Requirement

Information

Other sources of information

The solicitor should give the client the best information possible about the likely overall costs, including a breakdown between fees, VAT and disbursements.

The Practice usually operates initially by retainer details of which are set out in the retainer letter. The Practice is not (currently) registered for VAT. Clients are responsible for direct payment of Disbursements to others these will be agreed and payment made before work is undertaken

In addition to the retainer with the practice, payment will be required in advance for special projects. Where specialists/other solicitors  are instructed, clients will enter into fee agreements direct with providers. Fees charged by specialist may include costs charged by the practice.

The solicitor should explain clearly to the client the time likely to be spent in dealing with a matter, if time spent is a factor in the calculation of the fees

Time is not a factor in retainer, but it is anticipated that use of the Practice’s time will be commensurate. Should this prove not to be the case, the right is reserved to move to a time or other basis

Where specialist solicitors are instructed time charges may be included in the fees charged by specialists.

The solicitor should, in an appropriate case, explain to a privately paying client that the client may set an upper limit on the firm's costs for which the client may be liable without further authority. Solicitors should not exceed an agreed limit without first obtaining the client's consent.

The retainer is an agreed fee which may be ended by the client. Other costs are fixed and shall be a ‘ contentious/ non contentious business agreement’ pursuant to Section 57 Solicitors Act 1974.

1.Where specialists are instructed, clients should be satisfied that the basis of charging is agreed

2.  Whilst your rights to ask a court to assess my costs are not affected under , Section 57 Solicitors Act 1974.  the Law Society Remuneration Certificate procedure is not available to such fixed cost agreements

The solicitor should make it clear at the outset if an estimate, quotation or other indication of cost is not intended to be fixed.

Most of the Practices charges are fixed and payable in advance.

If charges are not fixed this will be agreed in advance for a particular number of hours work.

The solicitor should also explain to the client how the firm's fees are calculated except where the overall costs are fixed or clear. If the basis of charging is an hourly charging rate, that must be made clear.

Most of the Practices charges are fixed. Should a time basis become appropriate, the time estimated will be agreed in advance and payable in advance.

If a matter is referred to a specialised firm, the practices costs on an hourly basis may be incorporated into that firm’s invoice.

Current Hourly rates (ex VAT): Graham Colley £100 others £50.

The client should be told if charging rates may be increased.

The right is reserved to raise the retainer rates from time to time. Should the practice become liable for VAT , it will be added at the e standard rate

Any alteration to charging rates will be posted on the practice’s website.

The solicitor should explain what reasonably foreseeable payments a client may have to make either to the solicitor or to a third party and when those payments are likely to be needed.

These will be agreed with clients on an individual basis. Responsibility for all such payments will be direct between the client and the specialist

The solicitor should explain to the client the arrangements for updating the costs information

Changes in standard charges will be posted on the Practices website and notified to clients when they are to be charged

Litigation costs

The solicitor should discuss with the client how and when any costs are to be met, and consider:-

(i) whether the client may be eligible and should apply for legal aid (including advice and assistance);

(ii) whether the client's liability for their own costs may be covered by insurance;

(iii) whether the client's liability for another party’s costs may be covered by pre-purchased insurance and, if not, whether it would be advisable for the client’s liability for another party’s costs to be covered by after the event insurance (including in every case where a conditional fee or contingency fee arrangement is proposed); and

(iv) whether the client’s liability for costs (including the costs of another party) may be paid by another person e.g. an employer or trade union.

Agreed costs are payable in advance at the outset or at agreed intervals

(i) the practice does not offer a Legal Aid service. If cost outside of the Practices retainer basis are likely then, if appropriate, legal Aid will be discussed

(ii)                 Clients should draw any possible insurance cover to the practices attention

(iii)                The Practice will refer any litigious matters to a third party firm of solicitors who will be responsible for any such arrangements. Any discussion of this issue will be in general terms

(iv)                As in previous paragraph

Cost-benefit and risk

The solicitor should discuss with the client whether the likely outcome in a matter will justify the expense or risk involved including, if relevant, the risk of having to bear an opponent's costs.

Whilst this may be discussed in general terms, any such discussion will arise with specialist litigation solicitors not this practice

Additional information for particular clients

a)Legally aided clients

N/A as the practice does not undertake legal aid work

Third Party responsibility

b) The solicitor should explain to the client the client's potential liability for the client's own costs and for those of any other party, including:

(i) the fact that the client will be responsible for paying the firm's bill in full regardless of any order for costs made against an opponent;

(ii) the probability that the client will have to pay the opponent's costs as well as the client's own costs if the case is lost;

(iii) the fact that even if the client wins, the opponent may not be ordered to pay or be capable of paying the full amount of the client's costs; and

(iv) the fact that if the opponent is legally aided the client may not recover costs, even if successful.

These will be discussed if the client is relying on a third party to be responsible for their costs.

Liability for third party costs in non-contentious matters

The solicitor should explain to the client any liability the client may have for the payment of the costs of a third party. When appropriate, solicitors are advised to obtain a firm figure for or agree a cap to a third party's costs.

This should be noted by clients

The solicitor should keep the client properly informed about costs as a matter progresses. In particular, the solicitor should:

(a) tell the client, unless otherwise agreed, how much the costs are at regular intervals (at least every six months) and in appropriate cases deliver interim bills at agreed intervals;

(b) explain to the client (and confirm in writing) any changed circumstances which will, or which are likely to affect the amount of costs, the degree of risk involved, or the cost-benefit to the client of continuing with the matter

(c) inform the client in writing as soon as it appears that a costs estimate or agreed upper limit may or will be exceeded; and

(d) consider the client's eligibility for legal aid if a material change in the client's means comes to the solicitor's attention.

As fees will be agreed in advance, it is envisaged that clients of the practice will be aware in advance of any cost involved.

The Practice cannot be responsible for costs of other firms of solicitors or their information. These must be dealt with direct with any such firm

Client care and complaints handling

Every solicitor in private practice must ensure that the client:

is given a clear explanation of the issues raised in a matter and is kept properly informed about its progress (including the likely timescale);

This will apply in relation to specific project, but not general advice under a retainer with the practice

is given the name and status of the person dealing with the matter and the name of the principal, responsible for its overall supervision

Graham Colley is responsible for all client matters and is assisted by Mrs Anita Mann

is told whom to contact about any problem with the service provided

Graham Colley

have a and ensure that complaints are handled in accordance with it; and ensure that the client is given a copy of the complaints procedure on request

written complaints procedure:

All complaints should initially be raised with Graham Colley (or Anita Mann). In the First instance the client agrees to meet with Graham Colley to discuss and attempt to  resolve any problems. If problems remain unresolved, the client should refer the problem to Michael French at Michael French and Booth Hearn, solicitors through Jane Barter at  52 High Street Chatham ME4 4DS  (01634 830628).

Last updated 25.09.04