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& TERMS OF BUSINESS Large print copy available on request
Internet services governed
by terms Last revised/updated October 2008
INDEX
Important note: In our professional dealings with clients, staff, other solicitors, barristers or other persons our practice does not discriminate on grounds of age, race, sex or sexual orientation, nor discriminate unfairly or unreasonably on grounds of disability. We adopt and comply with the Law Society’s Model Anti-Discrimination Policy a copy of which is available from us on request or can be found at : If you consider that there has been any discrimination in any aspect of the work carried out for you then please bring it immediately to the attention of our Mr. Kaye. We cannot emphasis too strongly the importance that we place on the question of anti-discrimination.
Please read this carefully, it is being displayed because of our professional rules. It contains basic information on your rights and on the terms (the contract) under which we agree to represent you. By instructing us after you read this web page you accept the terms herein so it is important that you carefully read its contents. It will, amongst other things, mean that the hourly charge‑out rate as set out herein will be fixed and given this agreement your rights to challenge those rates will therefore be restricted. If you are in any way concerned about or do not understand any element, please do not hesitate to contact us. This web page is in general form and we accept that some of the content may not be pertinent to you. However the index hopefully will lead you quickly to any specific area that you may wish to consider. We recommend that you read the whole of this web page. While we hope that it covers all questions about procedures, please do not hesitate to call us for clarification of any matter. Note that where this document refers to a specific area of practice, eg section 8 – Conveyancing, the general, non-specific elements of this web page will still apply to your matter. Whilst your solicitor has various duties to you as our client, we can only give best advice and service if the information you give is accurate and complete. We cannot represent you without full information about your matter, including your ultimate aims. We will:
PLEASE NOTE : Other legal and professional duties may occasionally affect the ability of your solicitor to meet all these standards. For example, the legal duty to release information about money laundering or the solicitor’s duty to the court can override the duty of confidentiality or duty to put your interests first.
We have one partner, a consultant solicitor and various fee earners. We operate under department heads. Mr Michael Kaye is in overall charge and oversees all matters. His specific areas lie with all contentious business, i.e. anything that involves your rights against others and may involve either the civil or criminal courts; in addition he deals with wills and probate matters. Mr Jeffrey Tesler, our consultant, heads the department that is in charge of all business matters ranging from house purchase to a company take‑over. You will always be able to identify who is dealing with your matter. Any letter sent to you will include our file reference which will appear at the top left corner. The first number in the reference denotes the person dealing with your case. At present the relevant personal reference numbers are:‑
The file reference will also include a five digit number which is your matter/case number. This matter number will identify your matter both for file and accounts records. If at sometime in the future after your matter has concluded, you wish us to retrieve the file, it will help if you can quote our full reference. All work will be carried out by the person whose reference appears at the top of correspondence but in every case if it is not carried out by Mr Kaye or Mr Tesler then it will be under one of their direct supervision, but ultimately under Mr. Kaye. In addition to the above our office manager is Mr. R. Shuttleworth, He has various banking qualifications and has been employed by us since 1983. Our accounts are handled by Mrs. Kaye who has maintained them since 1978 when they were first computerised. Concerns: Should you have any concern over anything affecting your case then it should immediately be notified to the fee earner dealing with your matter. If you feel that such concern affects the fee earner, then it should be addressed to the head of department or ultimately to Mr. Kaye.
