TERMS OF BUSINESS
SUMMARY of STANDARD TERMS OF BUSINESS
The following are a summary of our Standard Terms of Business. Upon instructing us you will be provided with a detailed Terms of Business Letter as required by the Law Society of Scotland setting out our Conditions of Business in detail including the scope of work we will undertake for your particular transaction and the charges involved, which will then apply in place of these summary terms.
Your business will be allocated to an
individual member of staff who will be your point of contact but should
you be unable to readily contact that person, please leave a message
with their PA, or indeed discuss the matter with one of their
colleagues, who will ensure that any necessary action is taken.
During any significant absences from the
office, such as holidays or illness, another member of staff will be
allocated to assume responsibility for your transaction and can be
contacted in the matter.
Our normal business hours are 9.00am to 5.15pm
Monday to Friday (5pm Friday).
Outwith these hours an answering service is provided for routine messages. We can often also provide appointments outwith these hours, subject to availability, where these are requested by you. Please note however that out-of-hours calls or meetings will incur additional charges beyond the fees quoted to you.
to Contact Us
primary method of contact for business using our On-Line Fee Quote
By e-mail – you will be provided with a direct e-mail address for the member of staff dealing with your business, while our central e-mail address is:- firstname.lastname@example.org
you can also contact us:-
In person or by letter at the addresses in the Contact Us section of this website – please make an appointment to ensure that the member of staff responsible for your transaction is available when you visit the office.
By telephone on the numbers in the Contact Us section of this website.
By fax on the numbers in the Contact Us section of this website.
we will Contact You
primary method of contact for business using our On-Line Fee Quote
e-mail – at the
e-mail address provided by you.
we will also contact you:-
By Letter – addressed to you at the postal address provided by you
By telephone on the number(s) provided by you.
The method of communication used in each
instance will be at our discretion in the individual circumstances. An e-mail address is required for any business dealt with
under our On-Line Fee Quote services and it is recommended that you
ensure that you are satisfied as to the reliability of your e-mail
service and that you download your e-mails at regular intervals.
Unless agreed otherwise, we will assume that you have indeed
received any letter or transmission of an e-mail which we have sent to
you by the next day.
Your contact details will be obtained from the details provided by you.
It is of prime importance to us that we
provide you with a quality of service which meets with your satisfaction
at all times.
This involves us providing you with a clear
explanation of progress regarding your business, applying the level of
expertise required for your individual transaction and providing a rapid
response to your enquiries. We
always endeavour to respond as quickly as possible with a target of
dealing with written enquiries within 3 working days and e-mails &
telephone calls by the next working day from receipt. Unforeseeable
circumstances such as staff illness, technical failures of equipment,
etc. may affect this.
Our quality of service is of course equally
dependent upon your own full & honest disclosure to us of all
relevant facts, providing us with clear and prompt instructions, and
acting upon advice and recommendations given.
In the unlikely event of you having any
concerns, at any time, as to the progress with, the handling of, or any
other aspect of our dealing with your business we must be advised
of these immediately in order that we can ensure that they are resolved
without delay and to your satisfaction.
Should we be unable to informally resolve matters to your satisfaction you should then request in writing that the issue is dealt with under our Quality Control Procedures which may involve a formal meeting with you to assess your concerns. Thereafter, should we still be unable to fully resolve matters we can arrange to invoke the Law Society of Scotland’s Client Conciliation procedures to broker an appropriate solution.
Basis of Fee Charging.
Fees are charged based on the time involved,
specific expertise, urgency and value of your transaction.
You will require to make a Payment to Account
when we commence acting for you, the amount of which will be agreed with
you, and this payment will be applied towards the total costs incurred.
