Terms of Use
INTRODUCTION
The Firm was established in the earlier part of the 19th Century and has operated from its present site for over 60 years.HOURS OF BUSINESS
The Firm’s office is open from Monday to Friday from 9am until 1pm and from 2pm until 5pm. In case of special need, appointments can be made at other times.FILE REFERENCES
When writing or telephoning us, it is helpful if you can mention the file reference, which is shown on our letters to you. This enables us to pass your letter or message quickly to the right person.APPOINTMENTS
If you would like to see a Partner, Solicitor or Executive, whenever possible, please telephone beforehand to make an appointment. This will help to avoid your having an unnecessary wait, or not being able to see the member of the Firm you had hoped to.In certain circumstances, the Fee Earner you have arranged to see may be detained in Court at the time of your appointment. Every effort will be made to contact you to warn you of any delay, but it may be necessary to postpone your appointment at short notice.
TELEPHONE AND COMMUNICATIONS
The Firm is a member of the British Document Exchange, which allows speedy exchange of letters and documents between members, who include the majority of Solicitors and Barristers, as well as the Land and Companies Registries.The Firm’s telephone, facsimile and e-mail numbers are shown on the Firm’s letterhead.
CALLS OUTSIDE NORMAL OFFICE HOURS AND EMERGENCIES
The office has an answering machine, on which messages can be left outside normal hours. It also provides information on how to contact a relevant member of the Firm’s staff in the case of an emergency.ORGANISATION
The Firm is departmentalised, with each member of the Firm practising in a particular field of legal work. We outline on Pages 3 and 4 the types of work undertaken by the Firm, with the names of the Partners, Solicitors and Executives who normally undertake such work, together with the identity of the Partner with ultimate responsibility for the other named members of staff. If there is new business on which you require advice, please discuss it initially with any Partner, Solicitor or Executive already known to you. He or she will tell you if it would be better for the matter to be handled by some other member of the Firm. In case you need to talk to the Secretary of any of the people listed, their names are also given on pages 4 and 5, together with the identity of the Partner with ultimate responsibility.DELAYS
It is the aim and policy of the Firm to give speedy and efficient service to our Clients. We make the greatest possible use of the British Document Exchange service, facsimile, e-mail and computerised systems. However, these are only aids to the people whose skills are at your disposal.We ask you to remember that there are some delays over which we have no control, and that the speed at which we can complete business is often in the hands of Local Authorities (particularly where Local Searches and Enquiries are involved), Local Land Registries, the Courts, the Legal Services Commission, Tax Offices (particularly in the winding up of Estates) and others.
FEES
The Partner, Solicitor or Executive with whom you are dealing will always be pleased to discuss the question of fees, and to provide an estimate of them. Further details are given in our Terms and Conditions of Business, which are set out on pages 6 to 11 below.We accept payment of fees (and in some cases, by special arrangement, disbursements) by all major Credit Cards (but reserve the right to charge commission of £1.6%).
CASH PAYMENTS
It is not the Firm’s practice to accept cash payments in excess of £500 due to the necessity to comply with Money Laundering requirements.CAR PARKING
We suggest that you avoid visiting the Firm’s office on a Wednesday, unless you have a particular need to do so. The weekly Market causes severe access and parking problems. On other days, there is normally space available for restricted parking in the Market Place. In addition, the Firm has limited private parking. If you wish to use this, please telephone beforehand, so that arrangements can be made to reserve a space for you.TYPES OF WORK UNDERTAKEN BY THE FIRM
and the person to consultUpon accepting your instructions, we are under a professional duty to inform you of the status of the individual who will be handling your matter. For that purpose, we set out below the identity of the members of our team, their qualifications and the areas of work in which they specialise.