3. OUR FEES AND EXPENSES - GENERAL In cases where we are not acting on an agreed fixed fee or where work over and above a standard conveyancing charge arises (of which you will be notified) our firm's charges will be calculated mainly by reference to time spent on your matter. Each file will contain records of time spent. This firm's categories of staff and their current charge‑out rates are as follows:
Charge‑out rates are reviewed annually on 31 December each year. These rates do not include any element of VAT or disbursements (out of pocket expenses) both of which will be added to the bill. We confirm that we shall seek your specific approval before incurring a disbursement in excess of £250 with the exception of Counsel's fees where we shall negotiate the best fee possible for the barrister that is considered appropriate for the case, but you will be informed of the fee prior to incurrence. Standard length letters (1 page) are charged at the rate of 10 units per hour. Telephone conversations are charged at our hourly rate. At the outset of each matter (when we have sufficient information to do so) and thereafter, if appropriate at approximately 6 monthly intervals we shall give you an estimate of our charges and possible disbursements. You may ask us for an update at any time. Our hourly rate appears overleaf and we shall try to estimate the number of hours spent by the person dealing with your case. Where it is not possible to forecast the cost then we shall tell you why. We will also provide you with a revised estimate if something arises during the course of dealing with your matter that alters the position. We shall inform you when it becomes clear that our costs estimate will be exceeded and supply you with a revised estimate. If the situation is such that you can no longer afford to proceed we shall consider other methods of payment including legal aid – note we do not undertake legal aid work. We shall set an upper limit which we shall not exceed without your consent. We shall make it clear whether any reference to costs is a fixed price or an estimate. We shall explain the circumstances in which a payment may have to be made to a 3rd party and shall update you at least every 6 months on the position re:charges. Our fees are subject to value added tax. In appropriate cases we will render interim bills at reasonable intervals. At the conclusion of the matter we will render our final account. Where appropriate we shall consider: whether you are eligible for legal aid, your own insurance and after the event insurance for the other sides costs. We shall explore no win, no fee and contingency fee arrangements and possibility of 3rd party’s such as trades unions, paying costs. We shall consider with you whether the cost and risk is worth taking the risk of entering the matter. Disbursements: These are out of pocket expenses paid on your behalf eg a court fee on the issue of proceedings or a local search fee in a conveyancing matter. We reserve the right to stop representing you should you refuse to place us in funds for such expenses when requested.
Conveyancing
Please refer to special section relating to conveyancing - see section 8.
No win no fee AND conditional fee arrangements In certain cases we may be prepared to undertake work on either of these bases. Specific terms of our agreement to act will be made clear on a case by case basis where either system of remuneration is offered. You may ask us for a copy of our standard terms when first contacting us. These include the circumstances in which you will be liable for the costs of any party including your own. Please do not hesitate to ask if we will act on such a basis, if we agree to so act then we shall go through the specific terms of our doing so with you.
In the course of dealing with your matter(s), it is inevitable that we shall ask you for information. Please provide that information promptly and take reasonable care to ensure that it is accurate. Your co-operating in your case in this way will hasten matters and reduce the risk of misunderstandings and disputes. We will accept instructions from you and only you unless you authorise us in writing to accept instructions from someone else. Our policy is to deal with all correspondence as quickly as possible and we shall report to you as and when appropriate. Please note that when we tell you that we shall contact you as and when there is a development we shall do so, and that phoning on an almost daily basis (as some clients do) does not speed matters but inevitably increases the time that we have to spend on a matter which in turn can affect costs.
7. MONEY
LAUNDERING “Money laundering” is the process by which the identity of “dirty money”, that is the proceeds of criminal conduct, and the true ownership of those proceeds, is changed so that the proceeds appear to originate from a legitimate source. For the protection of all clients and to comply with statutory requirements our firm operates money laundering procedures. As solicitors we have a legal obligation to reveal information to the appropriate Authorities if there are reasonable grounds to suspect an involvement with money laundering and we must do so without advising you or anyone concerned. As our client you must note that we are obliged to seek certain information before any instructions can be carried out. A solicitor is obliged to “know his client” and accordingly we shall be seeking information designed to inform us about your personal circumstances as well as your employment or business. Identification evidence will be sought and where money is involved we will need to know the source of funds and you may be asked to produce some information in support. UNTIL THE “KNOW YOUR CLIENT” PROCEDURES HAVE BEEN COMPLETED THERE IS NO CONTRACTUAL RELATIONSHIP BETWEEN US AND INSTRUCTIONS WILL BE RECEIVED AND ACCEPTED ONLY ON THE BASIS THAT BEFORE ANY TRANSACTION IS ENTERED INTO, THAT THE INFORMATION IS SUPPLIED. It is possible for client identification procedures to be carried out by an outside body. We reserve the right to ask that they confirm identity and for this service we will make a charge not exceeding £20 plus VAT. We shall only use such a body and incur expense if you are unable to bring evidence of identity to our office in person. It is a term of your engagement of our firm that we cannot accept liability for any consequential loss arising as a result of our compliance with our statutory obligations and our costs may include a charge for complying with the “know your client” regulations, the amount of such charge will be notified before incurrence in appropriate cases. Lastly,
we place all clients on notice that we will not accept in cash a sum
greater than £1,000 in any month.
