TERMS OF BUSINESS – Friels Solicitors

Terms and Conditions of Business

TERMS AND CONDITIONS OF BUSINESS

This sets out the terms and conditions of business that apply to the work we are instructed to carry out on your behalf. It also sets out the charges for fees that we will make for carrying out that work. The terms and conditions will apply unless there is a written agreement to the contrary. The charges for fees will apply unless there is a written quotation issued by us and accepted by you in writing.

If you have any queries about the work we are instructed to undertake on your behalf you should discuss these with the fee earner dealing with the matter. If you have any concerns or quality issues that you would like to raise you should contact the partner in charge of the fee earner. If matters cannot be resolved to your satisfaction and you wish to make a formal complaint this must be put in writing and addressed to Mark Carlin, Client Relations Partner of Friels Solicitors Limited. Like all Scottish Solicitors we are members of the Law Society of Scotland and subject to its professional rules at all times. If you are still dissatisfied you are entitled to complain to the Scottish Legal Complaints Commission, 10-14 Waterloo Place, Edinburgh, EH1 5EQ, Telephone Number 0131 528 5111, email address: enquiries@scottishlegalcomplaints.org.uk . We recognise that Alternative Dispute Resolution Regulations have implemented ADR/EDR Directive 2013/11/EU to promote alternative dispute resolution as a means of redress for consumers in relation to unsatisfactory services. We have however chosen not to adopt an ADR process, and if you have any concerns about the services you receive from this firm you should contact the firm’s Client Relations Manager.

When you deal with Friels Solicitors Limited, you entrust us with your personal information. As “Controller” of the personal data that you provide to us, we respect your privacy and are committed to protecting your data. We confirm that we comply with the Data Protection Principles under the General Data Protection Regulations (GDPR) and our full Privacy Policy can be found on our website: https://frielssolicitors.co.uk/

Should you have any queries regarding the protection or privacy of your personal data, you may raise these with our Privacy Officer, Mark Carlin at The Cross, Uddingston G71 7ES, or email markcarlin@frielssolicitors.co.uk

Although we hope that you would raise any concerns with us first of all to give us an opportunity to resolve them, you have the right to make a complaint at any time to the Information Commissioner‘s Office (ICO), the UK’s supervisory authority for data protection issues. Their contact details can be found on their website: www.ico.org.uk

Please note that credit card payments will be accepted for payments of fees and associated VAT only, up to the value of £1,500.

a) The charges and fees for work carried out on your behalf are based on our Fees Schedule

b)Any accounting by us to you for funds due to you will be by a cheque drawn on our company’s client account. Should any different method of settlement be required, this will require to be requested by you in writing at least five days before any proposed settlement in any transaction. Such payment will require to be compliant with the Money Laundering Regulations 2003 and 2007 and the Proceeds of Crime Act 2002 and subject to acceptable evidence to enable us to satisfy ourselves of this. If we are not satisfied, then we will proceed to settle with you by means of a cheque drawn on our client account.

c)For any payments to us, the funds must come from an account in your name by cheque or by a bank transfer to us from your own account. We are unable to accept payments in cash of more than FIVE HUNDRED POUNDS (£500.00) STERLING either in or office or by and require a direct credit to our Bank account. We reserve the right not to accept any payments sought to be made to us in cash.

We reserve the right to increase an estimated fee, if the matter becomes protracted or complicated due to unforeseen events. The hourly rate will not be increased without either your agreement or determination by the Auditor of the Royal Faculty of Procurators in Glasgow. Our fees will include all professional, secretarial and administrative time. All charges for fees are exclusive of all disbursements incurred by us on your behalf and are exclusive of Value Added Tax all of which are payable in addition to the fees charged.

We reserve the right (a) to invoice you quarterly or at the end of the transaction or case, and any interim account will specify the period it covers (b) to request in advance, and payable within seven days of the request being made, a payment to account of fees and disbursements and if there is any delay in making that requested payment this may result in us not carrying out work until the payment is made (c) to deduct and pay from funds that we hold on your behalf any disbursements incurred by us on your behalf and any fees due to us.

Subject to the reservation made in Clause 5 (b) above, all invoices must be paid within 14 days of the date of issue of the invoice. If the invoice remains unpaid for more than 14 days, we reserve the right to charge interest on the unpaid sum at the rate of 4% per annum above the base rate charged from time to time by The Royal Bank of Scotland plc from the date payment is due until the date payment is made.

If you instruct us to act for you in a litigation and are successful you may be entitled to recover an award of expenses from your opponent. You however remain liable for payment of our fees and disbursements in full. The amount you are entitled to recover from your opponent may not cover your liability to us. This may be due to one of a number of reasons, for example the hourly rate charged by us may be greater than the hourly rate that is recoverable, or the cost of a portion of the work carried out is not something that you are entitled to recover from your opponent.