Property Transactions, } Mrs Clare Hallett (Associate)
including Transfers, Leases,
& Exchanges (whether, Residential, }
Commercial or Agricultural) }
Wills, Probates, Trusts, } Ms Pamela Burt (Associate)
Inheritance, Capital Gains and } Miss Jodie Daw (Solicitor)
Income Tax Planning } Miss Rachel James (Solicitor)
Income Tax Returns } Mrs Sue Tackley-Goodman
Elderly client including lasting } (Trust/Tax Executive)
Powers of Attorney, Deputyships, } Ms Pamela Burt (Associate)
Court of Protection matters, } Miss Rachel James (Solicitor)
Nursing and care funding advice }
Criminal Defence } Mr Michael Stocken (Partner)
} Miss Jane Hemmings (Solicitor)
Matrimonial and Family Matters } Mr Michael Stocken (Partner)
} Miss Natasha Roach (Solicitor)
} Miss Sue Barnes (Legal Executive -FILEX)
Commercial and Civil Litigation } Mr Edward Holmes (Partner)
Including Employment and } Miss Natasha Roach (Solicitor)
Personal Injury Matters }
Contested Wills & Inheritance Claims } Mr Edward Holmes (Partner)
Family Mediation (including married } Mr Michael Stocken (Partner)
and unmarried relationships) }
Company, Commercial and } The firm has close links with a sister firm that
Intellectual Property, including } provides these services on behalf of this firm’s
Patent and Knowhow Licensing } clients
Partnership }
| Solicitor/ Executive | Secretary | Partner or Associate with head of department responsibilities | |||
| Mr Michael Stocken |
|
||||
| Mr Edward Holmes | Heidi Munford | ||||
| Miss Sue Barnes | Frances Selby | Michael Stocken | |||
| Mrs Pamela Burt | Pam Barton / June Iceton | Michael Stocken | |||
| Mrs Clare Hallett |
|
Edward Holmes Edward Holmes |
|||
| Miss Natasha Roach | Edward Holmes | ||||
| Miss Jodie Daw | Tricia Bernard | Pamela Burt | |||
| Miss Rachel James | Debee Deane | Pamela Burt | |||
| Miss Jane Hemmings | Sue Sharratt | Michael Stocken | |||
| Mrs Sue Tackley-Goodman | Tricia Bernard | Pamela Burt | |||
| Mr Michael Wingate-Saul | Retired Solicitor - non-practising |
We try hard to avoid changing the people who are handling your work, but if this cannot be avoided, we will inform you as soon as possible and explain the reason for the change.
MEMBERSHIPS AND ACCREDITATIONS
STEP
Pamela Burt and Michael Wingate-Saul are members of "STEP" which is the Society of Trust and Estate Practitioners and as such are registered as Trusts and Estates Practitioners.Crime Panel Accreditation
Michael Stocken and Jane Hemmings are accredited Crime Panel Members and as such are able to act on behalf of Clients in any criminal proceedings that they may face, including advice at police stations and representation before Criminal Courts. Michael Stocken is the Crime Supervisor.Family
Michael Stocken is the in-house Family Supervisor he is a member of the Family Panel.Solicitors for the Elderly
Pamela Burt is a full member of Solicitors for the Elderly (SFE).APIL
Edward Holmes is a member of the Association of Personal Injury Lawyers.ELA
Edward Holmes is a member of the Employment Lawyers Association.Public Funding Supervision
Michael Stocken is the Firm’s Quality Representative with the Legal Services Commission.Mediation
Michael Stocken is a qualified Family and Commercial Mediator. He was trained by Resolution (formerly the Solicitors’ Family Law Association) of which he is a longstanding member. He is also a Recognised Mediator by the Legal Services Commission and a member of the Mediation Panel. He is an Accredited Commercial Mediator through the ADR Group.PROBLEMS OR COMPLAINTS IN RELATION TO GENERAL PRACTICE
If, at any time, you feel that your affairs are not being dealt with as you would expect, in the first instance, please raise the matter with the member of the Firm with whom you are currently dealing. If you are not able to resolve the question satisfactorily with that person, please immediately refer the matter to the Firm’s Complaint’s Partner, Edward Holmes, or, in his absence, the firm’s Senior Partner, Michael Stocken. He will be happy to discuss your concerns with you, clarify the issues and, if necessary, agree to meet you in order to attempt to resolve the problem expeditiously. Where appropriate, he may write to you with the Firm's final response to any complaint. If, following such final response, you remain dissatisfied, you have the right to pursue the matter with the Legal Complaints Service of the Law Society, which may be contacted by writing to Victoria Court, 8 Dormer Place, Leamington Spa, Warwickshire CV32 5AE, or by telephoning its Helpline, 0845 608 6565 (www.legalcomplaints.org.uk).PROBLEMS AND COMPLAINTS - MEDIATION SERVICE
If you feel that your mediation is not being dealt with in a way in which you would expect, in the first instance please raise the matter with Michael Stocken who is the service’s sole mediator. If you are not able to resolve the question satisfactorily with Mr Stocken then you may refer the matter either to Mr Stocken’s Professional Practice Consultant, Mr Robert Clerke, Meeting Point, Bristol BS6 5AS who is also the service’s external supervisor or to Letchers Solicitors’ Complaints’ Partner, Edward Holmes.If you are dissatisfied you have a right to pursue your complaint either with the Consumer Service of the Law Society (please see the previous section), or alternatively you may make a complaint to Resolution (formerly the Solicitors Family Law Association) at PO Box 302, Orpington, Kent BR6 8QX, telephone number 01689 820272, of which Mr Stocken is a member.
