OUR TERMS AND CONDITIONS OF BUSINESS
This section of our web site details the basis on which we will (a) carry out work for a client and (b) charge our fees and outlays.
It forms the basis of our relationship with our clients and is intended to set out in a clear and helpful manner what clients can expect of us as their solicitors, and what we in turn ask of our clients.
1: Quality of service
As a long established country legal firm we strive to sustain a high quality of legal service; to find out what our clients want; and achieve it. We try to work quickly and efficiently while maintaining a friendly, personal approach throughout. In order to provide a legal service, a whole network of people and facilities is required to back up the individual solicitor with whom a client is dealing. A legal service has to be paid for, but we hope that, at the end of the transaction, our clients find our fees represent good value for money.
2: Contacting us*
*All Times Given Are GMT
Fraserburgh:- Our Fraserburgh Office is open from 9.00am to 1.00pm, and 2.00pm to 5.00pm, Monday to Friday. The telephones there are answered from 9.00am to 1.00pm, and 2.00pm to 5.00pm, Monday to Friday.
Turriff:- Our Turriff Office is open from 9.00am to 5.00pm, Monday to Friday. The telephones there are answered from 9.00am to 5.00pm, Monday to Friday.
The Property Department of our Turriff Office remains open over lunch time during the week, and is also open from 9.30am to 12.00pm on Saturday morning.
Huntly:- Our Huntly Office is open from 9.00am to 12.00pm and from 1.00pm to 5.00pm, Monday to Friday. The telephones there are answered from 9.00am to 12.00pm and from 1.00pm to 5.00pm, Monday to Friday.
If the person concerned is unable to take a client's call, or if we are closed for a local or statutory holiday, a message can be left on the answering machine at any office. Our fax lines are open at all times and we can also be contacted on our e-mail address:-
mail@brown-mcrae.co.uk.
We are also available to meet with clients outwith normal office hours by prior appointment.
3: Initial meeting
We will be happy to have an initial telephone discussion or meeting with an existing or prospective client to decide whether we can be of assistance. Clients should always ask us if they think they may qualify for legal aid under the Legal Advice & Assistance Scheme*.
*Available at our Fraserburgh office only.
4: Instructions
Instructions may be given to us verbally or in writing. We may well ask you to confirm in writing the terms of verbal instructions given to us. If there is any change in your instructions you must notify us immediately. If you wish anyone other than yourself to give us instructions or information, we will require confirmation of this in writing.
5: Conflict of Interest
In general, we cannot act for two or more parties if they have conflicting interests. Please advise us at the outset if you are aware of potential conflicts which may arise. If we decide that we can still act (i.e. if you are one of the exceptions to the general rule) we will confirm this to you in writing.
6: Liability
Unless we agree otherwise in writing, we shall assume that where we act for more than one person but only one of them tells us what to do, that person has the authority of the other(s) to do so. Where we do act for more than one person, each person for whom we do work is equally responsible for the instructions given to us and for payment of our fees and outlays in connection with that matter. If you do not understand what this means, please ask us to explain.
7: Private Limited Companies
If we are given instructions by a private limited company then, unless otherwise agreed with you in advance, it is a condition of our accepting these instructions that the Directors are jointly and severally liable along with the Company for payment of our fees and costs and any interest thereon.
8: Confidentiality
Information passed to us is kept confidential and will not be disclosed to third parties unless authorised by you or required by law.
9: Copyright and Third Parties
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.
10: Law Society of Scotland
Like all Scottish solicitors, we are members of the Law Society of Scotland and subject to its professional rules at all times.
11: How Long Will it Take
The nature of legal work, particularly court work, often makes it difficult to estimate precisely how long something will take to complete. When we discuss your requirements at the outset we will also discuss time scales. We do attempt to meet these - even to beat them - and always to deal with everything as quickly and efficiently as possible. Please remember that quite often the speed at which work can be completed is affected by the co-operation (or lack of it) we receive from other people outwith our control.
12: Cost
The basis upon which we will charge you fees for a particular matter will mainly depend on the time spent carrying out the work (including travelling time) and will be calculated on an hourly rate of £125.00 (ex vat). We will advise you of any change in the hourly rate. When assessing our fee we take into account a number of factors, including the value of the transaction, the complexity and difficulty of the matter, the skill, knowledge and responsibility involved and the urgency of the matter. In executry cases our fees will be assessed and certified by the Auditor of Court. In addition to fees Value Added Tax and outlays such as search fees, registration/recording dues, stamp duty land tax, valuation fees and confirmation dues will be payable. Value Added Tax is charged at the current rate on all fees.
