Graham Colley

Solicitor 

Graham Colley Solicitor

 Terms of    Engagement

My aim is to provide a high  quality service to my clients and it is therefore important that clients and their advisers are aware of the basis on which my service is provided and the terms on which it is carried out.

If at any time you have any doubt as to any aspect of the service or the basis on which it is being carried out, please immediately raise the matter with me.

The following terms and conditions are incorporated into any instructions which I accept in this and any future matters unless further terms are supplied and you should consider them carefully and raise any queries you have as soon as possible.

Nature of the Professional Service

My intention is to provide a service that gives general legal advice and specific assistance where agreed.

The practice does:

·           Give general verbal advice and assistance in personal and small commercial legal matters

·           Specialise in providing Wills, Inheritance advice

·           Act as a negotiator assist clients ease their way out of difficult problems

·           Provide commercial/family mediation services

·           act as executor and/power of attorney, but will not hold client money;

·           act as a link and interpreter with  the specialists and other solicitors and the client; relaying concerns to the specialist and interpreting and discussing the advice given

·        provide assistance with agreed specific matters

The practice does not:

·           Hold clients money

·           Provide conveyancing services (other than transfers etc with no monetary consideration), but will advise and introduce

·           Appear on the record in litigation matters, but will advise and assist and liaise with firms that conduct litigation

·           Act in divorces but will advise and assist and liaise with firms that conduct family will act as a family mediator in appropriate cases

·        Not advise in specialist tax and trust matters, but will introduce to other firms or counsel

Fees and Expenses

For most clients I am engaged on a retainer. For work prior to or in addition to that envisaged in my retainer, I shall charge a set fee for specific work.   I shall require your prior written consent to proceed with any work and payment by credit card/ guaranteed cheque prior to commencement. 

As such fee will be agreed in advance, such work shall be a ‘ contentious/ non contentious business agreement’ pursuant to Section 57 Solicitors Act 1974. Whilst your rights to ask a court to assess my costs are not affected, the Law Society Remuneration Certificate procedure is not available to such fixed cost agreements

Retainer

A retainer is regular payment based on the assumption that you will continue as my client. Whilst I shall seek to record time for work on your behalf, I regard a retainer as an equalisation process.  It aims to seeks to equalise the extra time you need at certain times with less work at other times. It also aims to balance one client who may have problems against other who fortunately do not. I anticipate that you will maintain the retainer for the full term. You may cancel a retainer at any time. However, if you do so and the time you have received at the time of cancellation exceeds the normal hourly rate, I shall assess the work at the hourly rate and discuss it with you.

In calculating the fee for a retainer, I have estimates a notional or average time over the period of years. If it appears that this is being exceeded, I reserve the right to renegotiate or determine the retainer as I think fit

It may be that for reasons beyond my control I am unable to continue to act as your solicitor. I shall endeavour to have arrangements in place for the orderly transfer of your affairs to another solicitor.  At times, I shall be on holiday and at other times I may be ‘off-duty’. I shall endeavour to be available or make alternative arrangements for emergencies during holidays. (Michael French and Booth Hearn 52 High Street Chatham ME1 4DS 01634 830628 have agreed generally to act in these circumstances). However, there may be communications difficulties or you will be unable contact me as promptly as you might wish.

Estimates

My retainer is based on the assumption that over a five year period I shall be involved in approx 5 hours work, Should this be exceeded, then I reserve the right undertake no further work or to raise the cost of the retainer to a new agreed fee.

For some set work I shall provide an estimate of hours. If this is exceeded I shall inform you and seek your agreement to continue at a new agreed fee.

Any estimate as to the total of our fees, whether my own or other solicitors is given only as a guide on the basis of the information then known to us and may not be regarded as a firm quotation unless otherwise agreed.  I will endeavour to revise an estimate given if it becomes clear that the level of charge is likely to vary substantially.