STORAGE OF PAPERS AND DOCUMENTS
On behalf of a Client, we will be pleased to retain in our Strong Room (free of charge) any Deeds or other documents of title (whether or not prepared by this Firm). At the conclusion of any matter which results in the production of any such documents of title, (subject to any contrary instructions from you) we will, as a matter of course, place these in our Strong Room for safe keeping.As to working paper files, we will keep these for such a period after the conclusion of any matter as we consider to be appropriate. This is on the understanding that we have your authority, at the expiry of such period and without further reference to you, to destroy all the contents of such a file (other than any documents which, at the conclusion of the matter, you specifically ask us to deposit in safe custody or to return to you).
If we retrieve papers or documents from storage in relation to continuing or new instructions to act in connection with your business, we will make a charge based on time spent producing stored papers or documents to you (this will be a minimum of £25 plus VAT), or another party, at your request. We may also charge for reading and implementing instructions given by you or on your behalf.
TERMS OF BUSINESS
The terms upon which the Firm will accept your instructions to act on your behalf are set out below. They may be varied from time to time.1. Legal Fees
1.1 It is important that all our Clients are aware of our arrangement for rendering invoices for legal services, and also of the various ways in which payment of such fees may be made. In particular (and this is especially important with regard to contentious matters), we will always consider whether a Client is eligible for any of the various forms of Public Funding (Legal Aid) or other assistance.1.2 It is a Statutory requirement that Solicitors’ charges should be fair and reasonable. If you feel that ours are not, you have the right to have our bill reviewed by a Court pursuant to Sections 70, 71 and 72 of the Solicitors Act 1974.
1.3 In fixing our charges, we are required to take into account a number of factors. These include the complexity of the issues, the speed at which action must be taken, the value of any property being dealt with, the skills involved and the importance of the matter to the client. One of the factors (but not always the most important one) is the time expended by Solicitors and other relevant members of the Firm’s staff, but a fair charge may be more or less than one based solely on hourly rates.
1.4.1 The Law Society requires us to make known to our Clients the hourly rates which we use as our yardstick for calculating our charges, where the time involved is an important factor. With effect from 1 April 2010, these rates as recommended by the Supreme Court Costs office, the Association of District Judges and the Law Society are:-
- Grade A Partners & Senior Solicitors £217 per hour
- Grade B Solicitors & Legal Executives
- (more than 4 years post-qualification experience) £192 per hour
- Grade C Solicitors & Legal Executives
- (under 4 years post-qualification experience) and Trust Executive £161 per hour
- Grade D Legal Assistants £118 per hour
- Other Tax Executive £125 per hour
1.4.3 The rates are normally reviewed annually. We try, when reviewing rates, to limit increases. This is not always possible, but in long continuing matters, we will advise you of the new rates we intend to apply at each review of rates.
