- INTRODUCTION
We aim to offer all our clients quality legal advice with a first class, personal service at a fair cost. As part of this process, we set out in this document, and the accompanying Letter of Engagement, the terms that will govern our relationship with you and the basis on which we will provide legal services to you. Together they constitute a legally binding contract between you and Tyndel Solicitors (‘Firm’). We are committed to promoting equality and diversity in all our dealings with clients, third parties and agents instructed on behalf of the Firm.
When we refer to ‘you’ and ‘your’ we mean the person identified as the client in the Letter of Engagement; any reference to ‘we’, ‘us’, ‘our’ or ‘the Firm’ is a reference to any Solicitor with conduct of your case at Tyndel Solicitors.
- HOURS OF BUSINESS
The normal hours of business are between 10:00 am – 6.00 pm Monday to Friday. Messages can be left on the answerphone outside those hours and appointments can be arranged at other times when necessary. Our client consultation office is based at Office 4571, 58 Peregrine Road, Hainault, Ilford, London, IG6 3SZ.
3.1 Responsibility for your work
The accompanying Letter of Engagement confirms the name and status of the person with conduct of your matter. However, Directors at the Firm, Tyndel Ezechi has overall responsibility for your matter. The Directors will supervise any work that may be undertaken by agents instructed on behalf of the Firm. We will try hard to ensure that we represent you personally throughout the course of these proceedings but if the named person with conduct of the matter cannot represent you at any stage of the proceedings we will tell you promptly of any change and why it may be necessary.
3.2 Standards
As part of our commitment to provide you with the highest level of service, we shall:
- represent your interests
- keep your business confidential (subject to limited exceptions as outlined below)
- explain in plain English and as succinctly as possible, the issues raised in your matter and the legal work that may be required
- discuss with you the possible outcomes of your case and merits including the prospects of a successful outcome
- keep you informed of progress
- provide you with copies of relevant correspondence and deal promptly with all communications
- provide you with regular and timely costs updates
- Send you interim bills, normally on a monthly basis, to help you budget for non-Fixed Fee.
3.3 Confidentiality
Solicitors have a professional and legal obligation to keep the affairs of the client confidential. This obligation is subject to a statutory exception. Legislation on anti-money laundering and counter terrorist financing has placed us under a legal duty in certain circumstances to disclose information in line with The Proceeds of Crime Act 2002.
Under the terms of POCA, Solicitors are under a very strict duty to disclose to the appropriate authority any knowledge or reasonable suspicion that a client may be involved in a criminal activity. This could range from, for example, drug trafficking and money laundering to tax evasion and benefit fraud. If we do not make such a disclosure in these circumstances, we may be held guilty of an offence under the Act. We may not be in a position to inform you, the client, that a report has been made if it could assist in the furtherance of the criminal activity or disrupt any investigation into the crime.
This duty to disclose would override the usual professional privilege and duty of confidentiality that exists between a client and his or her solicitor. It is very important that you appreciate and understand this obligation.
As part of our quality assurance procedures your file may from time to time be reviewed by a third party or by an external auditor. In addition, the firm is subject to external audits in line with the requirements of our professional regulator, the Solicitors Regulatory Authority (SRA) (www.sra.org.uk) to confirm our compliance with the SRA Solicitors’ Code of Conduct 2011 and the Solicitors’ Accounts Rules 1998. The firm will aim to obtain a confidentiality agreement with the third party. If you do not wish any information from your file to be made available in such circumstances, please let us know in writing. In the absence of any such notice your consent and authority to audit or independent review will be deemed to have been given.
3.4 Conflicts of interests
If during the course of a matter a conflict of interests prevents the firm from continuing to act for you, we shall inform you immediately and assist you in finding new legal advisers. You agree to pay the firms fees, disbursements and expenses to the date of any such transfer in accordance with these Terms of Business and the accompanying Letter of Engagement.
3.5 Scope of Engagement
The firm’s acceptance of this engagement is limited to the work we have agreed to undertake as detailed in the letter of engagement.
3.6 Disabled Access
If you propose to visit the offices and have any special needs, please advise us prior to your appointment. If an alternative location would be better suited for your needs, we can arrange this with you in advance.
