Terms of Business
Our Terms of Business
The scope of work letter and these Terms form the contract between you and the Company and it is very important that you read these carefully.
TERMS OF BUSINESS FOR SCULLION LAW LIMITED
The purpose of this document is to set out the terms of the contract under which we provide legal services to our clients. Further terms relating to the work you are instructing will be set out in the scope of work letter.
The scope of work letter and these Terms form the contract between you and the Company and it is very important that you read these carefully.
Scullion LAW is the trading name of Scullion LAW Limited, Company Number (SC406 372) having its Registered Office at 24 Blythswood Square, Glasgow G2 4BG.
Scullion LAW (the “Company”) includes all Directors, employees and representatives. It is a member of and regulated by the Law Society of Scotland.
1. PROVISION OF SERVICE
1.1 In dealing with our clients we aim to provide a high-quality service. We try to work quickly and efficiently and we hope you find us friendly and approachable.
1.2 All services and advice will be provided to clients on behalf of the Company by its Directors, employees or other representatives. The contractual relationship is between the Company and its clients.
1.3 When you contact us, please provide your reference number. This can be found on each letter or e-mail.
1.4 Our offices opening hours are Monday to Wednesday 9am to 5pm, Thursday 9am to 5.45pm and Friday 9am to 4.15pm. We can be contacted outside these hours by special arrangement although we reserve the right to charge an additional fee in such circumstances.
1.5 If the person you are dealing with is unable to take your call, you may leave a message. Our fax line is open at all times on 01698 284098 and we can also be contacted on info@scullionlaw.com and online www.scullionlaw.com
2. COMMUNICATION
2.1 We can only act on the information and instructions you provide us with. Where we are acting for one party we cannot accept any instructions from third parties (such as parents or partners).
2.2. Where we are acting on behalf of more than one party, as in the case of spouses or cohabiting couples, unless advised in writing to the contrary, it is understood that we will be entitled to rely on the instructions of one party only, which instructions will be binding on all parties in the same way as if they had also provided specific instructions.
2.3. You can instruct us either verbally or in writing, although we may ask you to confirm your instructions to us in writing, especially on matters of a complex nature.
2.4. If there is any change to your instructions, you must notify us in writing immediately. You should NOT assume that we have knowledge of any factual matters relating to your transaction, or that we have been informed of any change in instructions by third parties. We reserve the right to withdraw from acting or charge a fee supplement in the event that your instructions change or that information we have been provided with is incorrect.
2.5. We will keep you fully informed about your transaction. You accept an obligation to provide us similarly with full information and disclosure of all relevant information.
2.6. Where our client is a limited company, it is understood that we will be entitled to act on instructions given by any director of that company, which instructions will be binding on the company and on all the remaining directors.
2.7. Where we act for more than one person, each person is equally responsible for the instructions given to us and for payment of our fees and outlays in connection with that matter.
2.8. We may communicate with you and other parties through meetings, telephone, e-mail, fax or letter and may act on information received by these sources. We are not responsible for any loss arising as a result of non-delivery or interception, or from acting on false correspondence. Further, while we aim to ensure that any e-mail virus is intercepted, we cannot guarantee that this will not occur and therefore exclude any liability for loss or damage arising from e-mail correspondence.
3. OUR FEES
3.1 It is important that we both know clearly how we will charge the fee for all work we do for you before we start.
3.2 If we are able to agree a fixed fee for a fixed amount of work, we will agree this with you before we start. This will be sent to you in your scope of works letter. We ask that you read it carefully and return your signed acceptance to us. We recognise that sometimes you may not be able to sign and return these to us and when that happens, by continuing to instruct us you
are bound by the terms regardless of whether or not you sign your acceptance.
3.3 If we do not agree a fixed fee for a fixed amount of work and service level, our fee will be calculated taking into consideration a variety of factors including the amount of work we need to do; the importance and complexity of the work; the timescales; the risk to the firm; the amount of experience needed to do the work and the level of personal service requested.