If you consider our charges for fees to be too high you can ask that the fee be taxed, that is to be independently assessed, by the Auditor of the Royal Faculty of Procurators in Glasgow. We will agree to that provided the invoice in dispute is paid by you in full and you also pay in full the fee that will be charged by the Auditor of the Royal Faculty of Procurators in Glasgow both prior to the taxation taking place. Any refund that may be due to you following the taxation will be paid by us within 14 days of the decision of the Auditor of the Royal Faculty of Procurators in Glasgow being issued.

If you are entitled to have your legal fees and disbursements paid by your insurer, or your employer or another body of which you are a member, it is essential you notify us in writing of the fact when you first instruct us. In the circumstances, we will require written confirmation from your insurer etc. concerned that they will pay your fees and disbursements before we can carry out work on your behalf. It is your responsibility to verify the terms of any indemnity available to you and any limitations on liability that may apply. We can only act for you in these circumstances to the extent authorised by the insurer etc. concerned unless you agree to accept personal liability for payment of all fees and disbursements charged by us.

We will exercise due skill, care and diligence in carrying out the legal work identified in your instruction to us and agreed by us part of our remit. We will not advise you on any detailed taxation aspects of any proposed course of action unless specifically instructed by you.

You must not deposit money into our account unless you are told to do so by the solicitor acting in your case. If you do, there may be a possibility the money may not be able to returned to you in certain circumstances and it may well cause a delay in any settlement of the case we are dealing with. We reserve the right to make all reasonable enquiries to ensure we are meeting our regulatory obligations in this regard. This will include conducting an electronic identity check with Equifax. We cannot accept any funds from a third party unless this is arranged at onboarding and such third party complies with similar requirements. If we are not satisfied as to the source of funds to be received from you or any third party, then our obligation, in terms of the Money Laundering Regulations, is to report the matter to the appropriate authorities. We will write to you separately detailing our requirements. We reserve the right to withdraw from acting for you if you or any third party funder fail to provide us with documentation or information requested.

In accordance with the Solicitors’ Accounts Rules, all money we hold for clients is maintained in a separate designated Client Account. We bank with Uddingston – Bank of Scotland PLC and Coatbridge – Royal Bank of Scotland PLC the details of the Account number and sort code will be provided to you in accordance with our Secure Banking Protocol. Please note that this account is the only account into which funds for your transaction should be paid. If you receive any email, royal mail or telephone contact which purports to be from Friels Solicitors Limited requesting that you transfer funds into a different bank account, please contact us by telephone on 01698 815114 immediately. We will not accept responsibility if you transfer money into an incorrect account.

The Proceeds of Crime Act 2002 and the UK Money Laundering Regulations 2003 impose on us statutory obligations to report to the appropriate authorities our suspicion that funds derive from the profits of Crime. It is an offence for anyone to prejudice an investigation by “tipping off” a person who is the subject of suspicion or any third party that the person is suspected of money laundering. There are also regulations which require us to verify your identity and residential address and it is a conditions of our accepting instructions from you that upon request you will provide us with evidence to verify your identity and residential address. If we are not given satisfactory evidence we may be required to terminate your instructions to us. We are also obliged under these regulations to retain records relating to you. Any personal data obtained from you will only be used for the purpose of preventing Money Laundering and Terrorist Financing.

All copyright in documents we produce is reserved to us. Advice given and documents prepared are for your use only and may not be copied or used by any third party without our express written consent. We will only be liable to you and not to any third party. We will not be liable for advice given or documents prepared relating to particular circumstances or for a particular transaction if such advice or documents are used without our consent in other circumstances or for any other transaction. Any correspondence or reports prepared on your behalf are confidential as between us unless otherwise clearly agreed or implied by the circumstances.

As a client of Friels, Solicitors, we will hold and store on our computer and filing systems your personal particulars. These may be viewed by partners and employees of Friels, Solicitors, and by employees of external companies employed to maintain computer systems. If you have any objection to this you must notify us in writing within 14 days of you signing your acceptance of these Terms and Conditions of Business. Failure to do so will signify your agreement to your personal particulars being stored.

Sometimes transactions arise which involve parties who are both clients of this firm, or who are related. We call these internal transactions. The Law Society of Scotland Guidelines state that there is no objection to the same firm acting on behalf of both parties (e.g. purchaser and seller) on the following basis:-

i. provided both parties (e.g. purchaser and seller) are existing clients of the firm or are related;

ii. provided the same individual solicitor does not act for both parties;

iii. provided that both parties are comfortable with/agreeable to the situation; and

iv. provided that no conflict of interest exists or arises during the course of the transaction.

If a conflict of interest develops during the course of such a transaction, then we shall notify you and we may require to withdraw from acting for one or both parties.