- YOUR RESPONSIBILITIES
- Your role
You can help us to do our best for you in a variety of ways. This includes notifying the Firm in writing of any changes i.e:
– bringing all relevant papers to any appointment and informing us of any special needs relating to the service you want to receive
- telling us at the start what you expect so that we can agree with you what is likely to be achievable
- providing us with all appropriate information and telling us immediately if your expectations or circumstances change
- telling us immediately if you have personal time limits or targets which might not be obvious to us
- letting us know if any advice we have given is unclear or means of communication need to change
- Keeping us informed of any changes to your contact details whilst you are a client of the Firm, as we may need to contact you urgently.
4.2 Client identification and verification
In line with the provisions of anti-money laundering legislation, we must hold on each file, satisfactory evidence of the identity of each client. It is a condition of our acting for you that you have satisfied us that you have proved your identity. Details of evidence required can be found in your accompanying Letter of Engagement.
4.3 Responsibility for fees
Please note that you are responsible for paying our fees, disbursements and expenses whether or not a third party has agreed or been ordered to pay them. If you instruct the firm together with any other person or entity, you will be jointly and severally liable to pay our fees, disbursements and expenses with them.
5 COMMUNICATIONS
5.1 You acknowledge that the firm may communicate with you (or your nominated authorised representative) by post, facsimile, telephone or any electronic means (including email or instant messaging) as may be convenient in order to provide legal services to you from time to time.
5.2 Whilst the Firm will take all reasonable and practical steps to ensure confidentiality you acknowledge that these means of communication (particularly by electronic means) are not necessarily secure. By signing or accepting the covering letter you agree to the firm communicating by such means in delivering legal services to you.
5.3 If you do not wish to communicate with the firm by electronic means, please advise us in writing. We will then take all reasonable and practicable safeguards to communicate with you by other means, whilst maintaining confidentiality.
6 COSTS INFORMATION
6.1 The firm has agreed with you that we shall undertake our work for you on either:
- a fixed fee basis; or
- on the basis of hourly charge rates; or
The detail is provided in the accompanying Letter of Engagement.
6.2 Anti-money laundering check
As part of the initial enquiries, we may undertake an electronic Anti-money laundering check at a cost of £6 per person or £12 per company which is chargeable to you.
6.3 Disbursements (expenses)
Solicitors have to pay out various expenses (some of which attract VAT) on behalf of clients, including issue Fees and various experts fees. The firm refers to such payments generally as ‘disbursements’. Please note that:
- these costs are in addition to my fees and are not included in any estimate of costs regardless of type of funding
- these costs are fixed by others and we will charge you the amount we pay at the time
- unless otherwise stated in writing, we will require a payment in advance from you in respect of any third party fees.
6.4 Costs Estimates
If applicable, the Firm will provide you with an estimate of our costs in our Letter of Engagement. Depending on the nature of the matter, this estimate will cover:
- the costs for the overall matter; or
- the first stage of the matter; and
- it may include a limit of costs you wish us to incur before we review the position with you in advance of incurring any additional costs on your behalf.
The estimate is based on our initial understanding of the work that your matter will entail, which may change as the matter progresses. It is not always possible to provide an accurate estimate of anticipated costs in advance because the level of fees is, in part, dictated by the actions and responses of others who are involved in the case/ proceedings. We will keep you informed of our costs as the matter progresses and, where relevant, agree with you any amendments to the estimate before we incur costs that would exceed the agreed estimate.
6.5 Fixed Fees
If the firm has agreed to undertake your matter on a Fixed Fee basis, our Letter of Engagement will confirm the Fixed Fee agreed, will include a description of what we have agreed to do for that fee and will specify any conditions which may be applicable to the Fixed Fee agreement.
6.6 Hourly Charge Rate
If we have agreed with you that we shall undertake your matter on the basis of our hourly charge rates, our fees will be based on the time actually spent by us (or anyone instructed by the firm to do so) carrying out work on your behalf. This is charged on an hourly basis. The current hourly rate chargeable for our work is dependent on the status of the Fee Earner dealing with your matter. Time spent on your matter may include: considering, preparing, working and responding to papers and correspondence; meetings; making and receiving telephone calls; time spent travelling and waiting.