8.1 OUR FEES AND EXPENSES Generally we agree a fee at the outset of a conveyancing matter. However there are cases when the amount of time needed on a particular case will not be apparent, in those cases we shall give you an estimate in accordance with the general section on fees mentioned at section 3 above Expenses (i.e. payments made or to be made on your behalf, including out-of-pocket expenses) are charged separately. Our fees and expenses are subject to value added tax at the prevailing rate. We will render our final account in the case of purchases as soon as possible after exchange of contracts and in cases of sales alone or sales and purchases synchronised to fall on the same day, as soon as possible after completion of the transaction(s) In appropriate cases we will render interim bills at reasonable intervals and our final account on completion of the matter. Generally conveyancing
matters take on average 6/8 weeks to complete but every case will depend
on its own particular circumstances and most importantly the ability and
willingness of the parties. Time scale is particularly difficult where
you are involved in a chain of transactions where the readiness of
different people plays a major role. 8.2 BUYING A PROPERTY Our service will include investigating the title to the property and reporting to you on the result of our investigation. We will also carry out standard conveyancing services, which will involve preparing and negotiating legal documentation, raising enquiries and carrying out searches. We will also attend to completion and post-completion formalities including the payment of stamp duty and any Land Registration requirements. If you are borrowing from a lender that has its own solicitors, we will provide them with copies of the information we have obtained. Unless agreed otherwise we will undertake standard searches and enquiries against the property you are acquiring. These searches are site specific and will not provide information on adjoining or neighbouring land. In particular they will not reveal whether a planning application has been made or a planning permission granted for the development of adjoining or neighbouring land or the installation of telecommunications masts or equipment. Also, information in respect of railways, canals or underground mining operations in the vicinity of the property is unlikely to be revealed. We will, if appropriate, undertake a coal mining and other like searches if the property is in an affected area. Frequently title deeds do not reveal ownership/responsibility for fences. If you are buying with another person we shall discuss whether you wish to purchase in joint names or as tenants in common and explain the differences. As search fees are disbursed whether or not the transaction proceeds to completion, we require a sum from you on account of these fees at the outset of the transaction. Please let us have your cheque in favour of Kaye Tesler & Co for the amount that will be notified to you. Please note that our fees and expenses (paid and anticipated) are payable by completion. When we are acting on a sale we reserve the right to deduct our costs, of which you shall have previously been notified from the proceeds of sale. We further reserve the right (unless otherwise agreed in writing) not to complete until we receive payment. If this is likely to cause you difficulty, please notify us as soon as possible, because if completion is delayed because you cannot pay our bill, you will be in breach of your purchase contract and any related sale contract. This may result in you incurring severe financial penalties/obligations. We advise you to obtain a buildings survey from an independent chartered or building surveyor to ensure you are made aware of any structural defects in the property. You also need to be aware that if the land is contaminated with toxic substances that pose a risk to human health, the local authority has the power to force the polluter to clean up the land. If the polluter cannot be found, the local authority can pursue the owner of the land, who will be you. We can, if you so require us, carry out a basic "desk top" environmental search against the property and provide you with a copy of the result, but we take no responsibility for the accuracy of the report. If the desktop search reveals (or you suspect) that the property might be contaminated, you should consider obtaining a more detailed report or instructing an environmental liability consultant. We regret that we do not have the expertise to interpret environmental reports and you should direct any questions to your consultant. Unless you ask us to provide more specialist planning advice, our service will be limited to making enquiries concerning, and advising you regarding, the present authorised use of the property for planning purposes. If the property is being purchased in joint names, we will explain the manner in which the property can be held by you. However, we will not provide advice on property rights unless you request it. If more than one person is likely to have a claim to the money left over following a sale of the property, it is best to have a formal document drawn up specifying how the proceeds are to be divided on death, sale or relationship breakdown. We can provide this service for an additional fee. Please raise the matter if this is something you want help with. 8.3 SELLING A PROPERTY Our service will involve preparing and negotiating legal documentation and (in consultation with you) dealing with enquiries raised on behalf of the buyer. You will need to carefully answer a detailed questionnaire that will be supplied to your purchaser. You will need to provide a list of fixtures and fittings that will be included in the price. We will also attend to completion and post-completion formalities including the receipt of monies and the discharge of any mortgage secured on the property. The buyer's solicitor will expect us to give an irrevocable undertaking to redeem all mortgages secured on the property from the proceeds of sale. We will act for you strictly on the basis that we have your irrevocable authority to give and fulfil that undertaking unless you tell us in writing otherwise. 