TERMS OF BUSINESS 

1. Introduction

1.1.      This document sets out the standard terms on which we provide services to clients. These terms are subject to variation only with express written agreement.

2.     Places and Hours of Business

2.1.      Pickworths' offices are located at 55 Marlowes, Hemel Hempstead, Herts HP1 1LE, and 6 Victoria Street, St. Albans, Herts AL1 3JB. The normal hours of opening are Monday to Thursday 9.00am to 5.30pm and Friday 9.00am to 5.00pm. Appointments can usually be arranged outside these hours when essential to the interests of a client.

3.     Charges and Expenses

3.1.      Generally our charges are based on the time we spend in dealing with your case. Time spent on your affairs will include meetings with you and perhaps others; any time spent travelling, considering, preparing and working on papers, correspondence and making and receiving telephone calls and emails.

Routine letters and emails that we write and routine telephone calls that we make and receive will be charged as units of 1/10th of an hour. Routine letters and emails received will be charged as units of 1/20th of an hour. Other letters and calls will be charged on a time basis.

If your instructions mean we have to work outside normal office hours, we reserve the right to increase the level of the hourly rate/s. You will be notified in writing of any increased rate.

3.2.      On 1st June each year we will review the hourly rate/s to take account of changes in our overhead costs and notify you in writing of any increased rate.

3.3.      In addition to the time spent, we may take into account a number of factors which include the complexity of the issues, the speed in which action must be taken, the expertise or specialist knowledge which the case requires and, if appropriate, the value of the property or subject matter involved. In the event that we propose to charge a fee by reference to any of these factors we will advise you at the outset or as soon as the issue arises. The rates may be higher if, for example, the matter becomes more complex than expected; we will notify you of this. If you have a query about the level of any revised rates notified to you, please contact us.

3.4.      We will add VAT to our charge at the rate that applies when the work is undertaken. At present the VAT rate is 17.5%.

3.5.      There may be certain other expenses, including payments we make on your behalf, such as court fees, fees for medical reports and barrister's fees which you will have to pay. VAT is payable on certain expenses.

3.6.      We will inform you if any unforeseen additional work becomes necessary (for example, due to unexpected difficulties or if your requirements or circumstances significantly change during the course of the matter). We will also inform you where practical of its estimated cost in writing before any extra charges and expenses are incurred.

3.7.      You may set a time limit on the charges and expenses to be incurred. This means that you must pay those incurred up to the agreed limit without our needing to refer back to you. If you set a limit, we will inform you as soon as it appears that the limit may be exceeded and will not exceed the limit without first obtaining your consent.

3.8.      If, for any reason, this matter does not proceed to completion we will charge you for work done and expenses incurred.

3.9.      It is normal practice to ask clients to pay sums of money from time to time on account of the charges and expenses which are expected in the following weeks or months. This helps to avoid delay in the process of their case. We will ask for a sum on account of our charges and to enable payment of expenses before we start work on your matter. We may request further payments on account for charges and expenses to be incurred as the matter progresses. When we put these payments towards your bill/s, we will send you a receipted bill. We will offset any such payments against your final bill, but it is important that you understand that your total charges and expenses may be greater than any advance payments.

3.10.   Particular terms apply to our charges for the following types of work and are set out in the letter accompanying the general terms.

3.10.1.  Charges for Probate work 

3.10.2.  Charges for Residential Conveyancing 

3.10.3.  Conditional Fee Agreements (So called No-win No-fee)

4.     Billing Arrangements

4.1.      We will send you interim bills for our charges and expenses as appropriate while the work is in progress. This enables you to budget as the matter progresses. We will send a final bill after the completion of the work.

4.2.      Payment is due to us within 30 days of the date of sending you our bill. We will charge you interest on the amount at 10% per year, from the date of the bill, if you do not pay within this time. Interest will be charged to your bill on a daily basis.

4.3.      If you have any query about your bill, you should contact us straight away

5.     Court Cases - Other Party's Charges and Expenses

5.1.      It is important that you understand that you will be responsible for paying our bill/s. We will discuss with you whether our charges and expenses might be paid by another person. Even if you are successful, the other party may not be ordered to pay all your charges and expenses or these may not be recovered from them in full; if this happens, you will have to pay the balance of our charges and expenses. If the other party is legally aided, you may not get back any of your charges and expenses even if you win the case.

5.2.      If you are successful and the court orders the other party to pay some or all of your charges and expenses, interest can be claimed on them from the other party from the date of the court order. We will account to you for such interest to the extent that you have paid our charges and expenses on account, but we are entitled to the rest of that interest.

5.3.      You will also be responsible for paying the charges and expenses of seeking to recover any charges and expenses that the court orders the other party to pay.

5.4.      In some circumstances, the court may order you to pay the other parties legal charges and expenses; for example, if you lose the case. The money would be payable in addition to our charges and expenses. We will discuss with you whether our charges and expenses and your liability for another parties charges and expenses may be covered by insurance, and, if not, whether it would be advisable for you to have insurance to meet the other parties charges and expenses.

6.     Professional Indemnity

6.1.      In the interests of clients, Pickworths maintain professional indemnity insurance with a reputable insurance group to a total level of seven million pounds. 

