TERMS AND CONDITIONS OF BUSINESS
The Law Society is the governing body of Solicitors. Professional Rules laid down by it require that clients of solicitors be informed of certain terms of business. Accordingly, this formal statement indicates the basis on which this firm carries out professional services on behalf of clients. We ask you to sign these terms and conditions to show your agreement to them. No amendment to these terms and conditions is valid unless it has been agreed by us in writing.
1. PLACES AND HOURS OF BUSINESS
1.1 Crossmans offices are located at 5 St Andrew’s Street, Cambridge CB2 3AZ and also at 2nd Floor Refuge House, 9/10 River Front, Enfield EN1 3SZ. The normal hours of opening are between 9.00 a.m. and 5.00 p.m. on weekdays. Appointments can be arranged outside those hours when essential to the interests of a client.
2. RESPONSIBILITY FOR THE WORK
2.1 The fee earner primarily responsible for the conduct of your transaction or case is as indicated in the letter sending these Terms. The status of that person will also be identified. The Partner of this firm with ultimate responsibility for the work done in the relevant department will also be shown in the covering letter. Where the Partner is personally dealing with the matter there may be no delegation to another fee earner.
2.2. We aim to offer all clients a friendly and efficient service. If however any difficulty should arise, you should first raise the matter with the Partner named in the covering letter. If any difficulty remains, you may refer to the Senior Partner, Louis Browne.
3. PROFESSIONAL INDEMNITY
3.1. In the interests of clients Crossmans maintain professional indemnity insurance under the Law Society’s Master Policy to a total level of One million pounds.
4. FEES
4.1. Unless and until either (a) an alternative fee arrangement has been agreed and confirmed in writing by us; or (b) a client is entitled to have the fees of Crossmans paid by the Legal Services Commission, the basis for calculations of our fees is described below and is mainly by reference to the time spent by the Partner and staff dealing with the transaction or case; the time charged being all time spent on the client’s affairs. This will include attendances upon the client and perhaps other people; time spent traveling, considering, preparing and working on papers and correspondence; making and receiving telephone calls. Whilst we would not normally charge for routine disbursements such as postage, telephone calls or copying, in unusual cases we reserve the right to do so. Where possible, you will be notified of the charge in advance.
4.2 Each Partner, Solicitor and Executive’s time is charged at an hourly rate. Routine letters sent out are charged at 6 minutes a page, telephone calls in 6 minute units and consideration of letters received at 6 minutes per page.
4.3. The current hourly rates are set out below. These do not include VAT which will be added to the invoice.
Partner/Consultant £165.00
Partner/consultant discretionary rate £150.00
Senior Assistant Solicitors £150.00
Senior Legal Executive £150.00
Junior Assistant Solicitors £120.00
Trainee Solicitor £ 95.00
Trainee Legal Executive/Legal Clerk/Paralegal £ 75.00
4.4. Where work is necessarily carried out outside our normal office hours, we reserve the right to increase the level of the hourly rate.
4.5. The hourly rates set out above are normally reviewed annually to take effect from the 1st June and take account of changes in overhead costs. Details of any revision of rates occurring during the continuance of a case or transaction will be supplied to you as soon as possible. These rates may be revised in cases of exceptional complexity or urgency. Where it becomes apparent that such circumstances exist, we reserve the right to terminate the retainer unless revised rates are agreed in substitution.
4.6. In property transactions, in the administration of estates and in transactions involving a substantial financial consideration or benefit to the client, fees may be calculated both by reference to the time spent and also by reference to a value element based on e.g. the price of the property, the size of the estate or the value of the financial benefit. The value element reflects the importance of the transaction and the consequent responsibility falling on the firm.
4.7. Disbursements include payments made by us on behalf of the client e.g. for such items as Court fees, Counsel’s fees, fees for medical reports, search fees, Land or Probate Registry fees etc. We have no obligation to effect such payments unless funds have been provided by the client for that purpose. VAT is payable on certain disbursements.
4.8. Fees are payable whether or not a case is successfully concluded or a transaction completed. If any case or transaction does not proceed to completion for any reason during the period in which Crossmans are instructed, then we shall be entitled to charge for work done on the basis set out above, but in its absolute discretion we may waive part or all of such entitlement to fees.
5. ARRANGEMENT FOR PAYMENT OF FEES
5.1. Property transactions. An account will normally be rendered following the exchange of contracts and payment is required prior to or upon completion. Where sufficient funds are payable to the client upon completion, amounts due to Crossmans shall be deducted from such funds unless otherwise agreed. We reserve the right not to complete a transaction if our properly requested fees have not been met.
5.2. Administration of estates. It is out usual practice to deliver interim accounts at intervals during the administration. An interim bill will normally be submitted when the Grant has been obtained. If it then transpires that it will take some time to complete the administration, further interim accounts will be rendered periodically and the final account will be presented when the estate accounts are delivered for approval.
5.3. Other cases or transactions. It is normal practice to ask clients to pay sums of money from time to time on account of the fees and disbursements which are anticipated in the following weeks or months. It is helpful if clients meet such requests with prompt payment to avoid any delay in the progress of their case. In transactions or cases likely to continue for more than one month, interim accounts covering the work already carried out will normally be rendered at least quarterly and ordinarily monthly. This procedure enables clients to budget for costs as the matter progresses. In the event of any account or request for payment on account not being paid, we reserve the right to decline to act further in the case. The full amount of work done up to that date will be the subject of a final account rendered and will be a debt due from the client. If a bill is outstanding for more than 30 days or if there is more than one unpaid bill then we reserve the right to put your matter on hold until the account is brought up to date. We will give at least seven days notice of our intention to cease work in order to provide you with an opportunity to bring the account up to date.
