TERMS, CONDITIONS & OTHER LEGAL STUFF
As you would expect, when you ask us to help you with a project, we will need to confirm the business terms and conditions which will apply. And we want you to know what these are so you are aware of them – no “nasty surprises”!
We will therefore always, before beginning any work for you, give you a full Letter of Engagement (which will include our full Terms of Business). This will include any specific financial terms (e.g. regarding fees and costs) which we may by then have agreed with you.
We also have to include things in our Terms of Business because we are obliged to – either by law or due to Law Society of Scotland professional practice rules. The following is a summary of matters which are covered in full in our Terms of Business:
Cancellation of Contract
The Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013 apply to “distance selling” and “off premises” contracts. In most cases you have the right to cancel a “distance selling” or “off premises” contract within 14 days of it starting. Further details are contained in our full Terms of Business.
Fees, Costs and Scope
We will set out the basis upon which our fees will be charged and also any foreseeable outlays payable to 3rd parties e.g. charges payable to Registers of Scotland (see also our Costs page). We will also set out the agreed scope of the work we will undertake for you.
Law Society of Scotland
We are regulated by the Law Society of Scotland.
Client Authority and Instructions
Our full Terms of Business set out the situations where we will (and will not) carry out your instructions and the circumstances in which we are entitled to assume the person giving us instructions does in fact have authority to do so.
Holding Client Funds
We will confirm the basis upon which we may hold funds for you, in compliance with Law Society of Scotland professional practice rules.
Confidentiality, Privacy and Client Identity Verification
We have a duty to you to keep details of you and your business confidential, as part of Law Society of Scotland professional practice rules. However we are also required to comply with the Proceeds of Crime Act and anti-money laundering regulations and may require to report any unlawful activities of clients to the relevant authorities. These duties take precedence over our duty of client confidentiality. We will require to carry out identity checks and due diligence on all new clients and hold the information gathered for the purpose of compliance with the Proceeds of Crime Act and anti-money laundering regulations. We may also need you to supply us with specific information in order to verify your identity. If you do not or cannot supply that information we are entitled to refuse to carry out work for you or will be compelled to stop all work for you.
Method of Communication
Our primary method of communication will be email, unless specifically agreed with you.
All solicitors in Scotland must comply with the Standards of Conduct practice rules issued by the Law Society of Scotland. However if you are unhappy with the service provided by us or the amount of our fees we will endeavour to resolve the matter with you amicably. if you are still dissatisfied you may take the matter up with the Scottish Legal Complaints Commission.
Professional indemnity insurance and Liability
We hold Professional Indemnity insurance cover under the Law Society of Scotland’s compulsory Master Policy, which is provided by a panel of insurers led by the RSA Group. Coverage is limited to £2 million per claim which shall be the maximum amount of our liability to you. We shall not be liable for any indirect/consequential loss unless directly caused by deliberate and wilful default on our part.
At the end of our work for you, a copy of our file will be retained. This may be in electronic format. We will endeavour to return to you original documents where practicable. We are required to retain all records for 10 years, after which we may destroy them unless otherwise agreed in writing with you.