a commission or fee from a third party following the introduction of your investment business to them we will give you an indication of the amount of commission or other payment received by us and, if so agreed in writing, we shall retain such commission or other payment to cover time spent in dealing with the matter.  In the absence of a written agreement for us to retain commission earned, such commission will be paid to you.

RIGHT TO CANCEL

If your instructions have not been given at a face-to-face meeting, you will generally have the right to cancel those instructions without any cost to you within seven working days of the written confirmation of your instructions and a copy of these Terms & Conditions being received from us. In such case you may cancel the agreement by either delivering or posting a note to our office cancelling your instructions, or by sending such note by fax or e-mail. However, you may not cancel the agreement between us once we have, with your permission, started to do work on your behalf. You are, of course, free to withdraw instructions from us at any time when you would be liable for payment of our charges for work already done on your behalf.

TIME FOR COMPLETION OF YOUR MATTER

Nothing in the contract between us shall require us to complete the work we undertake on your behalf within thirty days, or any other specific time period, from formation of the contract between us, but this does not relieve us of our obligation to conduct your matter with all due diligence.

SALES OF GENERAL INSURANCE

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 Website at www.fsa.gov.uk/register.

The Law Society of England and Wales is a designated professional body for the purposes of the Financial Services and Markets Act 2000. The Solicitors Regulation Authority is the independent regulatory arm of the Law Society. The Legal Complaints Service is the independent complaints-handling arm of the Law Society. If you are unhappy with any insurance advice you receive from us, you should raise your concerns with either of those bodies.

We only select products from a limited number of insurers for defective title insurance contracts, but we are not contractually obliged to conduct business in this way.  We do not receive any commission from the insurers whose products are selected.  We will provide details of those insurers from whom we procure defective title insurance contracts on request.
 


MONEY LAUNDERING (Protection from Fraud)

We are required by the Law Society to verify your identity.  Normally, this will be done by electronic means, over the internet, using a facility known as CallML, and a charge will be made for these checks which will include any fee charged to us by any such external agency. Your instruction of us to act for you amounts to the deemed grant of your consent to the conduct of an electronic identity verification check.

CallML is an arm of Callcredit PLC and in accordance with the law you are hereby notified that its address is: The Consumer Services Team, Callcredit PLC, P.O. Box 491, Leeds LS3 1WZ.

Please note that if circumstances appear to require additional or alternative checks to be made for the verification of your identity then you may be required to produce documents yourself and/or to answer questions directed to the verification of your identity.

If you are uncertain about any matters, please do not hesitate to contact us for clarification.

You should be aware that, by virtue of the Money Laundering Regulations, we are placed by law under certain strict obligations with which we must comply.

1.    PROOF OF IDENTITY

Marsden Rawsthorn will generally, where possible, rely on a facility known as CallML to conduct the appropriate money-laundering checks in respect of clients who are non-corporate individuals. The providers of the CallML facility charge a fee for the service and it is the policy of Marsden Rawsthorn to make a charge (on which VAT is payable) to its clients of a fixed sum by way of costs for the making of the necessary checks. This charge is, however, inclusive of the fee charged to Marsden Rawsthorn by CallML’s providers. By accepting these Terms & Conditions you agree to pay to Marsden Rawsthorn its standard fixed charge (not exceeding £10 for each individual) for checking your identity through the CallML facility to fulfil the firm’s obligations under the regulations relating to Money Laundering.

The firm’s obligations under the regulations relating to Money Laundering in respect of dealings with corporate clients (including limited liability partnerships) will require the firm to undertake money-laundering checks through CallML on a variety of individuals in the manner and at the costs referred to above, and, in addition, to make checks in respect of the corporate client itself, which may involve the necessity for payment of fees to Companies House and/or other entities operating services in relation to corporate bodies similar to those which CallML provides in relation to individuals. Again, in these cases, it is the policy of Marsden Rawsthorn to make a charge (on which VAT is payable) to its clients of a fixed sum per individual and per company by way of costs for the making of the necessary checks. In these cases the costs involved are impossible to predict at the outset with certainty, though we will try to give a reasonable estimate before the costs are incurred.

Please note that if circumstances appear to require additional or alternative checks to be made for the verification of your identity then you may be required to produce documents yourself and/or to answer questions directed to the verification of identity.

2.    CONFIDENTIALITY
Solicitors are under a professional and legal obligation to keep the affairs of clients confidential. This obligation, however, 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 transaction on behalf of a client involves money laundering, the solicitor may be required to make a money laundering disclosure. If this happens, we may not be able to inform you that a disclosure has been made or of the reasons for it.

3.    CASH
Our firm's policy is to only accept cash up to £1,000. If clients circumvent this policy by depositing cash direct with our bank we reserve the right to charge for any additional checks we deem necessary regarding the source of the funds.

4.    DIRECT BANK PAYMENTS
It is our policy, in the event of funds being received into our bank from a source other than our client and without prior agreement with us (or request by us to the paying party) to retain the funds unused until either the source of the funds has been established as legitimate or until we have sought and obtained approval from the Serious Organised Crime Agency to part with the funds. Accordingly, you are requested not to give details of our bank account to third parties unless necessary for the purposes of your transaction, and to discourage any third party from paying funds into our account on your behalf or to your credit without our prior agreement.


GOVERNING LAW
 
The agreement between us is governed by English law and you agree to submit to the exclusive jurisdiction of

PROFESSIONAL INDEMNITY 

Under the Provision of Services Regulations 2009, we are obligated to provide details of our Professional Liability Insurance:-