SH Solicitors LTD
Our Aim and Desire
We aim to offer all our clients quality legal advice with a personal hervice to match and at a fair and reasonable cost. Please read the following statement which will form the basis on which we will provide our professional services.
This website is owned and operated by SH Solicitors Ltd a law firm regulated by the Solicitors Regulation Authority. You can contact us by email at firstname.lastname@example.org
These terms and conditions apply to our website www.shsolicitors.com (the Website) and by using this Website you agree to be bound by these terms and conditions.
Any information provided on this Website is of a general nature and shall not constitute legal advice. If you wish to obtain legal advice on any specific matter please contact one of our suitably qualified lawyers. Whilst SH Solicitors Ltd. endeavour to ensure that all information contained on the Website is accurate and up to date, no warranty (express or implied) is given as to its accuracy or completeness and SH Solicitors Ltd. does not accept any liability for errors or omissions.
Liability Arising From the Use of This Website
To the fullest extent permitted by law SH Solicitors Ltd. excludes all liability for any loss or damage including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties arising out of or in connection with the use of this Website.
2. Our commitment to you
- REPRESENT your interests and keep your business confidential.
- KEEP YOU regularly informed of progress or, if there is none, when you are next likely to ayaear from us.
- TRY to avoid using technical legal language when writing to you – tell us when we fail in this aim!
- DEAL with your queries promptly, for example, we will always try to return your telephone calls on the same day.
3. Our Hours of business
The normal hours of opening at our offices are between 9am and 5pm on weekdays. Messages can be left on the voicemail of either your advisor or of the firm outside those hours and appointments or home visits can be arranged at other times when this is essential.
4. Charges and expenses
- Our charges will be calculated mainly by reference to the time actually spent by the solicitors and other staff in respect of any work which they do on your behalf. This will include meetings with you and perhaps others, reading and working on papers, correspondence, including e-mails, preparation of any detailed costs calculations, and time spent travelling away from the office when this is necessary. It will also include any time spent in relation to our obligations under the Money Laundering Regulations. From time to time we may arrange for some of this work to be carried out by persons not directly employed by this firm. You will be charged at rates not greater than those set out below. The person responsible for the day to day handling of your work will be able to give you an approximate indication of the amount of fees incurred at any given time, and discuss any other factors which may affect the final fee. The charge for our time includes the normal cost of using other resources such as telephones, photocopiers, facsimiles, etc.
- Routine letters are charged as 12 minute units of time and we charge for the time spent on making and taking telephone calls in 12 minute units and considering incoming letters at units of 6 minutes per page.
- Unless advised to the contrary, i.e. when an estimate is sent for a conveyancing transaction – the current hourly rates of the person dealing with your matter are set out in the accompanying letter. We will add VAT to these at the rate that applies when the work is done. At present, VAT is 20%.
- These hourly rates have to be reviewed periodically to reflect increases in overhead costs and inflation. Normally the rates are reviewed with effect from 1 May each year. If a review is carried out before this matter has been concluded, we will inform you of any variation in the rate before it takes effect.
- In addition to the time spent, we may take into account a number of factors including any need to carry out work outside our normal office hours, the complexity of the issues, the speed at which action has to be taken, any particularly specialist expertise which the case may demand. In particular, in property transactions, in the administration of estates and in matters involving a substantial financial value or benefit to a client, a charge reflecting, for example, the price of the property, the size of the estate, or the value of the financial benefit may be considered. It is not always possible to indicate how these aspects may arise but on present information we would expect them to be sufficiently taken into account in the rates which we have quoted. Where a charge reflecting any value element is to be added we will explain this to you.
- Solicitors have to pay out various other expenses on behalf of clients ranging from Land or Probate Registry fees, to court fees, experts’ fees, and so on. We have no obligation to make such payments unless you have provided us with the funds for that purpose. VAT is payable on certain expenses. We refer to such payments generally as ‘disbursements’. We normally request payment in advance for expected disbursements so that we can pay them promptly. Please respond quickly as delay in providing funds may result in delay in dealing with the matter for you. Where disbursements are relatively small, we may exercise a discretion and make payments without your specific instructions. If you prefer, however, we are willing to undertake not to make such payments without reference to you, although this may cause delay.
- If, for any reason, this matter does not proceed to completion, we will be entitled to charge you for work done and expenses incurred.
