This document contains important general information about the manner in which the firm deals with your matter, so that you understand the basis on which we act for you.
This forms part of the agreement between you and us, so we suggest you keep it in a safe place for future reference. These terms are subject to variation only with express written agreement.
Instructions
We have received your instructions to act on your behalf as, Co Administrator to the estate of [Blank].
Setting Standards
We at 3C Legal operate systems to ensure all staff meet certain standards with regard to client care. These standards include: Updating you by telephone, email or in writing with progress on your matter regularly; Returning your telephone calls within a reasonable period. We cannot guarantee that we will return your calls within the same day, but we will endeavor to return your calls within twenty-four hours, if possible: Dealing with correspondence of any sort with the minimum delay; Communicating with you and others in plain and concise language; Giving appointments to you without any undue delay; Explaining to you by telephone, email or in writing the legal work required as your matter progresses; Updating you on the cost of your matter regularly; Updating you on whether the likely outcome will still justify the likely costs and risks associated with your matter whenever there is a material change in circumstances; Dealing with you and all persons with the same attention, courtesy and consideration regardless of race, colour, or national origins, sex, creed, disability or sexual orientations;
There are standards, but these are the main ones that affect your dealings with us.
Place and hours of business
3C Legal Services Limited – is located at Abbots Court Farm Business Park, Churchend, Tewkesbury GL20 6DAThe normal hours of business are between 9.00am and 5.00pm. However, appointments and work is often done outside these hours.
Terms
These terms (which together with any other agreement we make with you constitute our ‘retainer’) will, subject to the application of then current hourly fee rates, apply to any future instructions given by you to this firm, unless otherwise agreed in writing. If any part of the retainer (including exclusions, limitations or other restrictions of our liability) is held to be illegal or unenforceable under any enactment or rule of law or professional obligation, that part shall to that extent be deemed not to form part of the retainer. The validity and enforceability of the remainder of the retainer shall not be affected. We reserve the right to make reasonable changes and modifications to our terms of business from time to time.
Handling your matter
We will provide you with details of the people involved in handling your matter, their status and contact details, and supervision and review arrangements.
Fees
Unless and until either (a) an alternative fee arrangement has been agreed and confirmed by us, or (b) a client is entitled to have our fees paid by a third party, the basis for calculations of our fees is described below and is mainly by reference to time sent by the person or persons dealing with the matter, the time charged being all time spent on the client’s affairs. This will include attendance upon the client and perhaps other people, court time, time spent traveling, considering preparing and working on papers and correspondence emails and making and receiving telephone calls including messages left on our telephone system. We do not normally charge postage, except where either the postage is sent special delivery or in unusual cases, we reserve the right to do so. We charge for all post outside the United Kingdom. Each Director and other fee earner’s time are charged on an hourly rate. Letters In and Letters Out are charged at a standard rate, except where the letter is long when the hourly charge rate will be applied. Emails In and Out are charged at a standard rate, except where the email is long when the hourly rate will be applied. Telephone calls are charged at a standard rate, except where the calls are long where the hourly rate will be applied. Messages are charged at a standard rate. Please see below for our charges and how they are calculated. Our hourly rates are reviewed annually on 1 April, and any revision of rates occurring during continuance of your matter will be supplied to you. Where it is necessary to carry out work outside our normal office hours or communicate with you outside the UK, we reserve the right to increase the level of the hourly rate. Out standard rates may be revised in cases of exceptional complexity or urgency. Where it becomes apparent that such circumstances exist, we reserve the right to terminate the retainer unless revised rates are agreed in substitution. In administration of estates and transactions involving a substantial financial consideration or benefit to the client, fees may be calculated both by reference to the time spent and also by reference to a value element based on, for example the size of the estate or the value of the financial benefit. The value element reflects the importance of the transaction and the consequent responsibility falling on the firm.
Our charge out rates are as follows:
James O’Malley £220.00 per hour
Para Legal £90 per Hour
Travel 0.78 per mile
Letters In/Letters Out standard charged at
10 = One hour of chargeable time.
Long or complicated letters will be charged on a time basis.
Emails In/Emails Out standard charged at
15 = One hours of chargeable time.
Texts In/Texts Out standard charge at
20 = One hours of chargeable time.
Telefaxes In/Out charged at £25.00
Bank transfers payments –
We charge a fee of £35.00 to send a payment by CHAPS bank transfer.
We must comply with the anti-money laundering legislation and regulations.
We reserve the right in exceptional circumstances to charge a fee. Please refer to the terms of business below concerning anti-money laundering procedures for further information.
Where the firm are required to open third party bank accounts in matters, this work will be carried on a normal hourly charge rate as above.
Disbursements include payments made by us on behalf of clients for example Court fees, Probate Registry fees, HM Land Registry fees, search fees, Office of the Public Guardians etc. We will not make such payments unless funds have been provided by the client for that purpose.
Fees are payable whether or not the matter is successfully concluded, or the matter completed. If any matter does not proceed to completion for any reason during the period in which we are instructed, then we shall be entitled to charge for work done on the basis set out above, even if we originally gave an estimate or guesstimate for work, but in our absolute discretion we may waive part or all of such entitlement to fees. Disbursements already incurred will also be charged.
From time to time the firm will be involved in cross selling, and this may allow the firm to pay or be paid an introduction fee, which we consider to be in normal terms of trading.
You are entitled to object to any bill delivered by us to you. You can complain to us and we will do all we can to resolve any issues. If all or part of the bill remains unpaid interest will be charged at 8% per annum.
Anti-Money Laundering Procedure
We are obliged under current legislation to apply procedure to guard against the risk of money laundering. These procedures sometimes require us to check the evidence of your identity (as banks have done for many years). We will let you know at the commencement of each matter whether this information is required and if so, we will notify you writing.We have a money laundering policy, and if you require a copy please let us know.
Data Protection
We will use the information you provide (including names, addresses and any personal details) 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 individuals or organisations providing services to you, such as expert witnesses and other professional advisers. You have a right of access under the date protection legislation to the personal data that we hold about you.We may from time to time send you information we think might be of interest to you. If you do not wish to receive that information, please notify us in writing.
Consumer Contracts Regulations 2013.
If you are a consumer (an individual acting for purposes which are wholly mainly outside your trade, business, craft or professional), the Consumer Contracts (Information, Cancellation and consumer Charges) Regulations 2013 apply to our retainer.If the retainer is deemed to be off-premises or distance contract for the purposes of the Regulations, you have the right to cancel it without giving any reason, or incurring liability during the fourteen day cancellation period, commencing on the day after the date on which the contract is formed.Should you wish to cancel the agreement, you simply need to write to us with confirmation you wish to cancel.If you do wish us to carry out work urgently, you must confirm this in writing. If you have confirmed that you wish us to act, then you will be liable for our charges for work done, even if the contract is cancelled later.You lose the right to cancel if the work has been fully performed.If for any reason you are unhappy with the service you have received, our company has a complaints process you can follow. Further details of what to do if you have a complaint, will be provided upon request.
Terms and Conditions of Business
Unless otherwise agreed, and subject to the application of the currently hourly rates, these terms and conditions of business shall apply to any future instructions given by you to this firm. Although your continuing instructions in this matter will amount to acceptance of these terms and conditions of business, it may not be possible for us to start work on your behalf until one copy of them has been returned to us to keep on our file. Any dispute of legal issue arising from these terms and conditions shall be exclusively determined by the Courts of England and Wales in accordance with the laws of England and Wales.