Status | Hourly Rate |
Directors, Solicitors, Legal Executives & other fee earners with over eight years’ post-qualification experience including at least eight years’ litigation experience | 301.00 |
Solicitors/Legal Executives & other fee earners with 4 years’ experience | 247.00 |
Other Solicitors/Legal Executives & fee earners | 185.00 |
Other fee earners & Paralegals | 155 |
Routine letters and telephone calls are charged as six minute units of time. Routine letters received are charged as three minute units (1/20th of an hour, 5% of the hourly rate). Non routine letters and telephone calls will be charged on the time spent basis. In addition to time spent, the Firm may take into account a number of factors, including the complexity of the issues and/or the speed at which action must be taken. Whilst at the outset of your matter, we would normally expect all such factors to be covered by our hourly rates, if the firm is of the view that higher rates are justifiable, we will inform you accordingly and before we make any such increase. All fees are exclusive of VAT if and when registered.
From time to time, but at least annually on 1 January, the firm may review the hourly rates. We will notify you in writing of any variation in the rate before it takes effect.
7 INVOICES
7.1 Invoices are due for payment within 28 days of the invoice being sent to you. Late payment may result in interest being charged at the current judgment debt rate on the unpaid invoice amount. Interest will be calculated on a daily basis starting from 28 days after the invoice was sent.
7.2 Depending on the nature of your matter, we will normally send you interim bills, typically on a monthly basis, to assist you with your budgeting. The accompanying Letter of Engagement will provide the necessary detail. If you have any queries about our invoice, please contact us. If we are unable to answer your queries to your satisfaction please refer to Section 12 below for guidance.
7.4 If you fail to pay an invoice, the firm is entitled (subject only to our obligation to the court and our professional body) to terminate our relationship with you. We are also entitled to exercise a legal right (known as a solicitors’ lien and referred to in these Standard Terms of Business as “our Solicitors’ Lien”) to hold your papers and documents until such time as our outstanding invoices are paid in full.
8 OUR LIABILITY TO YOU
8.1 Professional Indemnity Insurance: Limitation on liability
This firm has Professional Indemnity Insurance under which the firm is insured against any loss or damage caused by our negligence up to the limit of £3 million. You expressly agree to limit any single claim against this Firm arising from any one matter to such limit of £3 million.
8.2 This Firm shall not be liable to you for any loss of business, profit, data, goodwill or reputation, loss of any anticipated savings or gains or any special, indirect or consequential loss for any loss, damage or delay arising out of our compliance with any statutory or regulatory requirement if this is unable to perform legal services as a result of any cause beyond our reasonable control.
9 REGULATORY MATTERS
9.1 This firm is regulated by the Solicitors Regulation Authority (SRA). Our services will be performed in accordance with the Solicitors’ Code of Conduct, details of which can be found on the SRA website at www.sra.org.uk.
9.2 Data Protection/Privacy Policy
This Firm will use information about you which you or other people have given, to provide legal services, for administration, for legal and regulatory compliance and for marketing, including telling you about our services, events and publications. Our use of that information is subject to your instructions, General Data Protection Regulation (GDPR), the Data Protection Act 2018 and our duty of confidentiality. For detailed information on privacy policy, please refer to our privacy notice under GDPR and Data Protection Act 2018 as enclosed with this letter.
9.3 Anti-money laundering
As a consequence of the Money Laundering Regulations, we are required to provide you with the following information regarding anti-money laundering: –
9.3.1 Client identification and verification
We are required by law to carry out certain checks to verify the identification of the Firms’ clients. Where we act for individuals, the requirements for each person are for us to take a copy of the following original documents:
- either your current passport or driving licence (provided it has a photograph); and
- a current utility or similar bill with your name and home address on it (which must not be more than three months old);
- Where we are jointly instructed by a co-habiting couple, two different joint bills will suffice for instructions by a co-habiting couple jointly instructing, one of which should be your council tax bill.
- If you are a minor child then different rules will apply.
9.3.2 Payments by cash and personal cheque
To enable us to comply with anti-money laundering legislation and for general security reasons, we have to limit the amount of cash we are prepared to accept during the course of your transaction.
The maximum amount of cash this firm is able to accept as a single payment is £300 up to a maximum of £500 for a given matter for a client. Beyond this, any payments to us must normally be by way of cheque subject to cleared funds or preferably bank transfer to our account(s).
We can only receive monies if they relate to the conduct of legal work by the firm in connection with the matter we are dealing with on your behalf. We are not able to act as a banker by simply receiving and/or forwarding funds.
9.3.3 If you seek to withdraw instructions, you should give notice, by email or letter, to the Firm.
10 TERMINATION OF INSTRUCTIONS
10.1 You may terminate your instructions in writing at any time. You may decide to terminate your instructions for a number of reasons. For example, if you cannot give us clear or proper instructions on how we are to proceed, or you may decide through personal reasons not to proceed.
