Agreement
These terms and conditions of business and our engagement letter form the agreement between us and by continuing to instruct this firm we will assume you have agreed to the terms and conditions set out here.
Levels of Service
We aim to achieve the highest possible levels of service in particular we aim to ensure we will:
- update you by telephone or in writing with progress on your matter regularly;
- communicate with you in plain language;
- explain to you by telephone or in writing the legal work required as your matter progresses;
- update you on the cost of your matter six monthly unless agreed otherwise;
- update you on whether the likely outcomes still justify the likely costs and risks associated with your matter whenever there is a material change in circumstances;
- update you on the likely timescales for each stage of this matter and any important changes in those estimates; and
- continue to review whether there are alternative methods by which your matter can be funded.
Our Responsibilities
To achieve the best possible outcome in your case, we need to work together with you and we will:
- review your matter regularly;
- always act in your best interests, subject to our duty to the court;
- explain to you the risks and benefits of taking legal action;
- give you the best advice about whether to accept any offer of settlement;
- advise you of any changes in the law; and
- advise you of any circumstances and risks of which we are aware or consider being reasonably foreseeable that could affect the outcome of your matter.
Your Responsibilities
You need to:
- provide us with clear, truthful and timely accurate instructions at all times;
- provide all documentation required to complete the transaction in a timely manner;
- respond to us in a timely manner;
- co-operate with us;
- not ask us to work in an improper or unreasonable way;
- not be dishonest to us or a court or Tribunal;
- not deliberately mislead us;
- accept our advice;
- attend as necessary on any medical or expert appointment or court hearings;
- safeguard any documents which are likely to be required for disclosure;
- promptly notify us of change of contact details; and
- discharge payments requested promptly.
Please note if you have entered into a No Win No Fee Conditional Fee or Contingency Fee Agreement with us you will only be liable for your disbursements and the only circumstances in which you may become personally liable for our and the defendant’s costs is if you fail to carry out your responsibilities or discontinue your case with us…
Copyright
Unless we agree otherwise, all copyright which exists in the documents and other materials that we create whilst carrying out work for you will remain our property. You have the right to use such documents and materials for the purposes for which they are created, but not otherwise.
Cash
Our practice’s policy is to only accept cash up to £500. If you try to avoid this policy by depositing cash directly with our bank, we may decide to charge you for any additional checks we decide are necessary to prove the source of the funds. Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.
Client Money
Any money received on your behalf will be held in our client account. Interest will be calculated and paid to you at the rate set by LLYODS TSB bank. That of course may change. The period for which interest will be paid normally runs from the date(s) when funds are received by us until the date(s) on the cheque(s) issued to you. The payment of interest is subject to certain minimum amounts and periods of time set out in the Solicitors’ Accounts Rules 1998.
Identification Requirements
The law requires solicitors to get satisfactory evidence of the identity of their clients and sometimes people related to them. This is because solicitors who deal with money and property on behalf of their client can be used by criminals wanting to launder money.
To comply with the law, we need to get evidence of your identity as soon as possible. Our practice is to obtain a certified copy of your passport or driving licence with a photograph.
Money Laundering Legislation
We are professionally and legally obliged to keep your affairs confidential. However, solicitors may be required by statute to make a disclosure to the National Crime Agency where they know or suspect that a transaction may involve money laundering or terrorist financing.
If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why. Please note it is not our policy to make settlement cheques to anyone other than yourself as our client regardless of whether you provide written authority.
Termination
You may end your instructions to us in writing at any time, but we can keep all your papers and documents while there is still money owed to us for fees and expenses.
We may decide to stop acting for you only with good reason. We must give you reasonable notice that we will stop acting for you. If you or we decide that we should stop acting for you, you will pay our charges up until that point. We will not transfer your file to you or others until our costs and disbursements are paid.
Storage of Documents
After completing the work, we will be entitled to keep all your papers and documents while there is still money owed to us for fees and expenses. We will keep our file of your papers for up to 6 years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them 6 years after the date of the final bill. We will not destroy documents you ask us to deposit in safe custody. If you require the file or locating any specific documents from it and making any copies for you during the period while it is in storage, we can provide this to you on payment of our storage retrieval fee of £25 plus the cost of making copies at the rate of 10 pence per copy provided all issues relating to costs have been resolved. We may charge you both for: time producing stored papers that are requested; and reading, correspondence or other work necessary to comply with your instructions in relation to the retrieved papers.