1.4.4 VAT is payable on all fees at the rate which applies when the work is done. The present rate of VAT is 17.5%.
1.5.1 Clients who are eligible for Publicly Funded Legal Advice will not have to pay for legal services provided to them, except insofar as they are obliged to pay contributions towards any Public Funding Certificates issued to them. But Clients must appreciate that their Publicly Funded costs may be subject to the Legal Services Commission’s contractual or Statutory Charge.
1.5.2 However, in various circumstances, the Legal Services Commission Statutory / Contractual Charge will apply to property or money recovered or preserved, and details of the appropriate Public Funding hourly rate will be provided by the Fee Earner having conduct of the matter. Please refer to Section 15 on pages 11 to 14.
1.6 In relation to the payment for the Firm’s Mediation Services, please refer to the Section on page 10 which deals with that aspect of the Firm’s work.
2. Estimates
2.1 The Solicitors Code of Conduct 2007 requires us to provide a written estimate of our charges and expenses at the outset of and at appropriate stages throughout any matter or, where it is not reasonably practicable to do this, to explain the reason for it, and invite a Client to set a total fee which will not be exceeded without their consent (even though it may not be possible for us to complete the required work without exceeding that stated limit). The Solicitor or Executive handling any particular matter will deal with this issue in the initial letter confirming a Client’s instructions. In any matter where, at the outset, we are able only to give our best assessment of the likely fees, we will always give a Client sufficient warning when that figure is in danger of being exceeded. The Executive with conduct of your matter will review the estimate of costs at least every six months or sooner if your matter requires it. However, in an urgent matter where the client requires us to take action at short notice it is not always possible to provide an estimate as to the cost of such instructions. In any event, we are permitted by case law if necessary to exceed our estimate to a client by not more than 15%.2.2 As far as Conveyancing charges are concerned, the Firm will normally expect to adhere to any written estimate which is given. However, such estimates are always given on the assumption that the transaction concerned is reasonably straight-forward, and the Firm reserves the right to revise any such estimate in the event of the transaction proving to be more time consuming or complex than originally anticipated. The value of property is a factor in calculating conveyancing fees. The Firm normally adopts the Law Society’s recommendation which, in the residential conveyancing context, is 0.5% of the respective sale or purchase price up to £400,000. Other factors which may be taken into account in settling conveyancing fees will be the time expended, the complexity of the transaction, and any particular urgency with which the matter has to be handled.
2.3 A separate brochure is available in relation to Probate work and related fees.
2.4 If Clients request services that are outside the scope of the original instructions, we will advise you of the change that is likely in the scope of our original estimate.
3. Overdue Accounts
3.1 All accounts rendered to a Client for Legal Services are due for payment on the day that the relevant invoice is rendered to the Client. Interest will be charged on any accounts which remain unpaid 30 days after being delivered. Interest will be at the rate allowed by the Courts on Judgment Debts (currently 8%) or at such other rate as is, for the time being, reasonable in the light of the general level of interest rates. After completing any work, we are entitled to keep all your papers and documents so long as there is any money owing to us for our charges and expenses.3.2 In the event of an account remaining outstanding for a period of 60 days after delivery to a client, the Firm will cease to carry out any further work on behalf of a client until such time as the account(s) have been paid in full. The Firm will wish to consider whether a payment on account of future costs should then be made by the client so as to guarantee further costs that will be incurred on behalf of the client and this will be considered by the Partners of the Firm.
3.3 In the event of action being taken by the firm to recover unpaid professional fees from a client - clients agree that all costs of recovery by the firm will be recovered from them on an indemnity basis.
3.4.1 If a client moves address without informing the Firm of the change of address, the client accepts that they will be responsible for the costs incurred in tracing them, should that be necessary, on an indemnity basis.
3.4.2 If proceedings are issued to recover unpaid professional fees, it is accepted by clients that service at their last known address will be good service upon them of such proceedings.