8.4 STAMP DUTY LAND TAX There is a requirement for a Land Transaction Return to be completed on every purchase. Once the return is processed a certificate of notification will be issued for Land Registration purposes. Registration of the purchase at the Land Registry cannot take place unless this process is undertaken. There are several issues concerning this process which we should like to make clear to you. Even though we are able to submit the tax return form for you it is YOUR obligation to notify the Inland Revenue of the “liability to tax” within 30 days from the effective date of the transaction. As part of our service we offer a service of filling in the tax return relating to this transaction on your behalf. We presume that you will wish to avail yourself of this service but please note that you must check carefully that the information which we have inserted on the form is correct as the revenue authorities require you and not us to be responsible for its accuracy. You must sign the form. It is your responsibility to pay the tax due. If you are joint purchasers/ tenants, the duty to pay is joint and several even if in reality the funds for the purchase are provided by one party. The tax return requires us to give our details as “tax agent.” Stamp Duty Land Tax is collected on a “process now, check later” basis. This means that you may be liable to pay any shortfall from the self- assessed amount after any enquiry. Sometimes there will be an overpayment. In either case we will notify you. Under the new regime you are personally required to keep the relevant documents for a minimum period of 6 years, even though in practice such documents will normally be kept by us. 8.5 SCOPE OF OUR LEGAL SERVICES Our instructions are to buy or sell or mortgage a freehold or leasehold property on your behalf and does not include the following: Planning law advice: Environmental law advice: Construction law advice: Licensing law advice (eg, liquor and public entertainment licences): Tax advice or completion of the stamp duty land tax form unless undertaken on the above presumption. We have already explained to you our services relating to Stamp Duty Land Tax. However you should also be aware that we will not be advising you upon capital gains tax liability, capital allowances, VAT, inheritance tax, corporate tax or income tax. Where VAT is an issue (generally only in non-residential transactions), our retainer is limited to taking reasonable steps to clarify your VAT status and that of the other party and whether the VAT exemption has been waived. In reliance on that information, we will calculate the VAT chargeable on the transaction. If a transaction proves
abortive we reserve the right to charge an appropriate proportion of our
costs. 8.6 ACTING FOR BUYER AND LENDER Usually we will be acting both for the buyer or owner on a re-mortgage as well as the mortgage lender, so long as the loan is a standard institutional mortgage and no conflict of interest arises. However, if, for instance, we decide that the lender’s mortgage package is unsuitable for you, we may advise you to seek the advice of an independent mortgage advisor. In that case, we will have to decline to act for the lender while you consider that advice. If a conflict of interest arises we will notify you. If it cannot be resolved, it may be necessary for the lender to have separate legal representation and the issue of the additional costs involved will need to be addressed. In some instances the lender may insist that it has its own lawyer, in such a case you will be advised and told the consequences. See also conflict section 11. 8.7 LEASEHOLDS In transactions where you are buying a long leasehold interest we undertake the same procedure as when dealing with a freehold but additionally check and advise you on the lease. We will send you a copy of the lease and report on its terms to you either in writing or at a meeting. We shall require the vendor to provide a clear ground rent receipt and management history. Beware the management history may not be a true indicator of management expense into the future. When selling we will need a clear ground rent receipt and management history. If you are unable to provide these we shall have to approach your freeholder or his managing agent and this may cause delay and expense. Litigation can loosely be described as matters which may give rise to Court proceedings. Because every case is different and types of litigation are different (eg crime, personal injury, breach of contract, debt) it is impossible for us to give you a general guide as to what will happen, save for a few basic guidelines. Please bear in mind that litigation can be very upsetting and distressing. Litigation is always a risk. We have heard it said that in every case where there is a winner there is also a loser and ‘one lawyer got it wrong.’ That of course is a very great simplification but it is indicative of risk. When you leave our offices we hope that you will be assured that your case is in good hands and that we have given you the best advice in the circumstances. How you can help us? To be able to deal with your case to the best of our ability, we rely on you providing us with the necessary information. We need clear instructions about all of the relevant circumstances (including matters that are against your interest) and what you wish us to do; we need to know if you have any important time limits. We need to ensure that we have understood each other correctly, so do ask if you are not sure about anything. On various occasions we shall be asking you for information and it is important that you deal with these questions promptly. Please do not feel afraid to ask for a progress report if you are worried about anything and do not hear from us. Unless it is very urgent, it is easier for this to be dealt with by means of a letter than a telephone call, and it also gives you a record, should you ever have the same query or a similar query arises at a later stage. If circumstances change or other information comes to light, then it is important that you inform us of this. New information can lead to a change in our overview of the situation and the advice which we give to you. FEES (Please see section 3 above). We will explain, either at a meeting or by letter, your potential liability for your own costs and for the costs of any other party. Please note:
Keep a diary: In many cases, keeping a diary setting down what is happening to you on a day-to-day basis could strengthen your case enormously. Judges are very impressed with diaries written at the time when events are occurring and with witnesses who can give the precise dates and times of past events. This proves you are likely to be telling the truth and the other party is not. Writing legibly in your diary is also helpful! If you do not have a diary, a notebook with the dates written at the top of each paragraph or page is just as good.