It is our practice for our fees to be independently assessed by a law accountant to ensure that they are fair and reasonable. The law accountant will tell us what our fee will be by reference to an hourly rate which is split into 10 charging units as follows;
- Meetings, telephone calls, attendance at court 1 unit per 6 minutes or part thereof
- Letters 1.25 units per page of 125 words
- Formal letters & acknowledgements 0.5 units
- Preparing Court Writs and contractual documents 5 units per sheet of 250 words
- Preparing other documents 3 units per sheet of 250 words
- Preparing Accounts 5 units per sheet
Unless otherwise stated in the scope of works for your file, the hourly rate that will apply will vary depending on the person doing the work is as follows; (ex VAT)
- Director £300 – 500
- Senior Solicitor £275
- Solicitor £250
- Paralegal / Trainee solicitor £175
- Secretary / Clerk £ 75
3.4 If the work is done by a junior person but supervised by a senior person, the hourly rate for the senior person supervising the work will apply as if the work had been done by them personally.
3.5 The Law Accountant can also apply an uplift to the overall fee which they assess if they consider it appropriate. Examples of things which may be considered appropriate include urgency, complexity, novelty, risk, value and specialism required.
3.6 The fee which the law accountant charges to assess the fee is paid by you as an outlay.
3.7 If we have agreed a fixed fee for a fixed amount of work in advance and the fixed amount of work is completed, any extra work will be charged for separately using the mechanism above.
3.8 All fees are estimated exclusive of VAT, expenses and disbursements (for example, photocopying, delivery charges, travel, expenses, registration dues and searches) which are payable in advance. You are responsible for your fees and outlays even if they are to be met by a third party. We reserve the right to issue interim invoices when the fee reaches £500.
3.9 If your transaction does not complete, we will charge all or part of the estimated fee should your transaction not proceed for any reason.
3.10 VAT is charged at the current rate on all fees and on certain disbursements
3.11 Payment of fees is due on receipt of invoice. Where funds pass through our bank account, we will have the option to take payment of fees and outlays. Where we act for more than one party, all parties are jointly and severally liable for the payment of fees. We reserve the right to withdraw from acting for you if payment of fees is overdue.
3.12 We may require a payment to account at the beginning of a transaction. Please ensure you make your payment for these sums immediately upon request. Failure to comply could result in delays for which we do not accept responsibility.
3.13 We will issue our invoice either at regular intervals or at the end of the transaction. Payment is due within 14 days of the date of the invoice. If not paid within 14 days we reserve the right to charge interest on the amount overdue at 8% over the Royal Bank of Scotland base lending rate. We will also stop working for you and will not be held liable for any resulting losses. If not paid, we reserve the right to place the matter in the hands of our debt recovery agents, and we will be entitled to a full reimbursement of any fees or disbursements paid to the debt recovery agents to aid recovery of monies outstanding to our firm. Where we have issued a fee note for sums due, we shall take payment from any funds which we hold for you even if those funds have been paid to us in respect of another matter in which we act for you.
3.14 Where you require a detailed breakdown of your fee, it will be prepared at your expense.
3.15 If you dispute our fee, we will send the file to the Auditor of Court for taxation. The Auditor is an independent official who will assess the fee and their decision will be final.
3.16 The Auditor will charge a fee for the taxation and this is normally borne by the client. Any award of expenses of the taxation is at Auditor’s discretion.
3.17 Taxation is necessary by law and in practice in certain circumstances, such as where we act for a liquidator, Trustee in Bankruptcy, Judicial Factor. etc.
3.18 Where we have reached an agreement in writing with you regarding our fees, we are not obliged to send the file for taxation, in terms of s.61A of the Solicitors (Scotland) Act 1980.
3.19 Where we commission services on your behalf from third parties, E.g. transfer of bank funds or ordering searches, the fee we charge will include the payment to the third party for the service as well as our charges for associated work undertaken by the firm.