13: Accounts
We will issue our account either at the end of a matter or at regular intervals. Payment is due within thirty days of the date of account. If not paid within this time we reserve the right to charge interest on the amount overdue at 4% over The Royal Bank of Scotland Base Rate. If you do not pay our account on time, we reserve the right to stop working for you and to charge you for the full amount of work we have done for you.
14: Expenses in Court Actions
If we act on your behalf in connection with a court action in which you are partly or wholly successful, it may be possible to recover expenses from your opponent. In practice only a proportion of your expenses are likely to be recoverable. You are liable for our fees and for outlays incurred on your behalf whether or not you are successful in an action but credit will be given for all expenses recovered from your opponent.
15: Deduction of Fees and Outlays at Source:
Where we receive sums which belong to you we shall be entitled to deduct from those sums all outstanding fees and outlays before sending you the balance.
16: Sales and Purchases of Property
When you are selling property, we will deduct all outstanding costs together with our fees from the sale proceeds as soon as practicable after the date on which the sale is completed. When you are buying property, fees and costs will be payable by you by agreement, but no later than the date on which you become the owner of the new property.
17: Costs paid on your behalf
Where fees, outlays or expenses are to be paid by us on your behalf, we will endeavour to give you details of these in advance in order that you may place us in funds before the sums are due. If however we are unable to do so, we will require to be repaid by you within seven days of your receiving a request for payment of the appropriate sum.
18: Clients Money
Any money belonging to you and received by the Firm in the course of dealing with your business which is not required for fees or outlays shall be either (1) held by us in accordance with the provisions of the Solicitors (Scotland) Accounts Rules (in which event we shall account to you for interest thereon in terms of these Rules) or (2) if you so direct, remitted to you or otherwise applied as you may direct. Interest is paid on clients money held in bank deposit accounts at the Royal Bank of Scotland Business Instant Access Reserve Rate. We make no charge for the collection of interest on clients' deposits but we are entitled to retain interest or commission paid to us by the Bank.
19: Independent fee assessment
The Auditor of Court is always available to provide a completely independent assessment of a fair fee for any piece of legal work carried out for a client. On occasions, to ensure that a file has been correctly charged, we may voluntarily send the file to the Auditor. Unless otherwise agreed with you beforehand, we will in that event be responsible for payment of the Auditor's fee. Should you at any time be dissatisfied with the amount of a fee charged by us, then you are entitled to ask us to have the Auditor review your file and set an appropriate level of fee for the work done. If the Auditor reduces the amount of our original fee we will only charge that reduced amount and we will pay the Auditor's costs. If, however, the Auditor confirms that our fee is correct or undercharged, then you will be responsible for the Auditor's costs.
20: Money Laundering
The Money Laundering Regulations require us to be satisfied as to the identity of our clients and as to the source of any funds passing through our hands. In order to comply with these Regulations we may need to ask you for proof of identity and any other information in relation to these matters. We reserve the right to withdraw from acting for you if you fail to provide us with the information requested of you and required in connection with our Money Laundering procedures.
21: Records
On completion of the work and after payment of all fees and outlays, we will arrange for storage or return to you as appropriate of any relevant documents and papers. We retain correspondence files for 10 years. They are reviewed 10 years after closure and may be destroyed following that review in accordance with the Law Society of Scotland's guidelines. We reserve the right to store all client documents, records and papers in any form. We are entitled to retain all files, documents and other papers held on your behalf until all outstanding fees and outlays have been paid in full.
22: Dissatisfaction
If for any reason you are unhappy about the quality of service provided, or the amount of our fees, then you should, in the first instance, take the matter up with the solicitor with whom you have been dealing. Alternatively, should you prefer or if you feel your initial approach has not resolved the point, we would invite you to raise the matter with Mr. D Graeme Walker, our Client Relations Partner, who is based at our Fraserburgh Office. Mr. Walker will ensure that any such complaint is fully investigated, and that you receive a detailed response within ten working days. If you are still dissatisfied you are always entitled to take the matter up with the Client Relations Office at the Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh, EH3 7YR.
23. Applicable Law
These terms and conditions are governed by the Law of Scotland and are subject to the non-exclusive jurisdiction of the Scottish Courts.