4. Company Clients
On accepting instructions to act on behalf of a Company, we will regard as our Clients both the Company and the individual(s) from whom instructions are received. This means that in addition to the Company, the instructing individual(s) will be personally liable to us for the payment of the legal fees and expenses incurred as a result of those instructions.5. Interim Accounts
5.1 It is the Firm's normal practice to render regular interim invoices in respect of matters which are not likely to be completed within a period of three months.5.2 All Clients (whether Publicly Funded or not) will, in any event, be informed periodically (at least every six months) of the approximate amount of costs incurred to date. Unless otherwise stated, any such interim invoice will constitute no more than a request for a payment generally on account of services rendered; it will not necessarily represent the actual cost of the professional work performed during any particular period.
6.1 Payments on Account and Monies Held on Client Account
6.1 The Firm will require to be put in funds to cover disbursements to be incurred on behalf of a Client. In addition, the Firm reserves the right in all cases to require payment in advance in respect of professional fees.6.2. Under the Solicitors Account Rules 1998, Rule 19, Paragraph 2-3 any monies held by the Firm on Client Account and earmarked for costs, will be transferred to cover a client’s costs within 14 days of the date a bill of costs is issued.
7. Limitation of Liability
7.1 Where our dealings on behalf of a Client also involve us in dealing with third parties for whom we are not acting, we regret that we cannot accept any liability to such third parties.7.2 In some cases, the size or value of a particular matter is such that this Firm’s professional liabilities are potentially too large for us to risk accepting instructions to act concerning the matter. Where this is the case, we will agree with the Client such limitation of liability as is reasonable in the circumstances.
8. Commissions
In the event of the firm receiving a commission payment over £20, the firm will account to you for this payment unless you have approved in advance that we may retain it or a proportionate part of it. We will advise you of the payment or an estimate of its anticipated amount.9. Free Diagnostic Interview
At our discretion, in appropriate circumstances (but only if agreed with the Client in advance) we will offer a short free Diagnostic Interview. However, the object of such an interview (which will normally not exceed 15 minutes) will be limited to (a) assessing the Client's problem and whether the Firm is prepared to assist and, if so, (b) the manner in which our services will be paid for.10. Fixed Fee Interview
In other cases, we are prepared to offer certain Clients a 30 minute substantive interview for the cost of £50 (exclusive of VAT). However, the Fee Earner with whom an appointment is made will have the sole discretion as to whether to offer an interview on this basis. If so, he/she will require payment at the start of the meeting. In any event, if the 30 minute interview is exceeded, the Client will be liable to pay the Firm’s fees for the additional time at the Firm's normal rates.11. Contingency and Conditional Fees, Alternative Funding Options
11.1 In appropriate cases, the Firm is prepared to consider undertaking work on behalf of a Client on either a contingency or conditional fee basis.11.2 The Firm will consider a contingency-style arrangement in respect of a matter that is not contentious, that is a matter where court proceedings are not issued either by you or against you.
If the Firm is to act on behalf of a Client on a contingency basis, our retainer will be clearly defined so that the contingency fee arrangement runs only until such time as the matter remains non-contentious. In this respect, we will not accept instructions to prosecute, or defend, any action.
11.3 As far as conditional fees are concerned ("No Win No Fee Arrangement"), the Firm is prepared in appropriate cases to act on behalf of a Client on such a basis. However, the decision to enter into any particular conditional fee agreement is at the Firm’s sole discretion.
11.4 The Firm accepts that many clients have legal expenses insurance either as part of their household contents, car insurance or stand alone policies. We work with legal expenses insurers and are accepted by most insurance providers to enable us to work on your behalf under the scope of your cover.
12. Mediation
12.1 The Firm has its own Mediation Service, in relation to which we will be pleased to provide details on request. In addition, Michael Stocken will be happy to discuss the option of Mediation in respect of the breakdown of either marriage or unmarried relationships. We hold a Public Funding Franchise in respect of "publicly funded Mediation" and certain Clients of the Service may be eligible for financial assistance out of public funds in respect of the Mediation process.12.2 Mediation may involve either "all issues", "children" or "property and finance" matters.