3.20 Please note an administration fee will be charged for scanning and storing documents, when we retrieve these from storage. The fee is £75 + VAT for physical documents and £25 + VAT for electronic documents.
3.21 We maintain professional indemnity insurance and the current level of indemnity is £2m per claim. The Company is also covered by the Scottish Solicitors’ Guarantee Fund which is managed by the Law Society of Scotland.
3.22 When we need to pay monies out on your behalf, we require for these to be repaid to the Company within 7 days.
3.23 From time to time we pay part of our fee to partners who introduce work to us. The actual amount paid may vary from case to case. If you require more information or do not wish us to do this for your transaction, please advise us in writing.
3.24 You agree to grant us authority to bank cheques payable to you in our account.
3.25 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. All expenses successfully recovered from your opponent will be paid over to you after deduction of all sums due.
3.26 If we require to raise Court Action against you for non-payment of fees we reserve the right to charge ALL Court Dues and an administration fee not less than £100 and equivalent to 20% of your total liability. This will be added to your invoice.
3.27 If we hold a small balance of up to £9.99, the Company will take this to fees. If the balance is greater than £9.99, we will try to contact you with the current contact details we have. If after a reasonable effort has been made to contact you, no further efforts will be made and if the balance is less than £50 we will give the remaining money to charity. If the balance is in excess of £50, a fee will be taken for trying to locate you at the last known address and the remaining balance will be remitted to The Queen’s and Lord Treasurer’s Remembrancer (Q<R).
3.28 If during the course of your transaction we require to arrange a specific incidental financial business then, the Company has limited its incidental financial business activities which may include: the sale of shares through stockbrokers, the arrangement of bond of caution or a title indemnity policy on your instructions allowed under the incidental financial business regime.
3.29 The Company is licensed by the Law Society of Scotland to carry on incidental financial business under the Solicitors (Scotland) (Incidental Financial Business) Practice Rules 2004.
3.30 The Company is not authorised by the Financial Conduct Authority under the Financial Services and Markets Act 2000. Our communication is not intended to be, or should be construed as, a financial promotion or an invitation or inducement (direct or indirect) to you or any other person to engage in investment activity
3.31 All fees are revised by the Company on 1 January of each year and will increase by the rate of inflation.
4. LEGAL AID
4.1 Where Legal Aid or Advice and Assistance (AA) is available to cover the cost of the work we are doing for you, we may assess your eligibility for the appropriate cover, explain the nature of the cover available to you and assist you in completing the necessary forms.
4.2 If you qualify for a full Legal Aid Certificate for a Court Action, the Scottish Legal Aid Board (SLAB) may require you to pay a substantial contribution, usually by 12 monthly instalments. A full certificate is for a limited amount because SLAB tightly controls unnecessary work. Some parts of our work may not be covered by the certificate and will have to be charged privately.
4.3 If your financial circumstances change significantly, you are required to notify SLAB and the Company immediately as your contribution may be changed, or your AA or Legal Aid Certificate may be withdrawn.
4.4 If the Board decide that you no longer qualify for Legal Aid, you will be liable for our fees. 4.5 If you are unsuccessful in applying for Legal Aid, we reserve the right to cease working on your matter until we agree the basis on which our fees will be paid. 4.6 Full details are available on www.slab.org.uk
5. DATA PROTECTION, GDPR AND THE RIGHT TO PRIVACY
5.1 Scullion LAW is a Data Controller pursuant to the Data Protection Laws. Where, in connection with the provision of our services to you, we have received or obtained personal information (personal data) this will only be used for the provision of such services, for providing information about the services which we can provide, for updating and enhancing client records, for analysis to help us manage our practice, for statutory returns and for legal and regulatory compliance.