5. Payment arrangements
- We normally ask clients to deposit an advance payment on account of fees and disbursements. We reserve the right to make the receipt of such payment a condition of our accepting instructions.
- A member of our accounts department is available to discuss payment options with you at any time.
- Property transactions. We will normally send you our bill following the exchange of contracts and payment is required on a purchase prior to completion; and at completion; on a sale. If sufficient funds are available on completion, and we have sent you a bill, we will deduct our charges and expenses from the funds.
- Administration of estates. We will normally submit an interim bill at regular stages during the administration, starting with the obtaining of a Grant. The final account will be prepared when the Estate Accounts are ready for approval.
- Other cases or transactions. It is our normal practice to ask clients to pay interim invoices which will be raised at regular intervals as work progresses. They will not necessarily cover all work done but this will be made clear to you. When sending an interim invoice any payments made on account will be shown and we may ask for further funds on account so that we can continue to work on the file. We find that this helps clients in budgeting for costs as well as keeping them informed of the legal expenses which are being incurred. If such requests are not met with prompt payment, delay in the progress of a case may result. In the unlikely event of any bill or request for payment not being met, this firm must reserve the right to stop acting for you further.
- Payment is due to us within 21 days of our sending you a bill. Interest accrues at a daily basis at 4% over the Bank of England’s base rate from time to time from the date of the bill in cases where payment is not made within 21 days of delivery by us of the bill.
- In the event of payment not being made within these terms, we reserve the right to suspend work on your file where the account is unpaid and on any other matters being dealt with for you and, ultimately, to decline to represent you further. In those circumstances, final accounts will be rendered for work on all matters calculated on that date.
- Abortive Costs
Where you have been offered a discounted or competitive fee (as you have been in this case as my normal hourly rates are £240.00), you remain liable for my full fees, and any disbursements already incurred on your behalf, if you decide, for whatever reason, not to proceed with the transaction. However, I will within my reasonable discretion, and almost all instances where I have engaged in less than three hours of work, be willing to charge you a reasonable fee to reflect the work carried out.
- Section 57 of the Solicitors Act 1974
Where, by your agreeing to discounted fees or hourly rates which will be confirmed to you in writing, you agree that the provisions of the non-contentious solicitors remuneration order, entitling you to apply for a remuneration certificate, does not apply in your matter, and that the terms under section 57 of the Solicitors Act 1974 has been fully complied with, and furthermore that you acknowledge and agree, that this agreement is not a Contentious Business Agreement within the terms of the Solicitors Act 1974. This essentially means that if you have accepted discounted fees or hourly rates quoted to you for the proposed work in question as being reasonable, you will not at a later date seek to challenge this. This serves to protect us from having to engage in any potential lengthy administrative in having to justify our agreement, or the basis for it, to the Law Society. Therefore if you have any issues that you wish to raise about this, please do so within 7 days of providing your initial instructions, otherwise your continued acceptance of our service means you fully agree to this provision. If you decide not to agree we will need to charge you a further £250.00 plus vat to cover the additional cost for having to potentially deal with this issue at a later date.
6. Other parties’ charges and expenses
- In some cases and transactions a client may be entitled to payment of costs by some other person. It is important that you understand that in such circumstances, the other person may not be required to pay all the charges and expenses which you incur with us. You have to pay our charges and expenses in the first place and any amounts which can be recovered will be a contribution towards them. If the other party is in receipt of legal aid no costs are likely to be recovered.
- If you are successful and a court orders another party to pay some or all of your charges and expenses, interest can be claimed on them from the other party from the date of the court order. We will account to you for such interest to the extent that you have paid our charges or expenses on account, but we are entitled to the rest of that interest.
- You will also be responsible for paying our charges and expenses of seeking to recover any costs that the court orders the other party to pay to you.
- A client who is unsuccessful in a court case may be ordered to pay the other party’s legal charges and expenses. That money would be payable in addition to our charges and expenses. Arrangements can be made to take out insurance to cover liability for such legal expenses. Please discuss this with us if you are interested in this possibility.
- Some types of work, e.g., property purchases and settlement of large claims, may involve us in making substantial payments to third parties from the money which we hold in our client bank account. Our client account is operated in accordance with professional rules which govern payments against uncleared funds. Where money is to be paid to a third party at least four working days must be allowed for clearance of any cheques deposited with us by you or anyone on your behalf for the purpose of making such payments. In many cases, it will be both cheaper and more convenient for you to arrange for funds to be sent to us by telegraphic transfer and we will advise you when this is appropriate..
