Mckenzie Richards Terms of Business

1. INTRODUCTION

These Terms, together with our engagement letter, set out the basis on which we will provide our services, and they should be read together. In the event of any inconsistency between the letter and these Terms, the former shall prevail. The Terms will apply to all services rendered by us to you from time to time unless we have entered into a specific written agreement which expressly excludes or modifies them in whole or in part.

2. MCKENZIE RICHARDS LLP

In these terms of business “we” or “our” refer to McKenzie Richards LLP (“the LLP”).

Your relationship is solely with the LLP  and the LLP has sole legal liability for the work done for you and for any act or omission in the course of that work.  No member consultant or employee of the LLP will have any personal legal liability for that work whether in contract, tort or negligence.  In particular the fact that an individual member consultant or employee signs in his or her own name any letter or other document in the course of carrying out that work does not mean he or she is assuming any personal legal liability for that letter or document.

We use the word “partner” to refer to a member of the LLP or an employee or consultant with equivalent standing and qualifications.

No reference to a “partner” is to imply that any person is carrying on business with others in partnership for the purposes of the Partnership Act 1890.

3. GENERAL BASIS FOR ACCEPTANCE OF INSTRUCTIONS

• Instructions will be accepted or declined in accordance with the Solicitors' Practice Rules 1990, as amended.
• Details of the partner with overall responsibility for your affairs and, if different, the person(s) with day-to-day conduct are set out in the accompanying letter.
• Subject as above, we will be free to use such members of our staff or agents in connection with your business as we consider to be appropriate and in your best interests.
• You will notify us in writing if communications are to be sent to you other than at the address or fax or email you have provided, and whether particular advice is to remain undisclosed to other persons associated with you. Unless you tell us not to do so we may communicate to you by email and do not accept responsibility for any breach of confidentiality which may occur, whether because of a fault or omission on your part or by any of your agents or the result of any action of a third party.
• You will provide us with a full description of the services you require and a statement of your objectives.
• You will provide us, on request, with sufficient information to enable us to carry out our work. This will include relevant documents, notes, agreements, emails, correspondence and personal statements.
• Where our services are supplied to two or more persons then your liability for our costs is joint and several; you will each be liable for any amounts due to us. If a third party or other source is to be responsible, this must be agreed with us before work is undertaken.
• It is our practice to check for conflicts of interest in appropriate cases. However, an actual or potential conflict between your interests and the interests of another advised party may arise during the course of a matter. If this situation arises during our dealings with you we will discuss it with you and determine the appropriate course of action. In order to protect your interests we may not be permitted to continue to act for you.
• Our duty is to act on your reasonable instructions subject to our legal and professional duties. We will explain the legal work that may be required and keep you regularly informed of progress and communicate in plain language. We will advise you regularly on the costs and the benefits of continuing a matter. We will endeavour to advise on the timescale.
• The firm's normal opening hours are 9am to 5pm Monday to Friday with an hour for lunch between 1pm and 2pm.  The LLP can operate an out of hours appointments system on prior agreement between the LLP and the client.
• We will advise you if the LLP outsources work such as typing or photocopying documents and alert you to the potential risks in relation to preserving client confidentiality and please advise us if you object to this practice.
• In the event that the LLP has a relationship with a third party (for example a referrer introducer) then this firm will assist in compliance with disclosure requirements which arise out of the firm's fiduciary duties and will comply with the Solicitors Introductory Referral Code 1990.
• LLP will notify you of any commissions received and will be dealt with in accordance with Rule 10 of the Solicitors Practice Rules 1990.
• The LLP shall account to you for any commission received of more than £20 unless you have agreed for the LLP to retain it.
• Interest will be paid to you in accordance with Part C Rules 24-28 of the Solicitors Accounts Rules 1998.
• The LLP is limited in its ability to give tax advice and in the event that you require any tax advice then the LLP may refer you to an appropriate expert.

4.  WHO  TO CONTACT

Miss A Richards will be the Solicitor responsible for handling your case and can be contacted at the office during normal weekday opening hours of 9.00am to 5.00 pm on 01435 872025. If she is unavailable please leave a message and she will endeavour to get back to you as soon as possible. If there is a problem try to resolve it with her but in the unlikely event you cannot our complaints procedure is available in the office.

