WHEELERS LLP
TERMS AND CONDITIONS OF BUSINESS
The Solicitors Regulation Authority is the governing body for solicitors. Professional Rules laid down by it require that clients of solicitors be informed of terms of business. Accordingly this formal statement indicates the basis on which this firm provides professional services to clients.
1. PLACES AND HOURS OF BUSINESS
Wheelers LLP (“Wheelers”) offices are located at Vale House, 30 Wharf Road, Ash Vale, Surrey, GU12 5AR and 42 Victoria Road, Farnborough, Hants GU14 7PG. The normal hours of opening are between 9.00am to 5:30pm Monday to Thursday and 9.00am to 5.00pm on Friday. The Farnborough office also opens on Saturdays from 9.30am to 1.30pm. Appointments can be arranged outside those hours when necessary in the interests of clients. Solicitors are also often in the office until early evening and you may therefore be able to contact them by phone at the office outside of normal hours.
2. RESPONSIBILITY FOR WORK
(a) Members, Staff Solicitors, Trainee Solicitors, Legal Executives, and Legal Assistants (“Fee Earners”) may undertake work on your case although one of the Members will be in overall charge of your case, unless otherwise notified.
(b) We aim to offer a friendly, professional and efficient service but if any difficulty arises, you should first raise it with the fee earner dealing with the matter or alternatively the Member with ultimate responsibility for the case. If the problem cannot be resolved in this way you may refer it to Mr Mel McCrum who will investigate your complaint. This “complaints procedure” exists for your convenience and whilst we are confident that clients will rarely have occasion to use it, it is important that you are aware of it. We value your custom and would not wish to think that you were dissatisfied without our having the opportunity to address and satisfy your concerns.
(c) Complaints procedure
If there should be a problem with our service, you are entitled to complain and the firm has a written complaints procedure, which is available on request. The complaint should be referred to Mr Mel McCrum or, if he is not available, to Mr Paul Keogh, who will investigate your complaint. You may make a complaint about the standard of work carried out or an invoice rendered. There may also be a right to object to a bill by applying to the court for an assessment of the bill under Part III of the Solicitors Act 1974. We would ask you to note that our unpaid bills carry a charge for interest.
(d) Legal Ombudsman
If, 8 weeks after making your complaint, we have not dealt with it to your satisfaction, you may have the right to complain to the Legal Ombudsman (www.legalombudsman.org.uk , PO Box 6806, Wolverhampton WV1 9WJ. Tel: 0300 555 0333). Such a complaint should be made within six months of receiving a final written response from us about your complaint, or within a year of the act or omission complained of or, if later, one year from the date you should reasonably have known there was cause for complaint without taking advice from a third party. This right is available to individuals; micro-enterprises (as defined in European Recommendation 2003/361/EC of 6 May 2003); charities with an annual income less than £1 million; clubs, associations or societies with an annual income less than £1 million or personal representatives, or the residuary beneficiaries, of an estate where a person with a complaint died before referring it to the Legal Ombudsman.
3. INSURANCE AND LIMITATION OF LIABILITY - IMPORTANT - Please read carefully
Wheelers have obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 per claim. This condition sets out the entire financial liability of Wheelers (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Client in respect of:
(a) any breach of the terms of engagement with the client;
(b) any use made by the client of the services provided by Wheelers; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the engagement.
Wheelers’ total liability in respect of the actions listed in (a) to (c) above in connection with the performance, or contemplated performance, of the engagement shall be limited to the extent of that insurance cover, namely £5,000,000
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the engagement, however, nothing in these Conditions limits or excludes the liability of Wheelers:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the client as a result of fraud or fraudulent misrepresentation by Wheelers;
4. FEES
(a) Unless an alternative fee arrangement has been agreed and confirmed in writing by us, the basis for the calculation of our fees is as described below and is mainly by reference to the amount of time spent by the Fee Earners dealing with the transaction or case; the time charged being all of the time spent on your affairs. This will include telephone calls with you and others, considering and preparing papers, documents, file records, responding to and writing of paper correspondence and emails, attendance upon counsel, court hearings, research, calculating costs and waiting and travelling.
(b) Each Fee Earner’s time is charged out at an hourly rate that reflects overhead costs. With reference to the hourly rates set out in paragraph 4 (c); short letters or emails that are written and short telephone calls that are made or received will be charged as units of 1/10 of the hourly rate. Longer letters and telephone calls will be charged on a time basis.
(c) The current hourly rates for each category of Fee Earner are set out below. The rates do not include VAT or disbursements, which will be added when an invoice is prepared.
Grade 1 – Solicitors and Legal Executives with at least 8 years’ experience £225.00 per hour
Grade 2 – Solicitors and Legal Executives with at least 4 years’ experience £200.00 per hour
Grade 3 – Other Solicitors and Legal Executives £175.00 per hour
Grade 4 – Trainee Solicitors and other Fee Earners £150.00 per hour
(d) Wheelers reserves the right to charge a higher rate higher than that set out above in paragraph 4 (c). Such a higher rate will take into account a number of factors which may include the complexity of the issues, speed at which action must be taken, the expertise or the knowledge that the case requires, and if appropriate, the value of the property or subject matter involved. If the rates are higher than those referred to above, you will be notified in writing.