Data Protection
We use the information you provide primarily for the provision of legal services to you and for related purposes including: updating and enhancing client records; analysis to help us manage our practice; statutory returns; and legal and regulatory compliance. Our use of that information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access under data protection legislation to the personal data that we hold about you. We may from time to time send you information which we think might be of interest to you. If you do not wish to receive that information please notify our office in writing. The firm is registered with the Information Commissioner under registration reference
Limitation of Liability
Our liability to you for a breach of your instructions shall be limited to £2 million, unless we expressly state a higher amount in the letter accompanying these terms of business. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses, or any damages, costs or losses attributable to lost profits or opportunities. These limitations apply only to the extent that they are permitted by law. In particular, we cannot limit our liability for death or personal injury caused by our negligence.
Complaints Procedure
Our complaints procedures, including complaints about the bill, will be set out in the engagement letter accompanying these Terms.
Outsourcing of Work
Sometimes we ask other companies or people to do typing/photocopying, costing or other work on our files to ensure this is done promptly. We will always seek a confidentiality agreement with these outsourced providers. If you do not want your file to be outsourced, please tell us as soon as possible.
Rights of Third Parties
A person who is not a party to this agreement shall not be entitled to enforce any of its terms.
Applicable Law
Any dispute or legal issue arising from our terms of business will be determined by English law to the exclusive jurisdiction of the English courts.
Equality and Diversity
We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.
Your Right to Cancel
Under the Consumer Contracts Regulations 2013, you can cancel this contract within 14 days without giving any reason and we will reimburse any payment made. This applies where contracts are agreed away from our premises or we are not both physically present. You can cancel your instructions by contacting us by post, fax or email to this office. Please note legal aid cases fallout of the remit of these regulations but if you cancel your retainer with us reapplying for legal aid for the same issue may be difficult.
Provision of Service Regulation 2009
Details of our Professional Indemnity Insurance can be obtained by contacting our offices. We are Authorised and Regulated by the Solicitors Regulation Authority. SRA No. 834471.
Hours of Business
We are open 9:00 am to 5:30 pm Monday to Friday (except bank holidays and statutory holidays). Office: Telephone Number: 01706 644144
GDPR Notice
At Prime Legal Solicitors we take privacy very seriously and are currently updating all our records and processes to ensure that we are fully meeting the data protection standards introduced by the General Data Protection Regulation (GDPR) on 25 May 2018.
We are registered as data processors with the Information Commissioner’s Office (ICO).
The categories of information that we collect, hold and may share include:
- Personal information (such as name, address, date of birth)
- Characteristics (such as ethnicity, language, nationality, country of birth)
- The issues upon which we are instructed
The lawful basis on which we use this information
We collect and use information under the following lawful bases established by the GDPR:
- Legitimate interests: The processing involves using your data in ways you would reasonably expect and which have a minimal privacy impact.
- Legal obligation: We are required to retain this information for a period of at least six years following the termination of our retainer.
Who we share information with
We routinely share information with:
- Insurance companies
- Barristers
- Government departments
- Banks/Financial institutions
- Solicitors
Why we share information
We do not share information with anyone without your consent unless it is a legal requirement or is necessary to progress the matter upon which you have instructed us.
We are required to share certain data with official bodies (such as HMRC or the Department for Work and Pensions (DWP) on a statutory basis).
Data collection requirements
To be granted access to any information we hold, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements, and retention and use of the data.
We do not keep data for any longer than necessary and do not allow its use for any purpose other than that for which it has been collected. Should new processes be introduced into the organisation or innovative uses of the data we hold, you will be kept informed at each stage.
We will also keep you updated about any other services and products that may be beneficial to you.
Requesting access to your personal data
Under the GDPR, you have the right to request access to information about you that is held by this organisation. To make a request for your personal information, contact Mr Hassan Ansari, who will deal with the request within 30 days.
You also have the right to:
- Object to processing of personal data that is likely to cause, or is causing, damage or distress
- Prevent processing for the purpose of direct marketing
- Object to decisions being taken by automated means
- In certain circumstances, have inaccurate personal data rectified, blocked, erased, or destroyed
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with Mr Hassan Ansari in the first instance. This does not affect your right to complain to the Information Commissioner’s Office (ICO) (ico.org.uk).
Direct marketing
As detailed above, Prime Legal Solicitors will only use your personal information to administer your information and to provide the products and services you have requested from us.
However, from time to time, we would like to contact you with details of events and services we provide. If you consent to us contacting you for this purpose, please tick to say how you would like us to contact you:
- Post
- Telephone
- Text message
- Automated call
NB: If you prefer not to be contacted with this information, then please leave all five boxes un-ticked.
This section also allows you to view and manage your security settings and consent preferences and reminds you of your rights to:
- Access your personal data
- Request the removal of data which is no longer relevant or being used
- Change or withdraw consent at any time