5. COSTS AND DISBURSEMENTS

• We normally agree the basis of charging in advance, and wherever possible we will, upon accepting instructions, give you an estimate of the likely costs involved and will revise that estimate from time to time if it becomes necessary.
• Our costs will also be assessed by reference to the other factors set out in the Solicitors' Remuneration Order including:–
• the complexity of the matter;
• the skill, labour, specialised knowledge and responsibility involved;
• the number and importance of documents prepared or considered;
• the amount or value of any money or property involved; and
• the importance of the matter to you.
• In non contentious matters such as conveyancing and the drafting of wills we will normally give a fixed quote and that will be binding, subject to any unforeseen unusual circumstances which will be discussed with you and appropriate charging will be agreed.
• Otherwise it will be an agreed hourly rate  which is divided into six minute units;
• Our costs take into account our incidental disbursements such as normal postage and telephone charges. We will charge you for any other expenses we incur in connection with your business including printing, photocopying, exceptional typing requirements, couriers and any exceptional overseas telephone and/or fax costs.
• You are responsible for paying disbursements and unless otherwise agreed to pay them in advance.
• VAT is payable on fees and expenses at the applicable rate which currently is 15.00%.
• Where we have to transfer money on your behalf we cannot do so until until the money has cleared through the banking system. We may charge for this service.
• Unless otherwise agreed, our charges will be payable whether or not any particular matter proceeds to completion.
• Please note that we do not undertake work funded by the Legal Services Commission. If you believe you are entitled and we have not spoken about it you must tell us immediately. Otherwise we will proceed on the basis that you wish to pay privately.
• Please note that in certain circumstances we may consider conditional fees but you need to discuss this with us.

                                                                           General costs information

Basis of charges: We charge on a solicitor and own client basis

Expense rate: In calculating the expense rate we will apply the expense rate prevailing at the time of preparing the account. The rates are normally reviewed every September.

The current expense rate is £100 per hour
but please note litigation                                            

Conveyancing:  In assessing the charge to be made for any matter relating to or being part of a dealing in an interest in land we will charge either:

                           (a)  Such sum as has been agreed with you and confirmed in writing or
                           (b)  for the time spent on the matter at the agreed expense rate.

Litigation:  In assessing the charge to be made for work done in any contentious matter whether or not it proceeds to court or not we will charge either:

                           (a)  For the time of the fee earner spent on the matter at the expense rate or
                           (b)  such other sum as has been agreed

but note that once proceedings are issued our hourly rate is £200. However in all cases we will offer a conditional fee so that the client continues to pay £100 per hour.

Any other matter:  In assessing the appropriate charge to be made in any matter we will apply the same principles as detailed in the litigation section.

Disbursements: These will be charged as separate items and specific items will be detailed to depending on the case.

Please note the following are chargeable:

                            (a)  Travel by car 50p per mile.
                            (b)  Expenditure involved in any other sort of travel.
                            (c)   Photocopying at 50p per copy.

6. PAYMENT

• Any invoice rendered by us is payable within 14 days. If not interest may be payable at the current County Court rate.
• We may from time to time deduct sums due to us from monies in hand on your account.
• We may from time to time invoice you on account of the final bill for costs and disbursements. Such invoices may be sent periodically in accordance with our client care letter or at any natural break in the instructions.
• If you have any query about your invoice, including the bases on which it has been calculated, you should contact the partner with day-to-day responsibility for your work as soon as possible and in any event within 30 days, after which we will treat the amount shown in the invoice as recoverable by any means.
• You are entitled to require us within one month of the delivery of any invoice to obtain a certificate from the Law Society stating that in their opinion the costs charged are fair and reasonable or, as the case may be, what lesser sum would be fair and reasonable. You are also entitled to have a bill checked by an officer of the High Court by a procedure known as assessment of costs. The invoice will provide further details of these rights.

7. TERMINATION

• You may ask us to stop acting for you at any time by giving us written notice.
• We will on giving reasonable notice, with explanations where we can, be free to refuse to act or continue acting in accordance with the Solicitors Practice Rules 1990 (as amended) and in particular if:
  • we are or may be in breach of the law or the principles of professional conduct by accepting or continuing to accept instructions
  • we consider there is or may be a conflict of interest or risk of conflict between your interests and those of any other client of ours.
  • any account rendered by us in respect of fees or disbursements has not been paid within 30 days of its date or
  • any request for for money on account of costs or disbursements incurred or to be incurred has not been complied with within two weeks of it being made.
  • We may also discontinue acting on other reasonable grounds.
  • If we stop acting we are entitled to be paid for all work done and can keep your papers until we have.

8. CONTINUING OBLIGATIONS

• Unless specifically otherwise agreed we shall not be under any continuing obligation to advise you of changes in the law which may affect advice previously given.
• All communications generated between us during the currency of our retainer shall remain confidential and shall not be disclosed to any third party without consent.
• As part of our commitment to provide a quality service to you we may, from time to time, invite suitably qualified external assessors periodically to review our files on a sample basis for compliance. Files are not made available to assessors if the subject matter is of a sensitive nature or where you specifically request that they should not be made available.

9. COMPLAINTS.

We follow the Law Society's rules and provide a copy of our complaints procedure on request.  If you have a concern about any aspect of our service it should be raised immediately with the Senior Partner Amelia Richards who will investigate the complaint promptly and will endeavour to resolve all complaints internally.

