Terms of Business for Legal Services
Total Page:16
File Type:pdf, Size:1020Kb
TERMS AND CONDITIONS applicable for the relevant Engagement. 1. INTRODUCTION 1.6 The “Client” and "you" refers to the 1.1 These terms and conditions of client or clients purchasing services business ("T&Cs") apply to clients of from us. Advocate Carl Geoffrey Parslow (and his partners) trading as Parslows, 1.7 The “Engagement” is as defined in Parslows Jersey, and Parslows either the Retainer Letter and or the Notaries, Parslows Executors Limited Schedule. trading as Parslows Wills & Probate and/or Parslows International 1.8 The “Retainer Letter” is the letter Limited trading as Parslows provided to the Client in relation to International in respect of any legal the provision of Legal Services and the professional services and/or advice “Schedule” provides specific details of and/or notarial services and/or other the Engagement. services provided by us that we are asked to provide and/or arrange 1.9 If there is any inconsistency between ("Legal Services"). the detail in the Retainer Letter, the Schedule and or the T&Cs, the detail 1.2 The T&Cs and any related Retainer on the Schedule will prevail. Letter and Schedule explain the basis upon which we accept instructions 2. BASIS OF THE RETAINER and charge for Legal Services. 2.1 We contract with you for the provision 1.3 These T&Cs the Retainer Letter and of Legal Services on the basis of the Schedule shall together constitute the T&Cs, the Retainer Letter and the contract for the provision of Legal Schedule only and acceptance by us of Services in relation to any any instructions from a Client shall be Engagement. upon such T&Cs, Retainer Letter and Schedule and shall override any other 1.4 These T&Cs apply to all Legal Services terms and conditions stipulated or provided by us and supersede and incorporated by its Client(s) in their replace all T&Cs in relation to Legal instructions or in any negotiations. No Services previously in force. variation or representation will be binding on us unless specifically 1.5 In these terms “Parslows”, "we", "us" confirmed in writing by one of our and “our” refer to Advocate Carl partners or directors. Geoffrey Parslow (and his partners) trading as Parslows, Parslows Jersey, 2.2 We are not and do not hold ourselves Parslows Notaries, Parslows Executors out as being experts in or have Limited trading as Parslows Wills & knowledge of the laws or regulations Probate and/or Parslows International of any jurisdiction other than Jersey, Limited trading as Parslows Channel Islands and, if specified in the International and/or any service Retainer Letter or Schedule, England company and/or business owned and Wales and Southern Ireland. and/or controlled by Advocate Carl Geoffrey Parslow (and his partners) and/or any successor practice as 3. OBJECTIVES Fixed Fee/ quote 3.1 Our aim is to provide you with cost 4.6 In cases where it is more appropriate effective, high quality, and efficient for us to agree a fixed fee / quote with legal services. its Client this will be stipulated in the Retainer Letter. The fixed fee / quote 4. FINANCIALS will not be inclusive of disbursements / third party costs. Fees 4.7 Please note that a fixed fee / quote 4.1 Depending on the nature of the will be conditional upon there being Engagement we will charge for Legal no material or unforeseen changes of Services in relation to the Engagement instruction or circumstances and that either on a time spent basis or a fixed we do not encounter complex legal or fee. The type of charge will be set out other issues. Estimates / quotes are in the Retainer Letter or Schedule. always provided on the strict understanding that they are subject to Time spent basis revision and do not constitute a legal commitment by us to carry out the 4.2 Time based fees will be charged at Engagement at the estimated fee/ varying rates depending on the nature quote - we reserve the right to of the work and the fee earner increase our fixed fee / quote. undertaking such work. These rates may be changed from time to time. 4.8 It is not always possible to provide a fixed cost / quote for litigious matters. 4.3 The rate will depend on a number of We will, however, endeavour to factors including but not limited to the provide you with an indication of costs complexity of the Engagement, its upon request. importance and urgency and whether you are a business or private Additional individual. 4.9 All estimates or quotations given by us 4.4 Time spent is charged in units of 10 are given exclusive of disbursements minutes. Charged time will include and of any goods and services tax, but not be limited to time spent in value added tax or any other similar conducting regulatory and customer applicable tax from time to time in due diligence procedures, force unless otherwise expressly administration and travelling to or stated in the Retainer Letter. We will from any meetings. add the relevant tax to our charges and disbursements when your invoice 4.5 Where we deem it necessary for more is issued. than one fee earner to work on a matter, including but not limited to 4.10 Please note that we reserve the right preparing or researching, attending to charge you for time spent by fee meetings, court appearances or earners / support staff on issues of suchlike, we reserve the right to and incidental to your matter charge the full amount of time taken including but not limited to credit by all such fee earners. control, recovery of costs from opponents and or third parties, non- office administration, maintenance 2 and drawing up of accounts, a matter. Payments on account will safekeeping of documents, almost always be required in matters compliance and any other regulatory of a litigious or contentious nature. issues. Payment terms Disbursements 4.17 All fees and disbursements will be due 4.11 All disbursements made on your (without any right of set off) for behalf (including but not limited to settlement in sterling immediately company searches, court fees, travel upon presentation of our invoice. expenses, charges for document production, phone calls, photocopying 4.18 If you have a concern relating to either and facsimiles) will be charged on the fees and or disbursements you have next bill sent to you (or if you are in 15 days from the date of the invoice payment default as a claim against upon which to notify us. Thereafter if you) although we reserve the right to we have not received such notice you require payments in advance for irrevocably agree that your invoice significant disbursements which are will be due and owing without further likely to arise. recourse. 4.12 In property related transactions we 4.19 Interest at the rate of 8% per month may require payment of search letter above base rate will be added to all and other related property fees and disbursements which remain disbursements on account. outstanding for more than 15 days from the invoice date. 4.13 It is drawn to your attention that once disbursements have been paid it will 4.20 If we hold monies in a client account not be possible to recover such (whether as a result of a request for payment notwithstanding whether monies to be held on account of the Engagement completes or not. future fees and disbursements or not) then you agree and accept that we 4.14 It is drawn to your attention that a may settle (or part settle) any invoices charge is made for printing and for fees and disbursements out of any scanning of documents relating to such monies held in the client account your matter. We may also charge a as soon as the invoice has been fee for compliance including but not rendered and drawn to your limited to ‘know your client’ ‘KYC’ attention. requirements. We reserve the right to amend these charges from time to Cessation of legal services where invoice not time. paid Billing policy 4.21 Where fees and/or disbursements remain outstanding for more than 15 4.15 We will endeavour to issue bills on an days from their invoice date we interim basis at least every month or reserve the right to stop providing at completion of a transaction if Legal Services until all outstanding earlier. fees and/or disbursements and/or interest upon such outstanding fees/ 4.16 We also reserve the right to request disbursements have been settled in payments on account of future fees full and an amount has been received and third party costs to be incurred in 3 on account of future fees and damages, liabilities, claims, costs and disbursements. expenses howsoever arising from any insolvency, including without 4.22 In such circumstances we will not limitation, the loss of any or all of the answer any correspondence or attend monies held by any bank in which a to any matters whatsoever which may client account is held. need to be attended to on your behalf in relation to the Legal Services Tax on interest (notwithstanding that they may be imperative to the Engagement and/or 4.26 The European Savings Tax Directive any prescript or limitation period) and applies to payments of interest made you expressly agree and accept that by a paying agent resident in Jersey to we shall not incur any liability an EU resident individual taxpayer. whatsoever as a result of our stopping to provide Legal Services in these 4.27 For the purpose of our Client due circumstances.