7.     Storage of Papers and Documents

7.1.      After completing the work, we are entitled to keep all of your papers and documents while there is money owing to us for our charges and expenses. We will keep our file of papers (except for any of your papers which you ask to be returned to you) on the understanding that we have the authority to destroy them at an appropriate time. We will not destroy documents you ask us to keep in our safes.

7.2.      If we retrieve papers or documents from storage in relation to continuing or new instructions to act in connection with your affairs, we normally make a charge equal to that made by the company that store our old files for such retrieval. However, we may make a charge based on time spent producing stored papers or documents to you or another at your request. We may also charge for reading, correspondence or other work necessary to comply with the instructions given by you or on your behalf. This will be at the fee earner's hourly rate.

7.3.      Pickworths provide a safe custody service to clients in respect of Wills, Deeds and other securities and a charge may be made to the client for such storage.

8.     Interest Payments

8.1.      If Pickworths 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. 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 our banker's business deposit accounts. The period for which interest will be paid will normally run from the date(s) on which cleared funds are received by us until the date(s) of issue of any cheque(s) in discharge thereof.

9.     Confidentiality

9.1.      The client's instructions are confidential and will not be disclosed by us save on the client's instructions or as hereinaf­ter set out.

9.2.      As you may know Pickworths has achieved the quality standard BSI EN ISO 9001. In order to retain the standard the firm is subject to ongoing assessments by the British Standards Institution. As a part of this process, assessors may wish to look at client files to check that procedures are being followed. If you do not wish your file to be inspected in this way you should notify us of your wishes. Similarly, if at any time in the future you decide that you do not wish your file to be inspected you should again notify us. Your file will not be shown to outside assessors against your wishes.

10.  Data Protection

10.1.   The firm keeps information relating to clients on its client database. This information is used for mailing purposes i.e. news­letters, seminars and other information about our services. If you do not wish us to retain such information you should notify us of your wishes.

11.  Money Laundering

11.1.   We observe the regulations that are in force to prevent money laundering. Such regulations have become more onerous on clients and the firm in recent years due to the rise in terrorism. Clients should appreciate that these regulations may require us to obtain formal evidence of their identity. Without such evidence we may not be allowed to proceed with your matter.

12.  Responsibility for Instructions

12.1.   On taking instructions we identify a person, partnership or in­corporated body as our client who is responsible for giving instruction and for payment of our costs. Such client is respon­sible for our costs notwithstanding that such client may have arrangements with other parties for sharing liability of our costs.

12.2.   Clients should confirm instructions to us in writing.

12.3.   When we have advised a client that information or instructions are required, or that action is to be taken by the client, by a particular date, we do not accept responsibility if the client fails to provide such information or instructions or take such action by that date.

12.4.   Clients are requested to give written notification of any change in address or change in contact arrangements. We shall not be liable for any delay or other consequences arising because of any failure on the part of the client in this regard.

13.  Termination

13.1.   You may terminate your instructions to us in writing at any time but we will be entitled to keep all your papers and docu­ments while there is money owing to us for our charges or expenses.

13.2.   In some circumstances you may consider we ought to stop acting for you, for example, if you cannot give clear or proper instructions on how we are to proceed, or if it is clear that you have lost confidence in how we are carrying out your work.

13.3.   We may decide to stop acting for you only with good reason, for example, if you do not pay an interim bill or comply with our request for a payment on account. We must give you rea­sonable notice that we will stop acting for you.

13.4.   If you or we decide that we will no longer act for you, you will pay our charges on an hourly basis and expenses as set out earlier.

14.  Communication Between You and Us

14.1.   We are confident of providing a high quality service in all re­spects. If, however, you have any queries or concerns about our work for you, please raise them in the first instance with the fee earner ( Partner, Solicitor or Legal Assistant) dealing with your work.

If that does not resolve the problem to your satisfaction or you would prefer not to speak to the fee earner, then please contact their Supervising Partner.

14.2.   All solicitors must attempt to resolve the problems that may arise with their services. It is therefore important that you immediately raise any concerns you may have with us. We value you and would not wish to think you have reason to be unhappy with us.

15.  Future Instructions

15.1.   Unless otherwise agreed, these Terms and Conditions of Business apply to any future instructions you give us.

16.  Agreement

16.1.   Your continuing instructions in this matter will amount to your acceptance of these terms and conditions of business.

Please note the following that will help us to provide you with an efficient service:

• Give clear, written instructions.
• Advise us in writing, if you have any important time limits.
• Make sure you advise us clearly of your instructions and that they are understood. If you are not sure of anything, please ask.
• Deal promptly with any important questions which may arise.
• Keep in regular touch. Do not feel afraid to ask for a progress report if you are worried about anything or you do not hear from us when you expect to do so.
• When appropriate, write or email us rather than telephone. Alternatively, make an appointment if you would prefer to see someone in person.
• Do not hesitate to get in touch if something concerns you - but please remember, unnecessary calls or appointments may delay progress of your matter and will result in increased costs.

NOTE: For a downloadable and printable 'pdf' version of this document please click on 'Resources' and select 'Articles and Factsheets'.

Issue 5

Feb 2006