Standard Terms Of Engagement

For the sake of clarity, and in accordance with the rules and guidelines published by The Law Society, our standard terms of engagement are set out below.

Scope Of Instruction

On receiving instructions we will, where possible, write to you to record your instructions, and of any substantial variations, which may be made from time to time. The retainer will start following the receipt by you of these terms. We request that you acknowledge receipt of these terms but if we commence work on your instructions, your acceptance of these terms will be implied.

Personal Conduct Of The Matter

Supervision of your matters will be the responsibility of the firm's principal, John Astbury, but he will not necessarily have day-to-day conduct of them. You will be kept informed as to the member(s) of the firm having conduct of each matter from time to time.

Evidence Of Identity

Within the meaning of the Financial Services Act (1986) and pursuant to the Money Laundering regulations 1993 we shall in certain circumstances be legally obliged to require you to provide us with evidence of your identity and your principal's identity if you are acting as an agent. The above Regulations are European requirements and will be followed by lawyers throughout the European Union.

Standards And Complaints

We aim to provide a high standard of professional service and if at any time you feel that this is not being achieved, please discuss it with John Astbury and if any such problem cannot be resolved with him, you will be advised how to take the matter up externally. It is our view that the quality of a firm can be judged as much by how it handles a complaint as it can from the work it performs.

Our Charges

Charges may be calculated on a fixed rate or on the basis of time incurred, charged for on an hourly basis. A minimum unit charge of 6 minutes is applied to all activities. In addition our charges may, where appropriate, also reflect other discretionary factors, including the value of the transaction, its complexity, the responsibility involved and time constraints.

Where practicable, we will give you an estimate of the cost applicable to your matter in advance. It is often difficult to do so accurately at an early stage because of unknown factors and unforeseeable circumstances. In appropriate cases we will break down a transaction into stages and give you an estimate of costs you are likely to incur to the end of the next stage. At the end of each stage we will work with you to produce a cost/benefit analysis in relation to the forthcoming stage.

Note however that estimates are for guidance only and unless specifically agreed in writing they are not intended to constitute binding limits. We may need to revise any estimate as a matter develops.

We may need to incur expenses (disbursements) on your behalf from time to time. Such disbursements will be recharged to you. We will always need to request you to provide funds in advance to cover expenses we may incur.

Payment Of Bills

Wherever possible and where appropriate we will submit an interim bill on a monthly basis, broadly reflecting the time incurred that month. These invoices are not to be regarded as final bills and may be revised later, even after the conclusion matter. Payment of our account should be made within 14 days of receipt in order to avoid any delay to your transaction. In addition to these bills we may ask you to make a payment in advance on account of costs generally and to top this up from time to time as the matter proceeds. We reserve the right to stop work on any matter for which we have not received payment for an interim account where due or a payment on account of costs as requested. Money held on your behalf for whatever reason and on whatever terms may be applied to such bills or in respect of such requests for payment on account.

Payment Of A Clients Cost By Others

Even if some other person agrees to pay your costs and/or disbursements, you remain primarily liable for these charges as they become due. Payment of our bills cannot ordinarily be postponed on the basis that they are likely to be, or should be, paid by some other person. However, at your request and expense, we will assist you in recovering the amount payable from the other person.

Retention Of Papers

After completion we will gladly look after papers you have not asked us to return. However please note that we will only be obliged to retain papers for six years after the matter has been completed, after which they may be destroyed, unless we have agreed otherwise. If you require retrieval of your file after one year, a charge may be made.

Termination Of Retainer

Either side may terminate the Retainer on 48 hours notice in writing, subject to payment of fees incurred on the value of work performed to date. Please note that Solicitors have the right to retain your papers in safekeeping if you do not pay their bills.

Jurisdiction

The agreement between us shall be construed according to the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England.

Why not call for a quote on 01273 405900 or e-mail details to: jastbury@astburys-law.co.uk