(e) The hourly rates set out above are normally reviewed annually to take effect from 1 January and take account of changes of salary and other overhead costs. Details of any revision of rates occurring during the continuance of a case or transaction will be supplied to a client on request. Where it becomes apparent that such circumstances exist, we reserve the right to terminate the retainer unless revised rates can be agreed.
(f) In property transaction, the administration of estates and other work involving substantial sums or assets, or benefit to the client, fees may be calculated both by reference to the time spent and/or to the value of the financial benefit. The value element reflects the importance of the transaction and the consequent responsibility falling on the firm.
(g) Disbursements include payments made by Wheelers on your behalf such as court fees, counsel’s fees, medical reports, search fees, land registry and probate registry fees, photocopying costs (whether performed externally or internally), costs draftsman’s fees, travel and accommodation among others. Wheelers have no obligation to effect such payments unless you have provided funds for that purpose. VAT is payable on certain disbursements.
(h) Fees are payable whether or not a case is successfully concluded or a transaction completed. If a case or transaction does not proceed to completion for any reason during the period in which Wheelers are instructed, then Wheelers shall be entitled to charge for work done on the basis set out above but, in its absolute discretion, the firm may waive part or all of such entitlement to fees.
(i) Where significant work is being undertaken in relation to an imminent hearing, we reserve the right to require all invoices to be paid, whether or not payment has fallen due, in addition to any payments on account of on-going work and disbursements such as counsels’ fees. Should payment not be made, we reserve the right to remove Wheelers from the record as acting for you
5. ARRANGEMENTS FOR PAYMENT OF FEES
(a) Property Transactions An account will normally be rendered following the exchange of contracts and payment is required prior to or upon completion. In cases where the transaction is lengthy, interim invoices may be rendered during the course of the matter. Where sufficient funds are payable to you upon completion, amounts due to Wheelers will be deducted.
(b) Administration of Estates It is usual practice to deliver interim accounts at intervals during the administration. An interim bill will normally be submitted when the grant has been obtained. If it then transpires that it will take some time to complete the administration, further interim accounts will be rendered periodically and the final account presented when the estate accounts are delivered for approval.
(c) Other Cases or Transactions It is normal practice to ask clients to pay sums of money from time to time on account of fees and disbursements which are reasonably anticipated in the following weeks or months. It is helpful if clients meet such requests with prompt payment to avoid delay in the progress of their case. In transactions or cases likely to continue for more than one month, interim bills requesting payments on account will normally be rendered at regular intervals or more often if the amount of work is particularly substantial. When rendering a final bill at the end of the transaction credit will be given for any interim payments made. In the event of any bill or request for payment on account of costs not being paid, Wheelers reserves the right to suspend work on your matter and/or decline to act further in the case by terminating the retainer. The full amount of work done up to that date will be the subject of a final bill rendered and will be a debt due from you.
(d) Our payment terms are strictly 30 days from the invoice date. Interest will be charged at 10% per annum in cases where payment is not made within 30 days.
(e) In cases or transactions continuing for some time, many clients find it convenient to arrange regular payments on account by way of bank standing order. Standing order forms are available from the firm on request.
(f) Where clients have private legal costs insurance, for example incorporated within your motor insurance policy or domestic/household insurance policy, it is your responsibility to notify Wheelers. Until such time as Wheelers have agreed satisfactory terms with such an insurance company, you will pay Wheelers’ charges on an hourly basis and expenses as set out above.
(g) If for whatever reason you fail to comply with any requirements enabling you to continue receiving financial assistance through a private legal costs insurance scheme, upon Wheelers receiving notification of cessation and/or termination legal costs insurance, you will be liable to Wheelers for charges on an hourly basis and expenses as set out above.
(h) If you object to our bill you may be entitled to apply to the Court for a detailed assessment under the procedures set out in Part III of the Solicitors Act 1974.
6. COSTS RECOVERED
(a) In some litigation cases a successful client may be entitled to the payment of costs by some other party to the proceedings. However it is rare for the system of ‘Assessment’ of costs, as it is known, to result in the other party having to pay the full amount of legal costs incurred by you and in that event you will have to meet the balance due. If the other party is in receipt of Public Funding no costs are likely to be recovered. In the event that a client is successful and costs do fall to be paid by the other party, interest can be claimed on those costs against the other party from the date on which the order for costs was made. To the extent that any of the fees and disbursements of Wheelers have been paid on account by you, Wheelers will account to you for such interest (when received) but will otherwise be entitled to retain it. Please note that the primary liability for costs incurred with Wheelers is yours even in case where an order for costs has been obtained against another party; the other side may not be ordered to pay any costs or may be unable to meet any costs order. Further, the costs of seeking to enforce any such order for costs against another party have to be met by you.
(b) In some circumstances the Court may order you to pay the other parties’ legal costs and expenses; for example were you to lose all or part of the case or an interim costs order was made against you. The money payable will be in addition to Wheelers charges and expenses.
(c) You may have a liability for the payment of costs of a third party even in non-contentious matters. Where possible we will seek to obtain a firm figure for, or agree a cap to, a third party’s costs.
7. INTEREST PAYMENTS