12.3 In the event of a referral to the Firm’s Mediation Service, we will assess whether a party is eligible for publicly funded Mediation. If so, an appropriate "means form" will have to be completed, and a copy sent to the party’s own Solicitors, so that they can obtain publicly funded "Help with Mediation" for their client. If one of the Clients is eligible for publicly funded Mediation, the other (if not eligible) will receive a free assessment meeting but will be responsible for meeting one half of the costs of any subsequent mediation service provided.
12.4 For a private Mediation client, the Firm will charge at an hourly rate of £220 (exclusive of VAT) for the time spent in conducting face-to-face Mediation, the preparation of interim and final Summaries, and a one half share of all necessary administration of the Mediation process. All fees for Mediation services are payable at the end of each session.
12.5 The Legal Services Commission "Statutory Charge" does not apply to publicly funded Mediation.
12.6 In entering into Mediation, a Client expressly consents to the disclosure of the contents of the Firm’s file to the Legal Services Commission and its external Supervisor in connection with its assessed quality auditing procedures.
13. Investment of client funds
This firm follows the directions of the Law Society in the Solicitors Accounts Rules 1998, in that all clients’ money is placed in a client account at a bank or building society as defined by Section 87 of the Solicitors Act 1974. This Firm is not prepared to take any responsibility for instructions that may be received from a client to place funds in a bank or building society which does not fall within the requirements of Section 87 of the Solicitors Act 1974 or Rule 14(3) of the Solicitors Accounts Rules 1998.14. Termination
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. In some circumstances, you may consider that we ought to stop acting for you (for example, if you cannot give clear or proper instructions on how we are to proceed, or if it is clear that you have lost confidence in how we are carrying out your work).We may decide to stop acting for you only with good reason (for example, if you do not pay an interim bill or comply with our request for payment on account). We must give you reasonable notice that we will stop acting for you. You agree on retaining this Firm that non-payment of an account within a period of 60 days is good reason for this Firm to cease acting on your behalf and to terminate our retainer forthwith.
If you or we decide that we will no longer act for you, you will be liable to pay our charges on an hourly basis, and expenses, in the manner described above.
PUBLIC FUNDING
15. INTRODUCTION
15.1 The Firm holds Community Legal Service Contract from the Legal Services Commission in relation to certain categories of work, namely, crime, family, and mediation. The Solicitor or Executive whom you see will be able to advise whether you will be eligible for Public Funding in connection with your particular matter. It is important for Clients to appreciate that Public Funding is not effective retrospectively.15.2 If you specifically require us to undertake work in advance of a Public Funding Certificate being granted, (unless the work is covered by the Firm's General Civil Contract) you will be liable to pay the cost of the advice given (or the action undertaken on your behalf), at our normal charge-out rates. If you are not prepared to accept personal liability for the payment of such fees (which may include our requiring a payment generally on account of them), this may result in the matter not being processed until a Public Funding Certificate has been granted. A certain amount of work will be undertaken in actually processing a Public Funding Application; if such work is not covered by the Firm's General Civil Contract, the Client will in any event be liable for the cost of it.
16. SCOPE OF PUBLIC FUNDING
16.1 General Civil Contract16.1.1 We have a Contract with the Legal Services Commission for the provision of "Legal Help" to Clients. The Contract enables us to complete a form known as "Legal Help and Help at Court". This allows us to provide the appropriate legal services to a Client who qualifies for such help. This is divided into 2 levels of help.
Level 1 - Initial meeting and immediate advice only - fixed fee £96, for one-off advice including the issue of Divorce Proceedings acting for Petitioner - fixed fee £159, this is where you issue a Divorce Petition and we help you with it
Level 2 - negotiation up to issue of proceedings which can include advice during mediation
- Children only matters £221 - { settlement fee £132 } only payable in the event of
- Financial matters £231 - { settlement fee £139 } your case settling in mediation
The Statutory charge (which you may have to repay your legal costs from your settlement) does not apply to Levels 1 and 2 save in ‘exceptional circumstances’.
At the outset of the case, we will advise you of the likely cost of such legal advice, and this will be reviewed at six-monthly intervals during it.
16.1.2 Under the terms of the General Civil Contract, there are a maximum number of cases which we are permitted to undertake on behalf of Clients. However, we are not able to provide initial advice in relation to immigration, clinical negligence or mental health matters.