Billing Frequency

A copy of your agreement to my retainer with you or for additional work your written consent to undertake work shall constitute an agreed fee pursuant to section 58/59 Solicitors Act 1974 non-contentious/contentious business agreement. It will also constitute a written intimation of costs. A copy the consent/ retainer will constitute your bill.

Initially, I will not be registered for VAT. If I am or become VAT registered you will be issued with VAT receipt for the sum received or on the case of on an annual basis. VAT will be added at the applicable rate.

Expenses

Disbursements such as stamp duty, photocopying, long distance telephone and fax charges, couriers, travelling, research, all costs in engaging other advisers and all out-of-pocket expenses incurred on your behalf are payable by you.  I may invoice you for these expenses from you before they are incurred.

Terms of payment

Retainers are payable quarterly by standing order. Payment for other work shall be with your written consent to the work being undertaken. In the event of non-payment I shall be under no obligation to carry out any further work for you on any matter until the outstanding amounts have been paid.

It that you in certain circumstance you will be unable to send me your instructions in writing in advance. I shall send you confirmation by any convenient form of communication. In these circumstances, you will authorise me to commence and seek payment for the agreed fee from your credit/debit card.

Liability for Costs

Where another party might agree to pay your costs, or where some costs may be recoverable in litigation, or from your insurers, the responsibility to meet my fees and expenses remains yours regardless of any arrangements with, or rights against other parties or any court order or anticipated order. I am not responsible for collecting such fees.

Abortive Work and Termination of Instructions

If work, which I have undertaken for you, does not proceed to a conclusion or if you withdraw your instructions, I will charge for all work done up to the point the matter becomes abortive together with all disbursements (with a minimum fee of £75.00 + VAT) paid on your behalf.  In such circumstances I will also charge for work done and all costs and disbursements associated with the orderly termination or the transfer of such work to another professional adviser. If a retainer is determined on notice or cancellation of standing order no further work will be undertaken. No refund is due and if the time has exceeded the sums paid to date liability, I will ask that you keep your standing order in force to cover the remaining  sums on time/fee basis.

Client Relationship

On acceptance of instructions by way of a retainer or in relation to a particular matter, you will become my client and remain so throughout the duration of these instructions. I will not act for any other person or company in any related matter unless it is permitted by our professional rules and you agree otherwise in writing. I may require such other person to see me independently or for either of you to take independent advice

Unless you have specifically retained me to act for you in all matters, I am not precluded in any other circumstances from acting for another party in any transaction or litigation with which you are associated, provided it is permitted by our professional rules.

Unless otherwise specifically agreed in writing, I maintain the right to decide on the course to be adopted in the handling of any matter and the appropriate personnel to undertake the work.

Authority

Where I am instructed by joint parties, a company director or an association, I will be entitled to rely on the specific instructions of any one such joint parties or any officer of the company or association unless otherwise notified in writing.

Information

All information regarding your business and affairs will be regarded as, and kept confidential by me, at all times save for the purpose of instructing and dealing with other advisers acting on your behalf, or if it is already in the public domain, or you instruct us to disclose information, specifically, or by implication, to a third party.  In the case of young or elderly clients, unless specifically instructed to the contrary, I act on the basis that I may speak to relatives in general terms where I consider it in our absolute discretion to be in the client’s best interests. In certain circumstances, I may be obliged to give evidence and produce such information to courts, the Law Society or authorities in connection with your affairs. All circumstances where I reveal or such information must be at my absolute discretion.

You are reminded that public authorities may monitor all forms of communication and cannot be regarded as confidential.

All information and data held by us belongs to us and I have the right to retain ownership and keep copies of information and data.  On completion of any work on your behalf I shall request that you collect any paper file. If you ask that I store a completed file, I shall do so for a period of six years after which time I reserve the right to destroy it.

Timing

As I practice on my own with the intent of limiting overheads and staff costs, I have limited time. Whilst I shall do my best to deal with all requests as soon as possible, allocation of my time and the priority of my work must be at my absolute discretion. Should you wish to contact me urgently then please contact me via my mobile phone, text message or email.