In the event of our ceasing to act, you will be liable for any work already carried out on your behalf, while any outlays/disbursements paid on your behalf should be reimbursed when requested. Thereafter, unless otherwise agreed, an overdue account administration charge of £10 plus VAT per month is made plus interest at 5% over the Base Rate of the Bank of Scotland, and you will be charged at our standard rates for all work and correspondence involved in following up any overdue amounts. Payment may be made by cash, cheque or bank transfer although due to bank charges any payments of less than £20 are subject to a £0.50 surcharge.
Instructions From You.
Our policy is to accept instructions from you
in person, as well as by letter, fax, e-mail or telephone but we reserve
the option on all occasions to require from you written confirmation of
instructions. If sending
instructions by letter, fax or e-mail it is your responsibility to
ensure that the communication has actually been received by your
solicitor especially if it is time-critical. In the event
of instructions being received in person or by telephone, we will keep a
record of such instructions on your file and that record of such
instructions will be accepted by you as confirmation of the nature of
your instructions unless we receive prior written intimation from you to
the contrary in which event you will require to provide us with written
confirmation of all instructions before they are acted upon.
Please note that once instructions have been given, whether in
person, by letter, fax, e-mail or telephone, it may not be possible to
later alter, withdraw or vary such instructions if, for instance, we
have already acted upon or communicated the terms of such instructions
to a third party.
Where we are acting for more than one party or for a corporate entity, it may be necessary for us to act on instructions received from one party only, eg. a husband for both himself and his wife, one partner for the whole partnership or one director for the company, and all instructions are accepted on the basis that they are deemed to be given by and are binding upon all parties for whom we act, unless we have received prior written intimation from at least one party to the contrary. By instructing us to act, where you are a corporate entity, you are held to confirm that you have the authority of the corporate entity to so instruct us and that the individual(s) instructing the work personally guarantees the payment of our fees and costs.
Given to You.
Advice to you will be provided either in
person, by telephone or in writing and in the event of such advice being
provided in person or by telephone our file records of the nature of
such advice will be accepted by you as confirmation of the terms of such
advice unless we receive prior written intimation from you to the
contrary in which event we will confirm all advice in writing at your
cost and subject to your acceptance of responsibility for the delays
this may cause to your transaction.
The nature and content of any advice given to you is provided for your own use only and in relation to the specific transaction undertaken. No responsibility is taken in respect of the use of such advice by any other party or in connection with any other transaction and such advice must not be disclosed to or conveyed to any other party other than as is necessary for any other professional advisors involved in the transaction.
of Our Work & Responsibilities
We will provide advice on and undertake only
the work specifically agreed with you or detailed in our Scope of
Work, which advice will be accurate and correct insofar as existing
legislation, procedures and case law is concerned but no responsibility
can be accepted for future changes in legislation nor for any
unforeseeable or indirect consequences of such advice or actings.
Our responsibility is restricted to the specific areas of
business we have agreed to act for you in and does not include advising
you on any other matters whatsoever whether associated in any way with
that transaction or not, unless specifically agreed by us, nor in
respect of providing advice on any related or non-legal issues for which
you should consult the appropriate professional advisors such as
accountants, brokers, surveyors, etc.
If requested we can provide a referral to such other professional
advisors but, whether such advisor has been recommended to you by us or
not, no responsibility can be taken by us for their advice.
We will at all times carry out your transaction in a responsible and professional manner and in the unlikely event of any error or omission on our part we must be given a reasonable opportunity to remedy that error or omission at our own expense. We will not however, under any circumstances, be liable for unforeseeable or indirect losses nor for any losses in excess of the cover provided by the statutory Professional Indemnity Insurance maintainable in terms of the rules of The Law Society of Scotland. In the event that you do not settle your Invoice within the payment terms, it is agreed and you accept that our liability will be restricted to the amount of Fees and VAT actually paid by you.
The foregoing is produced with the assistance of a guidance manual issued under the auspices of the Practice Management/Client Care Committee of the Law Society of Scotland.
Thank you for choosing us to act for you. Your business is valued and we would assure you of our best attention at all times.
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