16.1.3 At their initial meeting with the Solicitor or Executive who will be handling their matter, Clients seeking Public Funding will be required to produce evidence that they are currently in receipt of State Benefits and/or other detailed financial information (including payslips for themselves and any partner, inclusive of all benefits). This is so that we can assess whether the Client is eligible to benefit under the Contract.
16.1.4 Eligibility for General Civil Help does not guarantee eligibility for public funding, particularly in a matrimonial dispute where due to a client’s capital resources, they may be ineligible.
16.2 Criminal Defence Service
16.2.1 The Firm has a contract with the Criminal Defence Service through the Legal Services Commission.16.2.2 We are able to provide Clients with advice in relation to any criminal matter, which they may be facing.
16.2.3 Michael Stocken and Jane Hemmings are accredited members of the Crime Panel and as such they are able to provide Clients (free of charge) with advice at Police Stations. In cases of emergency, Michael Stocken or Jane Hemmings can be contacted through the Firm’s 24 hour answerphone service, or their emergency number of 07767 457547.
16.2.4 Clients who require initial advice concerning a criminal matter may be eligible for free "investigative advice". If so, they will be eligible to freestanding "Advice and Assistance", but evidence of benefits must be produced. This is in addition to Police Station Advice, Application for Warrants of further detention, Armed Forces Custody Hearings and Duty Solicitor Advice. If they are not eligible, Clients will be required to pay for the initial advice at the time it is given.
16.2.5 In cases of "legal representation" which fall within the "interests of justice" criteria, full legal representation before a Magistrates Court is obtainable with a means test enquiry since October 2006. Cases that fall outside these criteria, e.g. motoring defence matters, will have to be funded by Clients at our normal charge out rate. Clients are encouraged to check with their legal expense insurer as to whether they have coverage for such expenditure e.g. as part of their household insurance cover. In proceedings before the Crown Court, legal representation is free but the Court will in the event of a Client being committed, or pleading guilty, consider what contribution the Client should make towards those proceedings. There is a full means test enquiry.
16.2.6 Clients must make enquiries of their own legal expenses insurers as to whether their policy covers the cost of legal services (the cover usually being provided as part of household or motoring insurance). However, the Firm accepts no responsibility for submitting claims for eligibility on behalf of a Client.
16.3 Personal Injury
16.3.1 Public funding has been largely discontinued in relation to many personal injury cases. Consequently, Clients should discuss with the Solicitor or Executive conducting their matter whether it would be more appropriate to consider a Conditional Fee Agreement ("CFA"), as an alternative to Public Funding.16.3.2 In relation to a Clinical Negligence matter (a "Medical Claim"), the Firm does not have a Legal Services Commission Franchise; however, in relation to such matters, we will be happy to refer Clients to a firm, which does have such a Franchise. On the other hand, Clients should be aware that we do have expertise in Clinical Negligence claims, and we would be prepared to consider dealing with them either on a Private Fee basis, under a Legal Expenses Insurance Scheme, or through a CFA.
16.4 Public Funding "Statutory Charge"
16.4.1 Any payments made by a Client under the scope of a Public Funding Certificate are a contribution towards his or her legal costs.16.4.2 In the case of full Public Funding being granted by the Legal Services Commission, such contributions stand to the Client's credit with the Legal Services Commission.
16.4.3 If, as a result of any proceedings in which they are Publicly Funded, a Client recovers or preserves money or property, the "Statutory Charge" (i.e. the costs which the Legal Services Commission is entitled to recover from you) "attaches to that money or property, to the extent of the legal costs involved". For example, when a matrimonial settlement is achieved on a Client’s behalf, the Firm has an obligation to advise the Legal Services Commission of the terms of the settlement achieved. The Firm must also assess its legal fees in relation to the matter (at appropriately Publicly funded rates), and then (out of the money obtained under the settlement) forward to the Legal Services Commission a sum equal to our assessment of those fees.