Communication

I may contact you as often as I, in my discretion, consider appropriate. I shall usually telephone only between the hours of 8am and 9pm but if matters are urgent it may be outside of such hours.  There may be times when I am unavailable but I shall try to return to you as soon as practice. Should any message not be returned within 48 hours, please contact me again.

Whilst I may contact you by post, preferred methods are by email, fax or text message.  Any communication by email is to be as valid as if by post.

If you telephone me on my mobile phone, I may well be unable to record your message. Any such communication from you should be confirmed in writing/ by email, if you are requiring action on my part as it may be forgotten.

I will not incur any liability for any loss arising by reason of a failure of a communication to us or from us howsoever transmitted or dispatched to reach its intended destination, or for any interference or interception made of any communication in transit, or if transmitted by unauthorised persons whether or not resulting from an act or omission on our part.

I shall not incur any liability for and will not be responsible for any non-receipt thereof or any errors or ambiguity therein or any lack of authority on the part of the person giving or making instructions.

If I instruct any adviser to act on your behalf I will exercise due care in selecting the advisers.  I will not be responsible for any act or omission on the part of such adviser, by itself, its servants, agents or by others engaged by that adviser to act on your behalf.

Advice

As I cannot be an expert in every field of law and/or misunderstandings can arise during conversations or discussions, to be relied upon any advice given to you must be in writing. Should you wish to rely any verbal advice to you are specifically requested to request that it be given in writing. I reserve the right to require that you obtain a specialist opinion or qualify any advice with the proviso it is subject to specialist.

Unfortunately typing and errors can occur in any written documentation. I apologise in advance for these and, in so far as they are in documents to relied upon expect you to check them most carefully. If you do not understand something or it looks incorrect you must ask!

I can only advise on the basis of the information supplied to me. I expect that you will supply me with all relevant information. If in doubt please supply it to me.

I do not advise clients of their rights at the request of banks/ building societies, as I consider this creates a conflict of interest. I will, however, arrange for a client to receive this advice by another solicitor.

If you have any doubts about my advice, please ask me to explain my advice again, until you are satisfied.  A misunderstanding or lack of full information may result in incorrect advice being given.

I do not undertake to keep an ongoing review of your circumstances or to record/diarise and/or remind you of any key dates or   limitation periods and it is incumbent on you to contact me to discuss your personal and financial circumstances on an annual basis or whenever they may materially change. I also do not accept any liability or obligation to advise you of any changes in legislation or taxation which may directly or indirectly necessitate you to change your Will or otherwise to arrange your affairs

Safe Custody

I do not provide a safe custody facility.   If I recommend any such facility I will not be responsible for any act or omission on the part of such provider, by itself, its servants, agents or by others engaged by that provider to provide such facility  on your behalf.

I recommend that you keep copies of any documents and documents of importance are sent by recorded delivery. If you do not receive a receipt for any such documents from me or any safe custody provider you should enquire to ensure safe receipt.

Third Parties

I accept no responsibility in respect of any act or omission of any third party placing reliance on the performance of our services for you or on the advice given by us to you.

All information and advice of whatever nature given by us to you is for your sole use and shall not be disclosed or made available to third parties without our prior consent.

If you intend to publish or otherwise reproduce any part of the information or advice given by us to you, you hereby agree to allow us to approve the draft text prior to publication and to withhold consent. No such advice is intended to be relied upon by third parties

Transfer of Files and File Storage

I shall also make an advance charge for the transfer of your file (currently £30.00 + VAT) or such additional sum as reflect the time involved). I shall normally ask you to collect your papers at the end of any matter. If however file is placed in my closed filing system I make a charge of £25.00 (+ VAT) per annum for storage. You authorise me to collect such sums by deduction from your credit card. Not all the papers in the file are a client’s property and I reserve the right to retain these. I may destroy the file without further reference to you after the expiry of 6 years.  If you require confidential destruction of the file you should contact me to arrange for its collection as I do not provide such a service.