Asking for help:
The legal terms and technicalities can at times be difficult to
understand – don't be afraid to ask questions if there is anything you
are uncertain about. If required we will give you more details
about everything discussed but you must tell us if there is something
that we have explained that you do not fully understand.
10. BANKING, INVESTMENTS and INSURANCE
In the ordinary course of
solicitors business it is common practise for a solicitor to hold money
on behalf of a client. Such money is held for all clients in a ‘client
account’ at a bank. The financial crisis in the banking world that arose
in the year 2008 has indicated that it is possible for a bank to
collapse. Kaye Tesler & Co’s client account is held at Lloyds TSB Plc
and it is a condition to our accepting money on behalf of any client
that it is held by us in our client account in accordance with Law
Society rules and regulations but it is held by us at your risk i.e. the
risk of the client and we are not liable if your money held in our
client is lost through the collapse of the bank.
As solicitors we are bound by
the rules governing our profession and we may not act for you if our own
interests conflict with yours, or if a conflict of interests arises
between you and any of our other clients, or even if there is a risk
that this might happen. 12. SPECIAL RULES ON MORTGAGES Following instruction from Bank Santander relating to mortgages issued by them or any of their subsidiaries we shall be following the procedures below. Subject to the rules of other lending bodies we propose following similar rules (where applied by such lending bodies.
Michael Kaye, the principal of the practice is committed to providing a high-quality legal service to all our clients. When something goes wrong he needs you to tell him about it. This will help him to maintain and improve our standards. If you have a complaint, please contact him with the details. What will then happen next? We will send you a letter acknowledging your complaint and asking you to confirm or explain the details. We will also let you know who will be dealing with your complaint. We will record your complaint in our central register and open a designated file specifically for your complaint, We will do this within a day of receiving your complaint. We will acknowledge your reply and confirm what will happen next. You can expect to hear from us within 3 working days of your reply. We will then start to investigate your complaint. This may involve one or more of the following steps:- If Mr. Kaye acted for you we will consider your complaint again. We will then send you a detailed reply or invite you to a meeting to discuss the matter. We will do this within 10 working days. If someone else acted for you, Mr. Kaye will ask them to give him their reply to your complaint within five working days. We will do this within a working day. We will then examine their reply and the information in your complaint file. We may also speak to the person who acted for you. We will do this within 7 working days of receiving their reply and the file. We may ask another independent solicitor to investigate your complaint. We will then write inviting you to meet him and discuss and hopefully resolve your complaint. We will do this within seven working days of receiving the reply from the person who dealt with your case. Within two working days of the meeting we will write to you to confirm what took place and any solutions we have agreed with you. If you do not want a meeting or it is not possible, we will send you a detailed reply to your complaint. This will include our suggestions for resolving the matter. We will do this within five working days of completing our investigation. At this stage, if you are still not satisfied, you can let him know. We will then arrange to review our decision. This may happen in one of the following ways.
We will let you know the result of the review within five days of the end of the review. At this time we will write to you confirming our final position on your complaint and explaining our reasons. We will also give you the name and address of our Consumer Complaints Service. if you are still not satisfied, you can contact them about your complaint. If we have to change any of the timescales above, we will let you know and explain why.
Once a case has ended for
whatever reason and our costs have been assessed and paid, your file
will be placed in storage for a minimum of 6 years and then destroyed.
Many elements of the file are your property. If you wish to be given the
file or any documents from the file then you should notify us within 7
days of the end of the case and we shall supply these without further
charge. Copyright Kaye Tesler & Co – 86 West Green Road, London N15 5PD.
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