5.2 Under the Data Protection Laws you have a number of rights and, amongst others, you may request details of personal information we hold about you. If you believe that any such information is incorrect or incomplete, please let us know. Any information that is found to be
incorrect will be rectified. A copy of our Privacy Policy and our Privacy Notice can be found on our website, www.scullionlaw.com
5.3 We may from time to time send you information which we think might be of legitimate interest to you as a client.
5.4 We may from time to time instruct others to perform services on our behalf. Where we do so, this may involve personal data we hold about you being passed to such third parties. We will only do this where it is necessary in connection with the provision of our services to you, and where we have sought agreement in advance from the third-party service provider that they will comply with the Data Protection Laws when handling your personal data.
6. AUTHORISATION AND MONEY LAUNDERING
6.1 If your transaction involves the transfer of money, e.g. for a house purchase, we need to obtain evidence of your identity in order to comply with the Money Laundering Regulations and to satisfy the Law Society of Scotland’s procedures for taking on new clients. While we will be able to start work on behalf of clients before receiving this evidence, we may cease to act in the event that clients do not provide satisfactory evidence of identity within one week (or shorter period notified) of it being requested.
We cannot complete your transaction until we have verified your identification. Any loss or penalty incurred, or increase in costs or fees caused as a result of a failure to obtain this identification will be your responsibility.
6.2 We must update this evidence of identity for existing clients every thirty-six months. When we receive your identification, we may verify this electronically which will incur an additional cost.
6.3 We are obliged under the Proceeds of Crime Act 2002 to submit a report to the National Crime Agency if we know, suspect or have reasonable grounds to suspect, that any person is involved in money laundering, drug trafficking or the provision of financial assistance to terrorism. We are not permitted to inform anyone of the fact that it has made a report and if asked by anyone whether a report has been made it will be neither confirmed nor denied. We may also have to cease to act without explanation in certain circumstances.
6.4 Any duties we may have under the Proceeds of Crime Act 2002 may over-ride our duties of confidentiality to you. If this is the case, we will act in good faith.
7. CONFLICT OF INTEREST
If we become aware of any conflict of interest in terms of the current Law Society of Scotland Rules, we shall discuss the position with you. You should also advise us if you become aware of any potential conflict. There are, however, exceptions to this general rule which can be discussed as necessary.
8. TERMINATION OF CONTRACT
Either party may terminate this contract at any time by giving reasonable notice in writing. In this event you will pay us a fee for the services performed having regard to the relevant fee basis. Upon payment of all fees, we will return to you on request all papers and other items belonging to you. (Subject to our right to retain copies).
9. OWNERSHIP OF DOCUMENTS
9.1 All materials and documents prepared for you will be held by us subject to full payment of fees and outlays.
9.2 For the avoidance of doubt we retain all copyright in any documents prepared by us.
9.3 At the end of a transaction, you must notify us in writing within three months if you wish to retain your file. If we receive no such notification, the file will remain as our property and may be destroyed at some future time without your instruction or notification. We may retain an electronic copy of your file indefinitely.
10. CLIENT SATISFACTION
Our success is built on our reputation for delivering results to our clients for over 40 years.
We pride ourselves on providing sound, reliable advice with a professional, personal touch and recognise that many of our clients turn to us at difficult or stressful periods in their lives.
If you have any questions about the service you have received, please contact the person dealing with you in the first instance. This is often the fastest and best way to resolve matters.
However if that would cause you difficulty, or you wish to speak to someone else, please contact our Client Care Manager, Charmaine Trainor.
Mr Nicholas Scullion is our Client Relations Partner.
If the matter cannot be resolved, you are always entitled to refer it to the Scottish Legal Complaints Commission (SLCC) who will look into your complaint. They can be contacted at www.scottishlegalcomplaints.org.uk/
11. ACCEPTANCE OF THESE TERMS OF BUSINESS
The Company reserves the right to amend or alter these terms at any time and any changes will be communicated to you. You will be deemed to have irrevocably accepted any alteration or amendment to these terms by virtue of your continued instruction to the Company to act on your behalf.
Finally, we know that you have a choice when instructing lawyers and thank you for choosing us.