7. People responsible for your work
- The person responsible for dealing with your work is detailed in the accompanying letter. We will try to avoid changing the people who handle your work but if this cannot be avoided, we will tell you promptly of any change and why it may be necessary.
- The partner of this firm with final responsibility for work done in this department is also referred to in that letter.
8. Equality and diversity
This firm is committed to promoting equality and diversity in all of its dealing with clients, third parties and employees (please contact us for a copy of our equality and diversity policy).
9. Communication between you and us
Our aim is to offer all our clients an efficient and effective service at all times. We hope that you will be pleased with the work we do for you. However, should there be any aspect of our service with which you are unhappy, please raise your concern in the first place with the person dealing with the matter or head of the department which is dealing with your case. If you still have queries or concerns, please contact the Partner responsible for the department dealing with your case. Shahbon Hassint is the client care partner to whom any final difficulty can be reported.
- We will aim to communicate with you by such a method as you may request. We may need to virus check disks or e-mail. Unless you withdraw consent, we will communicate with you and others when appropriate by e-mail or fax but we cannot be responsible for the security of correspondence and documents sent by e-mail or fax.
10. Identity and disclosure requirements
- To comply with the Money Laundering Regulations, we will require evidence of identity for certain transactions and may decline to accept payments and deposits in cash.
- In addition to asking you for evidence of identification and address we may from time to time use electronic verification in order to comply with our obligations under the Money Laundering Regulations.
- We are obliged to refuse to act for you if you fail to supply appropriate proof of identity for yourself or for any principal whom you may represent.
- Solicitors are not allowed to disclose information about a client’s affairs without the client’s authority. By signing this Terms and Conditions of Business and returning it to us you authorise us to disclose to the other parties in the transaction and, if applicable, to all other parties in the chain of transactions and their agents and advisers, all information which we have in relation to your involvement in the transaction including any related sale or mortgage and other financial arrangements and wishes as to dates for exchange and completion. You may withdraw this authority at any time but if you do so you should appreciate that we will inform the other party or parties and their agents or advisers that this authority has been withdrawn.
- We will not be liable for any loss, damage or delay arising out of the firm’s compliance with any statutory or regulatory requirement.
11. Data protection/quality standards
The Data Protection Act requires us to advise you that your particulars are held on our database. We may, from time to time, use these details to send you information which we think might be of interest to you.
12. Outsourcing of work
- Although we do not outsource work at present, such as typing or photocopying documents, we may do so in the future.
- In the event that we adopt this practice we will use our best endeavours to ensure that client confidentiality is preserved.
- Should you object to this practice, please advise us in writing so that your file can be noted accordingly. .
13. Financial services – Rule 3 of the Solicitors’’ Financial Services (Conduct of Business) Rules 2001
- We are not authorised under the Financial Services and Markets Act 2000 but we are able, in certain circumstances, to offer a limited range of investment services to the client because we are members of the Law Society. We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide.
- If you have any problem with the service we have provided for you then please let us know. We will try to resolve any problem quickly and operate an internal complaints handling system to help us to resolve the problem between ourselves. If your any reason we are unable to resolve the problem between us, then we are regulated by the Law Society, which also provides a complaints and redress scheme.
14. Insurance mediation
This firm is not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly the advising, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by The Law Society. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register.
15. Payment of commissions
SH Solicitors Ltd is authorised by the Solicitors Regulation Authority to conduct investment business under the provisions of the Financial Services Act. Any commissions which we receive (from brokers, insurance companies etc) as a result of acting for you will be used to your benefit by being applied towards any outstanding fees. Should commission received exceed fees incurred, we will pay you any balance.
16. Interest payment
Any money received on your behalf will be held in our Client Account. Subject to certain minimum amounts and periods of time set out in the Solicitors’ Accounts Rules 1998, interest will be calculated and paid to you at the rate from time to time payable on [name of bank] Designated Client Accounts. The period for which interest will be paid will normally run from the date(s) on which funds are received by us until the date(s) of issue of any cheque(s) from our Client Account.
