Terms of Business
These Terms of Business are intended to make clear, in as straightforward a manner as possible, the way we carry out work on your behalf. This benefits us both by setting out where we stand at the beginning of our relationship and should avoid any misunderstandings or uncertainty in the future. They are not intended to limit or restrict our professional duty in any way. If you have any doubts or concerns about any of the following terms and conditions, please ask and we will be happy to explain.
1. Quality Service:
In all our dealings with you we aim to provide a high quality service, to find out what you want and to achieve it. We try to work quickly and we hope you find us friendly and approachable. At the end of the transaction we hope you will think our fee represents good value for money.
2. Contacting Us:
We are open from 9.00am to 5.00pm Monday to Friday. Our email addresses are supplied on all correspondence and are available for use at all times. Our fax lines are open at all times. We are also available to meet with you outwith normal hours by prior appointment.
3. How Long Will It Take?
The nature of legal 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 help that we receive from other people.
4. Law Society Of Scotland:
Like all Scottish solicitors we are members of The Law Society of Scotland and subject to its Professional Rules.
5. Your Work:
We believe it is very important that you are well informed about the progress of your work. We will advise you at regular intervals regarding the progress of your work and keep you informed of all significant developments. Unless we hear from you to the contrary we will assume that we may, if appropriate, contact you by email via the internet – we make no guarantee regarding the confidentiality or otherwise of email communication. If you are uncertain about what is happening at any time, please ask.
6. Who Will Do Your Work?
Our Partners play an active part in the management of your work. For each of our clients we designate a Principal Partner with overall responsibility for ensuring that you remain satisfied with our services. Other people may also help from time to time if they have special expertise that is required.
7. 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.
8. Change of Plan:
Please tell us if you change your wishes. We will tell you what effect this has.
9. Cost:
The basis on which we charge fees for any particular matter is set out in a separate letter. Often our fees will be calculated by reference to an agreed fixed figure or an agreed scale of charges appropriate to the type of work involved. Alternatively they may be calculated by reference to the time spent in carrying out the work. In assessing the fees we take into account a number of important factors, including: the value of the transaction, the complexity and difficulty of the matter, the skill, knowledge and responsibility involved, the urgency of the matter and the place where we are required to carry out the work. We may require to be satisfied that you are able to pay us for the work you wish us to do. We are happy to tell you at any time what the fees are to date. Our fees are exclusive of VAT, travelling expenses and photocopying charges.
10. Estimates:
Any estimate we give is based on our experience in handling matters similar to the work you have asked us to do. However, no two matters are ever exactly the same and in some situations we may need to revise our original estimate. We will tell you as soon as we can if the work is more complicated or will take longer than we originally thought.
11. 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.
12. Responsibility For Fees And Outlays Payable By A Third Party:
In matters where someone else has said that they will pay your fees and outlays, if they fail to do so you will be responsible for paying them.
13. Invoices:
We will issue our invoice either at the end of the work or at regular intervals. Payment is due within thirty days of the date of the invoice. If not paid within this time we reserve the right to charge interest on the amount overdue at 4% over Bank of Scotland Base Rate. If you do not pay our account on time, we may stop working for you and charge you for the full amount of work we have done for you.
14. Property Transactions:
When you are selling property, we will deduct outstanding costs together with our fees from the sale proceeds on the date on which the sale is completed. When you are buying property, fees and costs will be payable by you on the date on which you become the owner of the new property.
15. Costs Paid On Your Behalf:
Where expenses are paid by us for you we will require to be repaid by you within seven days of asking you. We reserve the right not to pay any expenses on your behalf unless you have paid them in advance. Provided that you have been told by us of the consequences of non-payment, we will not be liable to you for any penalties or other loss caused by the non-payment if you have not put us in funds to make payment on your behalf.
16. Records:
At the end of the work and after we have been paid, we will return to you at your request any relevant documents or papers which belong to you. Our files are stored and thereafter destroyed in accordance with the guidelines issued by The Law Society of Scotland. If you have any particular requirements regarding the storage or destruction of your files please let us know and we will do our best to comply. We reserve the right to microfilm or store such records in any form.
17. Independent Fee Assessment:
If you are unhappy with the amount of our fees or, without our having told you, they exceed any estimate supplied, you may ask the Auditor of the Court of Session or an Auditor of Edinburgh Sheriff Court to check our fees. These officials are independently appointed. If the Auditor reduces the amount of our fees we shall only charge that reduced amount and we shall pay the Auditor’s costs. If he confirms that our fee is correct, or could have been higher, then you will be responsible for the Auditor’s costs in addition to the fee and, at our discretion, any increase to which we are entitled according to the Auditor.