When we receive loan instructions from your lender, we shall prepare the appropriate loan documentation, including Standard Security and Matrimonial Homes Affidavits/Consents/Renunciations, and shall arrange for you to sign this documentation. It is your responsibility to check whether or not the loan instructions provided by your lender correctly set out details of the loan you require (including such matters as redemption penalties, monthly payments, cashbacks, type of scheme e.g. repayment, endowment, fixed, capped, discount, variable rate). If the loan instructions do not reflect what you believed you had agreed with your lender, it is your responsibility to advise your lender of the position and to have them issue correct instructions prior to the date of entry. Your lender will require prior notice before releasing loan funds to us and it is your responsibility to ensure that we have loan instructions at least seven days before settlement. When loan instructions are received by us less than seven days before settlement we reserve the right to charge for the work involved in dealing with the loan instructions at such short notice.

We shall, where possible, submit a Report on Title (qualified where we feel necessary or appropriate) to your lender and shall request release of the loan funds.

These Terms and Conditions are governed by the Law of Scotland. You agree to submit to the non exclusive jurisdiction of the Scottish Courts in respect of any disputes that may arise between us.

Where we act for you in the winding up of an executry estate there will be commission charged by us on both Capital and Revenue receipts of 1% up to £20,000.00 and point 0.5% thereafter and our account for fees, V.A.T. and outlays may be remitted by us to the Auditor of the Royal Faculty of Procurators in Glasgow for taxation.

When we are acting on behalf of a couple, particularly in a purchase or sale transaction, then unless you advise us to the contrary, or unless it is clearly inappropriate in the particular circumstances, we will proceed on the basis that instructions from one of you have the implied approval of the other. If that arrangement is not acceptable to you, you are asked to make this clear in writing at the earliest possible stage.

Many of our processes are now carried out electronically or digitally which improves both the efficiency and security of managing legal transactions. These digital processes may include: the completion of your mortgage transaction with your chosen lender; the processing of your purchase and l or sale transaction electronically with the Solicitor on the other side of the transaction; the electronic scanning of your file to comply with the requirements of the Law Society of Scotland to safely retain your legal file for a period of up to 7 years from the date of completion of your transaction except if a shorter time is specified elsewhere in these Terms of Business. A digital processing fee will be included in our final invoice to cover the costs associated with these processes where applicable.

CLIENT RESPONSIBILITIES:

To enable us to act on your behalf in any court action, you need to be aware of:-

a. The need to give instructions and information timeously when requested.

b. The manner in which the instructions are to be given.

c. The need for you to be available to sign documents.

d. The need to remain in contact particularly if critical dates are to be met.

e. The need to keep us advised of any changes in contact details, telephone number or email address.

a. If we are instructed to act on behalf of a limited company or LLP or other vehicle controlled by you (“the Corporate Vehicle”), you accept that it is appropriate that you personally guarantee payment of our fees and disbursements in accordance with these Terms of Engagement, even where for your convenience we may agree to invoice the Corporate Vehicle. Accordingly, if for any reason the Corporate Vehicle fails to meet our fees and outlays, you will be personally liable to make such payments to us.

b. If we are acting on behalf of a limited company, the Directors of that company will be jointly and severally liable for our fees and disbursements, together with the person specifically instructing us in relation to the matter and the company itself. In the event that this paragraph is applicable, we will require the enclosed copy of these Terms of Engagement to be countersigned by or on behalf of the company, by each Director of the company and by the person specifically instructing us.

c. If we are acting on behalf of a limited liability partnership (“LLP”), the members of that LLP will be jointly and severally liable for our fees and disbursements, together with the person specifically instructing us in relation to the matter and the LLP itself. In the event that this paragraph is applicable, we will require the enclosed copy of these Terms of Engagement to be countersigned by or on behalf o the LLP, by each member of the LLP (or by each member of the Board or Committee of Management of the LLP) and by the person specifically instructing us.

LIMITATION OF LIABILITY

a. You agree that our aggregate liability to you, of whatever nature (whether in contract quasi contract, delict, breach of statutory duty or otherwise), on any basis whatsoever for any loss whatsoever and howsoever caused by or arising from this Engagement, shall not exceed the upper limit of our Professional Indemnity Insurance cover which is currently £2,000,000.00. The limit of claims includes all related interest and expenses. We shall maintain cover at the level stated provided such cover remains available in the market at reasonable commercial rates.

b. Further, you agree to indemnify and hold as harmless on demand against all losses, damages or costs howsoever caused which we may suffer from our acting on your behalf save to the extent set out in the preceding paragraph.

c. Where any loss is suffered by you for which we would otherwise be jointly and severally liable with any third parties, the extent to which such loss shall be recoverable by you from us, as opposed to the third party, shall be limited so as to be in proportion to our contribution to the overall fault for such damage or loss, as agreed between the parties, or in the absence of agreement, as finally determined by a Court of competent jurisdiction (ignoring for these purposes the ability of the third party to pay or any limitation of liability that you might have agreed with such third party).

d. Please consider these provisions carefully as your continuing instructions will be an acknowledgement that the liability limitations in this Clause are reasonable having regard to all the circumstances.

Tax Matters
We will not offer Tax advice unless specifically agreed in writing. Accordingly, if you wish to obtain a formal opinion on a Tax matter. You should seek advice from a specialist Tax Advisor.