- Where a client obtains borrowing from a lender in a property transaction, we will ask the lender to arrange that the loan cheque is received by us a minimum of four working days prior to the completion date. If the money can be telegraphed, we will request that we receive it the day before completion. This will enable us to ensure that the necessary funds are available in time for completion. Such clients need to be aware that the lender may charge interest from the date of issue of their loan cheque or the telegraphing of the payment.
- We may in certain circumstances agree with you not to account for any client account interest that may otherwise be due to you in consideration for our having offered you reduced fees. You will be notified in writing where this is the case.
17. Tax advice
Any work that we do for you may involve tax implications or necessitate the consideration of tax planning strategies. We may not be qualified to advise you on the tax implications of a transaction that you instruct us to carry out, or the likelihood of them arising. If you have any concerns in this respect, please raise them with us immediately. If we can undertake the research necessary to resolve the issue, we will do so and advise you accordingly. If we cannot, we may be able to identify a source of assistance for you.
18. Vetting of files and confidentiality
As this firm is registered under quality standards, we are subject to periodic checks by outside assessors. This could mean that your file is selected for checking, in which case we would need your consent for inspection to occur. All inspections are, of course, conducted in confidence. If you prefer to withhold consent, work on your file will not be affected in any way. Since very few of our clients do object to this we propose to assume that we do have your consent unless you notify us to the contrary. We will also assume, unless you indicate otherwise, that consent on this occasion will extend to all future matters which we conduct on your behalf. Please do not hesitate to contact us if you require further explanation or if you would like your file to be marked as not to be inspected. If you would prefer to withhold consent please put a line through this section when you return the signed copy to this office.
- You may terminate your instructions to us in writing at any time but we will be entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. If at any stage you do not wish us to continue doing work and/or incurring charges and expenses on your behalf, you must tell us this clearly in writing.
- If work which we have undertaken for you does not proceed to a conclusion, we will charge only for work done up to the point when he matter proves abortive and for any disbursements paid on your behalf.
- Where you terminate your instructions to us before a matter is concluded, again we charge only for work done up to the point of termination. If required your files and other papers will be released once payment of our account and any other outstanding accounts has been made.
- If we decide to stop acting for you, for example if you do not pay an interim bill or comply with the request for a payment on account, we will tell you the reason and give you notice in writing.
- Under the Consumer Protection (Distance Selling) Regulations 2000, for some non-business instructions, you may have the right to withdraw, without charge, within seven working days of the date on which you asked us to act for you. However, if we start work with your consent within that period, you lose that right to withdraw. Your acceptance of these Terms and Conditions of Business will amount to such a consent. If you seek to withdraw instructions, you should give notice by telephone, e-mail or letter to the person named in these Terms of Business as being responsible for your work. The Regulations require us to inform you that the work involved is likely to take more than 30 days.
20. Limited companies
When accepting instructions to act on behalf of a limited company, we may require a Director and/or controlling shareholder to sign a form of personal guarantee in respect of the charges and expenses of this firm. If such a request is refused, we will be entitled to stop acting and to require immediate payment of our charges on an hourly basis and expenses as set out earlier.
21. Storage of papers and documents
- After At the conclusion of your case or sooner, all original documents relating to your file and any other documents that belong to you will be provided to you. This is to ensure that we do not retain or have any further responsibility for any documents which belong to you in our possession. However, we will retain a copy of these same documents for our own purposes, and which will be stored and normally destroyed after a period of six years.
- As a matter of our firms’ policy, clients are provided a copy of each and every single document pertaining to their case during the course of their instructions. Evidence of this is maintained in every file. Any original documents retained in the file at the time of closing are sent to a client by way of recorded delivery post or the client is invited to collect them, within 14 days. Any original documentation held by third parties are, on a client’s request, requested back or if received at a later date, forwarded to a client. It is a client’s responsibility to query any missing documents, within 14 days of closing a client’s file (of which a client will be provided notice), and if a client fail to do so, a client will be further responsible for any resultant costs incurred, at any later date. Therefore please keep the documents from us in a safe place. We also strongly suggest that a client buy a folder for filing documents (obtainable from us or any stationery shop) in which a client can store these documents for their own safe keeping and reference.
- If a client should require a copy of our papers, after they have been placed in storage, then our firm naturally reserves the right to make a reasonable charge to cover the overheads of retrieving a client file. This will usually be £50.00 plus vat. In order to avoid this charge for retrieving a client’s papers being made, a client should please retain all documents carefully and a safe place.