Client Funds

The maintenance of separate client accounts are an  expensive administrative burden I wish to avoid.  Therefore, I do not hold client monies.

Should monies require to be held in a client account, I will make arrangement for you or any third part to make payments receipts with solicitor who has such a facility. Such solicitor is likely to make a charge to you for such facility. Such solicitor will be responsible for holding such monies and accounting for them any interest that may be due. I cannot be responsible for any loss or delay arising from the use of any such client account facility or for checking that the accounting for such sums is correct.

Accordingly no payments should be made into my bank account other than sums due to agreed/invoiced and already me.  Any payment for combined client monies/ fees due must be refused and/or returned

Should I be asked to hold cheques payable to third parties on file, I cannot be responsible for any loss in interest arising from delay in payment or for problems arising from clearance.

You guarantee that all funds with which you ask me to become involved have been lawfully acquired and not derived from or otherwise connected with any unlawful activity.   If I have any doubts as to the source of funds I may be bound by law to notify the authorities. I undertake identity and proof of address (Money laundering) checks at the commencement of the retainer in respect of all clients.

You will not request me to take any action whatsoever in relation to the funds so as to contravene any law or regulation in force from time to time in England and Wales or in any other place whatsoever and I reserve the right not to comply with a request, which in our view could result in such contravention.

Transfer and Transmission of Funds

All transfers and transmissions of cheques/ bankers drafts are made at the client's risk and I shall not be liable for any loss, damage or delays howsoever caused which are not directly caused by gross negligence on the part of myself any of my employees.

Remuneration from Third Parties

Subject to receiving you consent, I shall be entitled to retain any benefit (whether direct or indirect) and including but not limited to all commissions, fees or other remuneration obtained:

(i)on any purchase or sale of investments; (ii) by reason of me, or any employee or

appointee acting as manager, trustee, director or officer of or adviser to the company, trust, investment fund, partnership or scheme shares or units of which are comprised in the assets of a client or which in any way transacts with a client; (iii) under any banking, investment advisory or other arrangements entered into on behalf of a client; (iv) on the giving of advice or other services to or in respect of a client.

If I arrange any general insurance  (i.e non-regulated by the Financial Services Authority) it will be on the basis that I may receive any commission received. I shall disclose the amount or approximate amount at the commencement of any such insurance and thereafter the amount or approximate amount on an annual basis.

It may be that in relation to work introduced to another solicitor, I shall receive a fees or share in the fee that solicitor charges you. I shall inform you of any such fee received but shall not require your consent to retain it.

In particular, if I act as your executor I may charge a fess for the acting as such as well as receiving a fee/shared fee for administration of an estate.

Additional Services

I offer various specific services. I will act in such a capacity only under specific terms agreed in advance in writing and the relevant terms of business will apply in addition to the terms of business set out herein.

If it appears to us that you or any others referred to in the file may benefit from our financial advisory services I may (unless you specifically request otherwise) make a referral to an appropriate independent financial adviser or firm  who will contact you to see if they can be of assistance.

Legal Aid Matters and other sources of payment of legal advice.

I do not undertake Legal Aid work, but you are reminded that if you believe you are on a limited income that you should enquire to ascertain whether you might be entitled

You may also be entitled to assistance under insurances or memberships. I will not necessarily be aware of these and so it is for you to check.

Acceptance

These terms and conditions will apply in respect of all services actually provided by us, whether or not there shall be in existence any written or other express acceptance.  I reserve the right from time to time to vary these terms and conditions herein.

These terms may be varied from time to time. The current versions will be posted on my  Website www.colley.co.uk/solicitor or may be obtained on paper from me at your request.

Client Care

I have a client care procedure, which is set out in our leaflet supplied to you ‘Solicitors Costs Information and Client Care Code’. Where the circumstances arise you agree to follow the procedures it outlines. In particular, it request that you  will attend any meeting organised  or proposed to resolve matters.

Regulation

Copyright © 2004-08  Graham Colley - Solicitor
Last modified: November 30, 2008

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