18. Outstanding Monies:
You are entitled to change solicitors at any time but are responsible for the fees and any other outstanding payments due to us until the time of change. We are entitled to hold any title deeds, files or other papers until payment.
19. Companies:
If you are a limited liability company we may require at least one of your directors to personally guarantee the company’s liabilities to us.
20. Limitation of Liability:
The total aggregate liability (including liability for interest) of the firm, its Partners and employees, whether in contract or delict (including negligence or otherwise) to you arising from or in connection with the work carried out by us on your behalf shall not exceed the level of our professional indemnity insurance cover for the time being at the date of intimation of any claim relative to such work (further details of our indemnity insurance cover are available on request). This limitation applies notwithstanding any express or implied term or condition of our letter of engagement but will not apply to any acts, omissions or representations which are criminal, dishonest or fraudulent on the part of the firm.
21. Confidentiality:
Information passed to us is kept confidential and will not be disclosed to third parties, save as authorised by you or required by law.
22. Client Relations Partner:
If you are unhappy about the legal advice you have been given, the quality of service provided or the way you have been treated you should, in the first instance, take the matter up with the person with whom you have been dealing. If, having done so you are still not satisfied or if you prefer, please raise the matter with our Client Relations Partner, who has responsibility for quality matters. That Partner will ensure that any such complaint is fully investigated and that you receive a response within ten working days. If you are still dissatisfied you are always entitled to take the matter up with the Scottish Legal Complaints Commission.
23. Data Protection Act:
For the purposes of data protection legislation please note that by instructing us you accept and agree that personal information about you will be held on our computer system.
24. The Money Laundering Regulations:
The Money Laundering Regulations, the Proceeds of Crime Act 2002 and Anti-Terrorism legislation in force from time to time 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 will ask you for proof of identity and 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.
We may also require to verify your identity using an online agency. In order to comply with the above-mentioned Regulations, we may be obliged to disclose information to the relevant authorities regarding any clients’ transactions. Please note also that we are not able to accept payments of more than £500 in cash nor to make payments to you in cash.
25. Interest-Bearing Accounts:
We may, in the course of our dealings with you, hold funds on your behalf. In accordance with Law Society regulations we may require to deposit these funds in interest-bearing accounts with our Bankers who are The Bank of Scotland. In such instances we will account to you for all interest accrued. Only by special prior arrangement can an alternative Bank be utilised and no guarantee can be given that any preferred institution will be feasible and an administration fee will be chargeable.
26. Cleared Funds:
In accordance with normal practice, all residential property transactions will be completed by way of solicitors’ cheque except where special arrangements are made. While we will account to you as soon as we are in receipt of cleared funds for any monies due to you, please note that cheque clearance times may vary and are beyond our control.
27. Conflict of Interest:
In the event that we become aware of any conflict of interest, we will notify you immediately and correspondingly you must do likewise. Normally, we cannot act for two clients whose interests conflict.
28. Extent of Professional Advice:
Unless otherwise stated, all advice given and work undertaken by us will relate to legal matters only. We do not advise on matters where regulated activities are involved or specialist advice is necessary, for example, in relation to Financial or Investment Advice, Tax and Accountancy matters or Environmental and Ecological issues. Should you have any doubts about the need for additional advice then please ask us.
29. Whole Agreement:
These terms and conditions, together with any letter and/or schedule of costs accompanying them, constitute the whole agreement between us.
30. 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.
31. Standard Clauses Offer:
There is now a standard form of contract for the purchase and sale of residential property in Edinburgh, and most of Scotland, which has been adopted by many firms of solicitors including ourselves. We attach a copy of these Standard Clauses as these will be used in your transaction. We will also seek to use the Standard Clauses in any sale although it is possible that the purchaser’s solicitor may choose not to do so, in which case we will send you a copy of the relevant contract letters and discuss the terms of these with you in detail at the relevant time.
The Standard Clauses are intended to be self-explanatory but if you have any questions about the terms used or the topics covered then please advise us so that we can discuss them with you. If you are purchasing a property please be aware that by instructing us to submit an Offer (or if the Offer is “subject to Survey” and you subsequently instruct us to withdraw the “Survey” clause following your receipt of a verbal or written Survey Report) you must be willing to be legally bound to purchase the property. It is possible that the seller’s solicitor may issue a formal letter accepting the Offer which would result immediately in a legally binding contract. You should, therefore, not instruct us to submit an offer for a property unless you are willing to be legally bound to the purchase.
Any questions?
Give us a call on 0131 312 7276 or drop us an email
