Quality service
Our aim is to complete the work which you have asked us to do speedily and efficiently. We will need to work together to do this and from time to time we will need your help in providing us with documents and information. You agree to provide us with documents and information when we ask for them and let us know if there is any change in your circumstances which we may need to take into account.
We will ensure that you are fully informed as to the issues raised in, and the progress of, the work we are undertaking for you at all times.
If you feel that the level of service provided falls below the criteria outlined above you should immediately let us know your concerns.
Our responsibilities
We will always act in your best interests, explain to you the risks and benefits of taking legal action and of any alternatives; give you our best advice; give you the best information possible about the likely costs of the action which you are proposing to take, or the work you are asking us to undertake.
Your responsibilities
You will give us instructions that allow us to do our work properly; provide prompt and realistic instructions; not ask us to work in an improper or unreasonable way; and cooperate with us at all times.
Hours of business
The normal hours of opening at our offices are between 10:00am and 6:00pm on weekdays. Voicemail messages may be left outside these hours and appointments can always be arranged at times and places that are convenient to you. You can also send an email, at any time, directly to the desk of the person with whom you are dealing.
Identity and know you as our client
All solicitors are now obliged under practice regulations to obtain satisfactory evidence of identity of both name and address for all clients. Generally we will need to see your passport together with an original bank statement or utility bill verifying your address.
Instructions
Instructions may be given to us in writing or verbally. We may ask you to confirm verbal instructions in writing. Any amendments to instructions should be notified to us immediately they arise. The instructing party, regardless of person or entity in whose name the instructions are given, remains ultimately responsible for all fees and third party costs.
Tax advice
Any work that we do for you may involve tax implications or necessitate the consideration of tax planning strategies. We may not be qualified to advise you on the implications of a transaction that you instruct us to carry out, or the likelihood of them arising. If we can undertake the necessary research to resolve the issue, we will do so and advise you accordingly. If we cannot, we may be able to identify a source of assistance for you. If you have any concerns in this respect, please raise them with us immediately.
Costs and fees
The way we calculate our costs and fees will be set out in the initial letter which we send you and will also be discussed at our initial meeting.
In some cases we may be able to agree a fixed price with you, in which case we will make this clear in our letter to you.
In other matters we will not be able to agree a fixed price because we do not know precisely what work is going to be involved. We will always try to give you the best information about the likely cost at the beginning of the matter and at intervals while it proceeds. However you should be aware that the information that we give you is likely only to be our best guidance and circumstances can change.
If, for any reason, your matter does not proceed to completion, we will charge you for work done and expenses incurred.
Payments on account
It is normal to ask clients to pay money on account of charges and any likely expenses at the outset. This will be held generally on account of fees, disbursements and VAT and will be applied where we consider appropriate in discharge or reduction of any liability for any disbursement made or to be made, or any subsequent invoice rendered. Any payment on account in respect of one matter may equally be applied to another matter of the instructing party. You may also receive periodic requests for specific payments in respect of disbursements to be made and for general payments on account in respect of any liability we have to pay ourselves (e.g. court fees, land registry fees, official fees, counsel/barrister fees, expert fees and witness expenses).
VAT
None of our fees, estimates or charges includes VAT unless this is specifically made clear. Otherwise VAT will be charged in addition at the prevailing rate at the time of the provision of our services.
Out of pocket expenses
We call out of pocket expenses disbursements. These are payments which we need to make on your behalf and these are not included in our estimate of fees.
By agreeing to these terms and conditions of business you have given us authority to incur and pay reasonable expenses in order to deal properly with your matter including search fees, for the instruction of experts, counsel/barrister fees, local agent's fees, travelling expenses and the cost of any other services reasonably required. Wherever possible we will endeavour to inform you of such payments in advance.
Timescale
Any time estimates given will be based upon the matter progressing smoothly. Where a matter is straightforward and control of work lies in our hands then we can give a clear estimate. Where a matter is complicated, lengthy and/or progress depends on others then even the most careful estimate may be wrong. We will endeavour to keep you informed of the timescale throughout this matter, but please remember the difficulties mentioned. Do not make arrangements based on any estimate given without first checking with us whether it is safe or sensible to do so.
Confidentiality
Information passed to us is confidential and will not be disclosed to third parties unless authorised by you or required by law.
Client money held
Any money held on your behalf will be deposited in a separate designated client bank account.
Outstanding monies
You are entitled to change solicitors at any time but you will be responsible for all fees and outlays due to us until you notify us in writing that you are appointing another solicitor. We are entitled to hold all files and papers until payment of any outstanding invoices has been made in full.
Right to offset
We reserve the right at all times to offset balances on multiple matters belonging to either client and/or instructing party applying to either personal or corporate instructions.
Professional indemnity
We are obliged by the Spanish Law Society to carry professional indemnity insurance to meet loss suffered as a result of any negligence on our part. In the unlikely event of a claim being intimated, we would pass that to our insurers to deal with.
Data protection
In acting for you, we shall compile and hold personal data relating to you. This may include sensitive personal data. This will be both in electronic form and as part of a paper filing system. Data of this sort are covered by the Data Protection Act. If you consent to the collection of such personal data you can be assured we will comply fully with the act. In general, such data are retained after the conclusion of your case because this is thought to be in your best interests. Our obligations under the Act are in addition to our duty of confidentiality.
Files & papers
Our policy is to retain files and papers for a limited period following completion of the transaction. This will vary from work type to work type and if it is important to you please ask and we are happy to explain further. After that period, unless we have heard to the contrary, the papers and files will be destroyed.
Lien
A lien is our right to keep all papers, documents, money or other property held on your behalf until all money due to us is paid. We have that right in accordance with this agreement. A lien may be applied after this agreement ends.
Conflict of interest
We shall try to establish prior to acting on your behalf that there is no conflict between your business and the business of any other client. As you will realise we could not act for two clients if their interests were in conflict. We shall alert you to any such conflict during a transaction that becomes apparent. In this event we would require to refer at least one, if not both, of the clients involved, to another solicitor. This is a rule of professional conduct which applies to all solicitors for the benefit and protection of clients.
Conclusion
Your continuing instructions in this matter will amount to your acceptance of our Terms and Conditions of Business. We do however ask you to sign and date the copy of these terms and return them to us. We can then be confident that you understand the basis upon which we will act for you.
Acceptance
I confirm I have read and understood, and I accept, these terms and conditions of business.
Name....................
Signed....................
Date......................
