Standard Terms and Conditions
ADCO LEGAL LIMITED of 8E, Phoenix House, 100 Brierley Street, Bury, BL9 9HN, telephone 0161 399 0484. Please note we do not accept service by e-mail. Managing Director & Head of legal practice is Adam Paul Cohen (Solicitor) Authorised and regulated by the Solicitors Regulation Authority – registration no. 8002488
1. STANDARD TERMS AND CONDITIONS OF SERVICE 1. INTRODUCTION.
The fee earner responsible for this matter will be specified in our letter of engagement together with the basis of the firm’s charges. If they are not available upon your trying to phone them, please leave a message, and they will call you back as soon as possible. If they cannot call you within 24 hours or are otherwise unavailable, you should speak with one of their colleagues in this firm referred to in the engagement who will endeavor to help.
2. COSTS.
This firm’s charges will be calculated mainly by reference to the time spent in dealing with your matter. This includes advising, attending on you and others/opponents (either in person or by telephone), dealing with papers and documentation, correspondence, telephone calls, travelling and waiting time. If there is an alternative basis of charging such as a Conditional Fee Agreement or Damages Based Agreement this will be set out in the letter of engagement.
3. INCREASE IN FEES.
As you appreciate legal work (particularly litigation) is notorious for changing in intensity sometimes cases settle very quickly other times they become very complicated and time consuming. Accordingly, fees will be readdressed throughout the course of this matter, and you will be periodically updated as to the current level. The rates will be reviewed annually.
4. PAYMENTS ON ACCOUNT OF COSTS.
It is normal practice to ask Clients to make payments on account of anticipated costs and disbursements. It is helpful if you can meet requests promptly but if there is any difficulty, please do not hesitate to contact us. This firm will deliver bills to you at regular intervals for the work carried out during the conduct of this case which is both to assist cash flow and also to enable you to budget for costs.
5. RIGHT TO TERMINATE RETAINER.
(a) You may terminate your instructions to us and we would be grateful to receive this in writing. You may wish to do this either because you want to act in person (i.e. without a solicitor) or instruct a new firm of solicitors. In the event of termination, you are responsible for this firm’s charges (together with VAT and disbursements) incurred up to the date of your termination.
(b) Please be aware that this firm reserves the right to cease work and refuse to undertake further work on your behalf in the following circumstances:
1. Where a request is made for a reasonable sum of monies on account of costs and for as long that request is not met; and or
2. Where an invoice is raised and sent to you and so for as long as that invoice remains unpaid. In the event that this firm is on the Court record as acting for you in a litigation matter, and the retainer comes to an end in either (a) or (b) above, we will require you to submit the necessary form to the Court as soon as possible to confirm that this firm is no longer acting.
6. LITIGATION COSTS.
Generally, if your matter is taken to Court and you lose the case, you will become responsible for your opponent’s legal costs and disbursements, in addition to your own legal costs and disbursements payable to our firm. If you win your case, you will remain responsible for your legal costs and disbursements payable to this firm, but generally you will be entitled to a contribution towards your costs and disbursements from your opponent. This, however, does not mean that you are not liable to pay us these costs and disbursements irrespective of whether you receive this contribution from your opponent. Normally, the costs and disbursements that you can recover from your opponent amount to approximately 75% of your total costs you are responsible for to this firm. However, unfortunately there is always an element of costs and disbursements that your opponent will not be required to pay, which will amount to approximately 25%. The fact that a Court order for legal costs be made in your favour does not guarantee that such costs can be recovered from your opponent who may not be in a position to make payment whether in whole or in part. The decision as to costs in legal proceedings can be a complex matter and will much depend on the circumstances of your case if it involves Court proceedings. Nevertheless we shall keep you updated in respect of any costs exposure throughout the course of the case.
7. FILE.
As a matter of course at the conclusion of your case we will either give your file to you or hold it for safekeeping for a period of 6 years. Thereafter you can either collect it or if we do not receive your specific request not to do so it will be destroyed.
8. COMPLAINTS.
If any matters of concern to you arise in the course of your case, which you do not wish to discuss with me, please feel free to put them in writing and we will endeavour to Adco Legal Ltd Brighton House, 273, Wilmslow Road, Manchester, England, M14 5JQ Please note we do not accept service by e-mail. We will deal with them by way of a written reply as soon as possible. If for any reason at any time you feel that we are not dealing with the matter as you would wish we would appreciate it if you would advise Adam Cohen (Managing Director) immediately to avoid any misunderstandings at a later date. It is very rare that we have had any misunderstandings with a client and it is most important that we always have a good and open dialogue. If you do have any problems which cannot be resolved by me, please speak to Adam Cohen about this. If your queries or concerns cannot be resolved, then you are entitled to make a formal complaint, and a copy of this firm’s complaints procedure is enclosed for your attention.
9. MONEY LAUNDERING.
The Money Laundering Regulations and 2003 and The Proceeds of Crime Act 2002 have introduced strict requirements for legal practitioners. These include the requirement to report any suspicion of criminal conduct or involvement with criminal property and it is a criminal ohence for solicitors not to comply with this new legislation. In accordance with this, if you are a new client to the firm, we will ask or and you must supply satisfactory evidence of your identity.
10. JURISDICTION AND CHOICE OF LAW.
As we are regulated by the Solicitors Regulation Authority, which is based in England and Wales, all disputes arising out of or in connection with this Agreement will fall within the exclusive jurisdiction of the Courts of England and Wales. Furthermore, for the avoidance of doubt the governing law of this contract shall be English law.
11. PROFESSIONAL INDEMNITY INSURANCE.
You should be aware that the firm is covered for the period ending 30 November 2023 by a Professional Indemnity Insurance Travellers that provides covers for any claim up to and including £3 million. The firm’s liability to you in respect of any claim for Professional Negligence is limited to this sum.