16.4.4 This sum will be held to the Client’s credit until an itemised bill of costs "has been assessed by the Court". After receiving the Court’s Assessment Certificate as to the fees payable, the Legal Services Commission will pay to the Firm an amount equal to those fees, and any balance outstanding will be returned to the Client (together with any accrued interest).
16.4.5 In the event of a matrimonial home being recovered or preserved on behalf of a Client, it is possible for an application to be made to the Legal Services Commission to postpone the enforcement of the Legal Services Commission’s Statutory Charge. The Legal Services Commission is only likely to postpone the effects of the charge if the client can show that they have exhausted all other possible means of discharging the charge, such as obtaining a loan. Evidence is likely to be requested of such attempts that have been made. If such an application is successful, the Commission will take a formal charge (i.e. a mortgage) over the matrimonial home. However, interest (currently at 8%), will accrue to the Commission in respect of the sum due to it. In certain circumstances, it is also possible for the Commission to take charges over other property. The Commission will also seek to recover contributions or agree contributions on a continuing monthly basis until the charge has been fully repaid.
16.5 Public Funding - Matrimonial
In the event of a client receiving Public Funding in a matrimonial dispute, this will be initially limited to Help at Court. There is no guarantee that this will be converted by the Legal Services Commission to a Legal Representation Certificate for representation at a "Final Hearing", in which event, the Fee Earner with conduct of a Client’s case will discuss with the Client "private funding" if a Final Hearing cannot be avoided.16.6 Changes in Circumstances and Qualification
All Publicly Funded Clients should remember that:16.5.1 they have a duty to inform the Legal Services Commission of any material changes in their financial circumstances (e.g. remarriage entering into a civil partnership, increase in their earnings or those of their spouse or cohabitee, or a "windfall receipt");
16.5.2 if they lose their case, they may still be ordered by the Court to contribute to their opponent's costs, even though their own costs are covered by Public Funding;
16.5.3 even if they win, their opponent may not be ordered to pay the full amount of their costs; moreover, such opponent may not be capable of paying even what the Court has ordered him to pay.
17. CONFIDENTIALITY
17.1 All instructions given to the Firm are treated in confidence, and we treat any breaches of a Client's confidentiality extremely seriously. However, it is important that Clients are aware that in certain circumstances, their confidentiality may be breached due to matters that are beyond the control of the Firm, or because of the nature of the instructions given to the Firm by the Client.17.2 In particular, it is possible for the Police to obtain an Order under Section 9 Schedule 1 of the Police and Criminal Evidence Act 1984 to seek access to records that are held by the Firm on behalf of a Client. These may include not only the Firm's Time Sheets Fee Records but also Attendance Notes. If any such approach were ever made by the Police or other Authorities concerning a Client's records, the Client would be advised in advance before they were released. Clients must also be aware that, in certain circumstances, the Firm may be required to disclose confidential information concerning their affairs under the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007. The Firm also has to comply with the Law Society’s Anti-Money Laundering practice note of 15 December 2007 as amended. By instructing the Firm, Clients expressly consent to the Firm complying with its obligations under the Act, including the duty (where necessary) to report the Client’s activities to the SOCA (Serious Organised Crime Agency).
17.3 For the purposes of quality assurance auditing and supervision, Clients expressly consent to the review (where required) by an external auditor (or in publicly funded cases) by the Legal Services Commission of any file which the Firm holds on their behalf.
17.4 In addition, and particularly in relation to a family dispute and/or an instruction received by the Firm’s Mediation Service, issues concerning Child Abuse may, in certain circumstances, be referred by a Fee Earner (after consultation with the Senior Partner of the Firm) to the appropriate Child Protection Team. In all such instances, the Client would be requested to attend a Meeting between the Fee Earner who has conduct of their matter and the Senior Partner of this Firm, to discuss such a referral, in the hope that the Client would if necessary approach the appropriate Child Protection Team themselves.
17.5 If the Firm experiences difficulty in recovering unpaid fees due from any Client, it reserves the right to send correspondence regarding such indebtedness to the Client at any address which the Firm holds for that Client (and irrespective of whether we might have been asked not to use that address for correspondence).