10.2 In some circumstances the Firm may decide to stop acting for you, but only with good reason. For example, if we are professionally unable to follow your instructions, if you fail to provide suitable instructions, if you do not pay an invoice, if you do not comply with our request during the course of this matter for a payment on account, or in the event of a breakdown in confidence between you and us.
10.3 The Firm will normally give you reasonable notice that we will stop acting for you.
10.4 In the case of clients for whom we are acting on the basis of Hourly Charge Rates, there are circumstances where we will request the Court to approve our decision to stop acting. In such a circumstance, we may need to provide otherwise confidential information to a Judge or other Court officer.
10.5 If you, or we, decide that we will no longer act for you, you agree to pay our fees for work completed up to the date we stop acting, together with any disbursements, on the basis set out above.
11 STORAGE OF PAPERS AND DOCUMENTS
11.1 At the conclusion of your instructions you are entitled to request the return of your papers. Subject to our Solicitors’ Lien, which entitles the Firm to keep all such papers and documents while there is money owing to us, we will return to you, at your request, your file of papers consisting of all correspondence sent and received on your behalf and copies of relevant documents produced and received during the course of your instructions.
You are not entitled to and we will not deliver to you copies of internal emails, notes, memoranda, drafts and other documents prepared for our internal purposes.
11.2 If you collect all such documents, no charge will be made. However, if you instruct the Firm to send the documents to you or elsewhere or additional work is otherwise involved, we will be entitled to make an administration charge of £25 in addition to the cost of sending the documents to you.
11.3 With the exception of any of your papers and documents which you ask to be returned to you, we will keep our file of matter(s) in paper or stored electronically and shred the paper. The file is kept on the understanding that the Firm has the authority to destroy it six years after the date the file is archived without further notification.
11.4 The Firm reserves the right to make a charge based on the time spent on reading papers, writing letter or other work necessary to comply with your instructions.
12 CONCERNS
12.1 The Firm is confident of providing a high quality legal service to our clients. However, if you have any queries or concerns about work undertaken for you or about an invoice, please raise them with us immediately. We value our clients and would to know if you have reason to be unhappy with us. We will do our best to resolve any complaints that you may have.
12.2 A copy of our Complaints Handling Policy and Procedure is available, on request. We always aim to handle any complaint fairly, effectively and in accordance with our Complaints Handling Procedure. In the event that you do not feel, at the conclusion of the Complaints Handling Procedure, that we have addressed your complaint to your satisfaction you have a right to refer your complaint to the Legal Ombudsman, who can be contacted on their helpline, 0300 555 0333, via email at [email protected] or in writing to PO Box 6806, Wolverhampton, WV1 9WJ.
12.4 If your complaint relates to an invoice, you may also have a right to object to the invoice by applying to the court for an assessment of the invoice under Part III of the Solicitors Act 1974. We must advise you that if all or part of an invoice remains unpaid we may be entitled to charge interest.
12.5 Any complaint to the Legal Ombudsman about our service, including our costs, must be made within six months of the date of our written response to your complaint and ordinarily must also be made within:-
- one year from the act or omission complained of; or
- one year from when you should reasonably have known there was a cause for complaint without taking advice from a third party
Any complaint to the Legal Ombudsman about an invoice must be made within six months of the date of such invoice.
13 JURISDICTION
Our Letter of Engagement and these Standard Terms of Business which together constitute the Agreement between you and us are to be construed pursuant to the laws of England and Wales. The firm and you agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this agreement or its subject matter (including non-contractual disputes or claims).
14 ENTIRE AGREEMENT AND VARIATION
This Standard Terms of Business, together with the our Letter of Engagement, comprise the entire agreement between you and the firm and no variation shall be binding on us unless in writing. If in conflict with the Letter of Engagement, these Standard Terms of Business shall prevail (unless and to the extent that the Letter of Engagement expresses the intention to override these Standard Terms of Business).
15 AGREEMENT
15.1 Unless otherwise agreed, these Standard Terms of Business apply to any future instructions you give us pursuant to, or supplemental to, the Letter of Engagement, subject only to any review of our charging rates notified to you
15.2 Although your continuing instructions in this matter will amount to acceptance of these Standard Terms of Business, please sign and date the client care letter to show that you have read and understands the basis on which we act for you. The firm may not be able to start work on your behalf until we receive the signed copy.