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FREDERICK & CO TERMS AND CONDITIONS OF ENGAGEMENT
Contract:
These terms and conditions, together with any communication accompanying them and any enclosed schedule of costs, will form our agreement with you to carry out the work referred to in that communication.
Quality Service:
In all our dealings with our clients we aim to provide a high quality service, to find out what our clients want, and achieve it. We try to work quickly and efficiently, and we hope you find us friendly and approachable. A t the end of the transaction we hope you will think our fee represents good value for money.
Contacting Us:
We are open from 9am to 1pm and 2pm to 5pm from Monday to Friday. Our telephones are answered from 9am to 1pm and from 2pm to 5pm, Monday to Friday. If we are closed for a local or statutory holiday, you can record a message on our telephone answering machine. Our fax line is open at all times.
Frederick & Co Solicitors
19 Sandyford Place
Glasgow G3 7NQ
Tel No: 0141-221 5575
Fax No: 0141-221 11611622 Paisley Road West
Glasgow G52 3QN
Tel: 0141 810 6332
Fax: 0141 882 6332Your Work:
We will always try to do what you want and carry out your instructions. You may tell us what you want by telephone, at a meeting or in a letter. In some situations we may ask you to confirm what you want by letter.
Change of Plan:
Please tell us if you change your wishes. We will tell you what effect this has.
Who Will Do Your Work:
You will be given the name of the person who will be dealing with your work on a day-to-day basis. Other people may also help from time to time if we feel this will more effectively progress matters or if they have special expertise that is required. We believe it is very important that you are well informed about the progress of your work. We will advise you at regular intervals regarding the progress of your work and keep you informed of all significant developments. If you are uncertain about what is happening at any time, please ask.
Liability:
Unless we agree otherwise in writing, we shall assume that where we act for more than one person but only one of them tells us what to do, that person has the authority of the other(s) to do so. Every person is jointly and severally liable for all matters relating to the work we do. If you do not understand what this means, please ask us to explain.
Private Limited Companies:
If we are given instructions by a private limited company then, unless otherwise agreed with you in advance, it is a condition of our accepting these instructions that the Directors are jointly and severally liable along with the Company for payment of our fees and costs and any interest thereon.
Confidentiality:
Information passed to us is kept confidential and will not be disclosed to third parties, unless authorised by you or required by law.
Copyright and Third Parties:
All copyright in documents we produce is reserved to us. Advice given and documents prepared are for your use only and may not be copied or used by any third party without our express written consent.
Law Society of Scotland:
Like all Scottish solicitors we are members of The Law Society of Scotland and subject to its Professional Rules at all times.
Cost:
The basis on which we shall charge you fees for a particular matter will be a lump sum, or will depend on the time spent carrying out the work or on some particular scale of charges appropriate to the type of work. In assessing the fees we take into account a number of important factors, including: the value of the transaction, the complexity and difficulty of the matter, the skill, knowledge and responsibility involved, the urgency of the matter and the place where we are required to carry out the work. We are happy to tell you at any time what the fees are to date.
Estimates:
Any estimate we give is based on our experience in handling matters similar to the work you have asked us to do. However, no two matters are ever exactly the same and in some situations we may need to revise our original estimate. We will tell you as soon as we can if the work is more complicated or will take longer than we originally thought. If you are given not an estimate but a firm, fixed fee, our fee will not exceed the fixed figure, but because of its inflexibility, a fee fixed in advance may sometimes be higher than a fee charged for the work actually done.
Accounts:
We will issue our account either at the end of a matter or at regular intervals. Payments is due within thirty days of the date of account. If not paid within this time we reserve the right to charge interest on the amount overdue at 4% over The Bank of Scotland Base Rate. If you do not pay our account on time, we reserve the right to stop working for you and to charge you for the full amount of work we have done for you.
Legal Aid:
Where Legal Aid or Legal Advice and Assistance is available to cover the work we are doing for you, we shall assess your eligibility for the appropriate cover, and we will explain the nature of the cover available to you and assist you in completing all of the necessary forms.
Sales & Purchases of Property:
When you are selling property, we will deduct all outstanding costs together with our fees from the sale proceeds as soon as practicable after the date on which the sale is completed. When you are buying property, fees and costs will be payable by you by agreement, but no later than the date on which you become the owner of the new property.
Costs Paid on Your Behalf:
Where fees, outlays or expenses are to be paid by us on your behalf, we will endeavour to give you details of these in advance in order that you may place us in funds before the sums are due. If however we are unable to do so, we will require to be repaid by you within seven days of your receiving a request for payment of the appropriate sum.
Independent Fee Assessment:
If you are dissatisfied with the amount of our fees and, without our having told you, they exceed any estimate supplied, you may ask the Auditor of the Court of Session or an Auditor of Glasgow Sheriff court to check our fees. These officials are independently appointed. They may confirm, reduce or increase our fees. If the Auditor reduces the amount of our fees we shall only charge that reduced amount and we shall pay the Auditor's costs. If he confirms that our fee is correct or increases it, then you will be responsible for the Auditor's costs in addition to the fee. If he increases our fee we reserve the right to charge the increased figure.
Outstanding Monies:
You are entitled to change solicitors at any time but you are responsible for the fees and any other outstanding payments due to us until the time of change. We are entitled to hold any title deeds, files or other papers until payment.
Dissatisfaction:
Frederick & Co are proud of our excellent relationship with our clients. If however you are at any time unhappy about the legal advice you have been given, the quality of service provided or the way you have been treated you should, in the first instance, take the matter up with the person with whom you have been dealing. Alternatively, if you prefer or if you are still not satisfied, please raise the matter with our Client Relations Partner, David Ritchie. He will ensure that any such complaint is fully investigated and that you receive a response as soon as possible, normally within ten working days. If you are still dissatisfied you are always entitled to take the matter up with the Client Relations Department at The Law Society of Scotland.
Whole Agreement:
These terms and conditions, together with any letter and/or schedule of costs accompanying them, constitute the whole agreement between us.
Applicable Law:
These terms and conditions are governed by the law of Scotland and are subject to the non-exclusive jurisdiction of the Scottish Courts.