22. Financial arrangements
- We can only accept amounts of cash up to £1,000.
- On the conclusion of the retainer, monies due to the you will be paid by cheque (of the equivalent), but not in cash, and will not be made payable to a third party.
23. Acceptance of these terms
- Unless otherwise agreed, and subject to the application of then current 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 an 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 for us to keep on our file.
All rights, including copyright, in the content of the Website are owned by SH Solicitors Ltd or used under license from a third party. The use of the Website or any of its contents other than for your own personal and non-commercial use is prohibited.
In relation to such personal and non-commercial use, you may only do the following:
(a) download and store temporarily one or more of the pages of the Website for the purposes of viewing them;
(b) print one or more pages of the Website.
25. Access and Availability
SH Solicitors Ltd may withdraw or amend the Website at any time without notice and shall not be liable for any loss as a result of the Website being unavailable.
Access to the Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Where this is the case SH Solicitors Ltd will attempt to restore the service as soon as reasonably possible.
If you are provided with a user ID, password or any other piece of information as part of SH Solicitors Ltd security procedures you must keep such information confidential and not disclose it to anyone else.
Any electronic linking to the Website is prohibited without the prior written consent of SH Solicitors Ltd. SH Solicitors Ltd does not endorse and is not liable for any information or other content contained on any sites linked to or from the Website.
SH Solicitors Ltd may at any time alter these terms and conditions by updating this page. Please check this page from time to time for any changes. Continued use of the Website will indicate your acceptance of the new terms and conditions.
29. Suspension and Termination
Where SH Solicitors Ltd determine that you have breached these terms and conditions, we may immediately suspend or terminate your permission to access the Website.
Use of the Website and any dispute arising out of the same is subject to the laws of England and Wales.
Information we may collect from you
SH Solicitors Ltd does not collect any personal identification data, such as names or contact details, about you unless it is voluntarily provided, however by submitting your information you consent to its use as set out in this policy.
The information we may collect and process about you includes:
- information that you provide by filling in forms on our Website and submitting them to us;
- information that you provide in emails and letters you send to us, including keeping a record of that correspondence;
- details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data), and the resources that you access.
How we use the information provided to us
We use information held about you in the following ways:
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to ensure that content from our Website is presented in the most effective manner for you and for your computer;
- to keep a record of the services you have subscribed to;
- to enable us to improve our products and services;
- for recruitment and selection purposes;
- to notify you about changes to our service;
- for any other purpose which you have specifically consented to when providing the information.
If you have provided us with your contact details, we may contact you using any of the contact details provided. We will not contact you for direct marketing purposes if you have not consented to such use at the time your contact details were collected.
Disclosure of your information
We may disclose your information to third parties:
- who process information and provide support services on our behalf;
- who act on our behalf or who assist us in relation to marketing and business development.
However, in both of the above cases, you will not be contacted by the third party directly unless you have given your express consent to do so.
In the event that the business and assets of SH Solicitors Ltd are sold or merged with a third party we may disclose your personal information to the prospective buyer or merger partner.
We may disclose your information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of business and other agreements; or to protect the rights, property, or safety of SH Solicitors Ltd, our clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
IP Addresses and Cookies
We may collect information about your computer, including where available your IP address (a series of numbers which identifies a computer on the internet), operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computers hard drive. They help us to improve our Website and to deliver a better and more personalised service. They enable us:
- to estimate our audience size and usage pattern;
- to store information about your preferences, and so allow us to customise our Website according to your individual interests;
- to speed up your searches;
- to recognise you when you return to the Website.
Where we store your personal data
All information you provide is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We will retain your information for a reasonable period or as long as the law requires.
If you have previously consented to us keeping your data for marketing purposes you may change your mind at any time. Once you have unsubscribed we will not retain and use your data for marketing purposes. If you wish to unsubscribe, please email us at: email@example.com
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to and updating of information
You have the right to access information we hold about you. Any request for information may be subject to a fee to meet our costs. Such fee will be no greater than the then current maximum figure recommended by the Information Commissioner.
You have the option to provide us with an update of any information held by us about you where this information has changed. To do this, please contact us at: firstname.lastname@example.org
SH Solicitors Ltd shall be entitled to change the terms of this policy at any time by posting revisions on this page.