10. STORAGE OF PAPERS AND DOCUMENTS

We will retain your deeds, securities and other important documents, as long as you want us to,securely at our cost. We will keep other papers for a period of 6 years from the conclusion of the matter, after which unless notified we will destroy them.  In the event of copies of papers being requested we will make a reasonable charge.

11. DATA PROTECTION ACT 1998

The LLP, as a data controller, is bound by the requirements of the Data Protection Act 1998. You agree that we may obtain, use, process and disclose personal data to enable us to discharge the services agreed under this engagement, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance.

12. MONEY LAUNDERING REGULATIONS 2003

In order to enable us to satisfy our obligations under these Regulations and related legislation, it will almost always be necessary for you to supply appropriate proof of identity before we are able to act or continue to act for you or for any principal whom you may represent. We will also not be able to receive any funds from, or pay any funds to, you or on your behalf unless all necessary identification and other procedures have been satisfied for the purposes of the Regulations.

For individuals and partnerships, proof of identity will usually be a current valid passport, driving licence, recognised identity card or equivalent showing your name, date of birth and photograph, together with a current utility bill or equivalent confirming your address. For companies, we will usually require a copy certificate of incorporation or copy audited statutory accounts together with personal identification as above in respect of some or all of the company’s directors. In the case of a company incorporated overseas, there should also be a certificate from lawyers qualified in the relevant jurisdiction to the effect that the company is properly incorporated, together with evidence of the company’s directors and of the authority and identity of the persons instructing us.

In the light of the Regulations and for insurance reasons we do not normally accept cash payments from or on behalf of clients and then only in special circumstances and for limited amounts.

13. PROCEEDS OF CRIME ACT 2002

We are prohibited by this Act from acting for or advising a client in relation to the acquisition, retention, use or control of the proceeds of any crime or any attempt to conceal, disguise, convert or transfer any criminal property or to remove it from the jurisdiction, or from being involved in arrangements relating to such activities. The proceeds of crime and criminal property are widely defined for these purposes to include any activity (including tax evasion) carried on anywhere which would be illegal if carried on in the UK.

We have a legal obligation to report to the National Criminal Intelligence Service any person, including a client, suspected of involvement in activity covered by this Act. As a result we reserve the right to make all disclosures to relevant authorities as required by law, without notice to you, and if appropriate to cease acting for you without giving any specific reason. These obligations override our normal duty of confidentiality to you. We will not accept any liability for any loss or damage that you or any third party may suffer or incur on any account for any action taken, or not taken, by us in good faith with a view to complying with this Act or any related legislation.

We may also require confirmation from you of the source of any funds, in particular any remitted from overseas, and whether all necessary tax has been paid and all necessary returns made in relation to any overseas funds. We reserve the right to require further information and supporting documentation as appropriate.

14. LIMITATION OF LIABILITY

This paragraph shall apply to any claim:–

• by you
• and, if any duties are held to be owed to them, any related or associated individuals or companies to you, and any officers, employees or consultants of any of these entities;
• against the LLP.

Such claim shall be limited to such amount, not being less than £2,000,000 each and every claim, including claimants' costs, as is referred to in our engagement letter. All claims arising from the same act or omission, or from a series of related acts or omissions, shall be regarded as one claim.

If we notify you of any applicable limit on our indemnity cover, we shall in no circumstances be liable to you beyond the limits of such cover.

It is the LLP that is liable,not an individual partner or member of staff, and you agree to make no claim against an individual.

15. FINANCIAL SERVICES AND INSURANCE MEDIATION

• We are not authorised under the Financial Services and Markets Act 2000 but we are able in certain circumstances to offer a limited range of investment services to the client because we are members of the Law Society.  We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide.
• If you have any problem with the service we have provided for you then please let us know.  We will try to resolve any problem quickly and operate an internal complaints handling system to help us resolve the problem between ourselves.  If for any reason we are unable to resolve the problem between us then we are regulated by the Law Society which also provides a complaints redress scheme.
• The LLP is not authorised by the Financial Services Authorities.  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 Law Society.  The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register.  
• These Terms of Business shall not affect any provision of the general law or professional standards applicable to the relationship between us and you as solicitor and client.
• We will not be liable to you or any third party if we are unable to perform our services as a result of any cause beyond our reasonable control. If any such event should arise, we will notify you as soon as reasonably practicable.
• The LLP  is regulated by The Law Society of England and Wales. The firm is not separately regulated by the Financial Services Authority but it is able to offer a limited range of investment services to clients where they are an incidental part of the professional legal services we have been engaged to provide.
• Any notice to be given to us may be sent to McKenzie Richards The Old Bank High Street Mayfield East Sussex TN20  6AB and, any notice to be given by us, may be given to you at your last address known to us.
• We routinely use email to communicate and whilst we have normal levels of security in place you accept that these communications are not always secure.