5.4. Fees are payable within seven days of delivery of the bill. Interest will be charged at 4% over base rate from time to time from the date of delivery of an account in cases where payment is not made within 30 days of such delivery.
5.5. Our fees are payable when our bills are rendered with payment by cash, credit card or cheque. We also offer a Premium Credit facility to fund at a low interest rate fees and disbursements. Please ask for further details. A written quotation will be given on request.
5.6 If the work that we undertake for you involves any form of representation then we will require that you sign a Notice of Acting or a similar document to transfer the conduct of the proceedings from us to you in person. In the event that our bills remain unpaid, then we reserve the right after giving you seven days notice of our intention to do so to file or serve the Notice on the appropriate body. This will remove from us the responsibility to continue to act on your behalf in respect of that Court, Tribunal or other body.
6. COSTS RECOVERED
6.1. In some litigation cases a successful client may be entitled to the payment of costs by some other party to the proceedings. However, it is rare for the system of assessment of costs, as it is known, to result in the other party having to pay the full amount of the costs incurred by the client with their own Solicitor. If the other party is in receipt of legal aid no costs are likely to be recovered. In the event that a client is successful and costs do fall to be paid by the other party, interest can be claimed on those costs against the other party as from the date on which the order for costs was made. To the extent that any of the fees and disbursements of Crossmans have been paid on account by the client, we will account to the client for such interest but will otherwise be entitled to retain it. Clients must note that the primary liability for costs incurred with Crossmans is that of the client even in a case where it is expected that an order for costs will be obtained against another party. Further, the costs of the assessment of costs and of seeking to enforce any such order for costs against another party, have to be met by the client.
6.2 It is a condition of our retainer that any monies we receive on your behalf will be used to clear any outstanding bills including disbursements before such monies are forwarded on to you. This includes any outstanding bills due to us from you in other unrelated matters. We will not forward monies to you until our bills are cleared and you agree not to approach any third party direct in order to arrange for payment to you with a view to circumventing this requirement.
7. INTEREST PAYMENTS
7.1. If Crossmans holds money on your behalf, subject to the terms of this paragraph, interest will be calculated and paid to you in accordance with the Solicitors Accounts Rules 1991. Subject to certain minimum amounts and periods of time prescribed by the Rules interest will be calculated and paid at the rate from time to time payable on Barclays Instant Savings accounts less a sum of £20 to take into account the administrative costs of calculation and payment in respect of each amount of interest as and when calculated. 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) or issue of any cheque(s) in discharge thereof.
7.2. Where clients obtain borrowing from a lender we will request the lender to arrange that the advance cheque is received by us a minimum of four working days prior to completion date to ensure that cleared funds are available in time for completion. Clients should note that the lender may charge interest from the date of issue of the cheque.
8. DATA PROTECTION
We will, of course, fully comply with the Data Protection Act in respect of records that we keep or use with regard to you and your case. By retaining us as your Solicitors, you give us your consent to access Data Protected by the Act. This consent by you is irrevocable until the work is completed and all our bills are paid. For the avoidance of doubt, your consent includes giving us your permission to access protected data in order to contact you should we lose touch before the matter is concluded and paid for.
9. FINANCIAL SERVICES
9.1. Crossmans is authorised by the Law Society to conduct investment business in accordance with the requirements of the Financial Services Act 1986. In the event that commission is received by Crossmans from a financial institution, brokers or others, and unless otherwise agreed, we will account to the client for such part of the commission, if any, as may exceed the amount of any fees or disbursements due to us from the client.
10. STORAGE OF PAPERS AND DEEDS
10.1. Following the conclusion of a transaction on behalf of clients, Crossmans will retain the client’s file of papers for such a period as they shall deem appropriate in their absolute discretion. A client who requires such papers (including pre-registration deeds and documents where the title to property has been registered at H M Land Registry) to be kept for any specific period shall give notice in writing to Crossmans to that effect, and, in the event of such notice being given, we reserve the right to require the client to take personal custody of the papers. This provision does not apply to current deeds, Wills and securities.
10.2. Crossmans provide a safe custody to clients in respect of Wills, deeds and other securities and no charge will be made to the client for such storage unless prior notice in writing is given to the client of a charge to be made from a future date to be specified in that notice.
10.3. Where stored papers, wills, deeds or securities are retrieved from storage by Crossmans in connection with a continuing or new instructions to us to act in connection with the client’s affairs, normally no charge will be made for such retrieval. However, we reserve the right to make an administrative charge based on time spent in retrieval and any perusal, correspondence or other work necessary to comply with the instructions given by or on behalf of a client or former client for whom papers, Wills, deeds or securities are stored.
11. FUTURE INSTRUCTIONS
11.1. Unless otherwise agreed, and subject to the application of then current hourly rates, these Terms and Conditions of Business shall apply to any future instructions given by you to Crossmans.
11.2. Although your continuing instructions in this matter amount to an acceptance of these terms and conditions for business, it will be helpful if you will please sign and return one copy of them for us to retain on our file.
CROSSMANS - TERMS AND CONDITIONS OF BUSINESS - 01.07.04