Rollos

Terms

ROLLOS LAW LLP

Solicitors & estate agents

  

Rollos Law LLP (Rollos) - Terms & Conditions of Business Schedule


The following terms (as amended by us from time to time) will apply to the work referred to in the Engagement letter/email you have received from us and, unless otherwise agreed by us in writing after the date of the Engagement letter/email, to all other work carried out by us on your behalf. By receipt of the Engagement letter/email and by continuing to instruct us you will be deemed to have read over and accepted our terms and conditions of business unless you specifically advise us to the contrary. This Schedule explains the way in which we will deal with your business and sets out the terms and conditions on which we will act for you. The terms and conditions fall into the following broad categories: -

  1. Knowing our Client/Instructions

  2. Our Work

  3. Charge-Out Rates and Payment Terms

  4. Professional Liability

  5. Administration & Regulation

  6. Complaints Procedure

  7. Termination

  8. Governing Law

Our terms and conditions are not intended to be, nor should be construed as being, exhaustive and may be subject to change from time to time. If you have any questions on them, either now, or in the future please do not hesitate to contact us, or the instructed Solicitor specified in your Engagement letter/email.

If you require these terms and conditions of business translated or need any other assistance in dealing with us please let us know. Rollos advocates compliance with the Disability Discrimination Act 1995 and will do everything reasonably practicable to ensure equality of access to our services.

  1. Knowing our Client/Instructions

    1.1. Who is our Client?

    You are our client and unless otherwise directed we will take instructions only from yourself.

    1.2. Instructions

    As your Agent we can only act on the information and instructions given to us by you. You should not assume that we have knowledge of any factual matters beyond those imparted to us by you. We can only act in your best interests if we are in possession of all the relevant facts from you.

    You may instruct us either verbally or in writing (including e-mail communication if that is appropriate). We reserve the right to ask you to confirm verbal instructions to us in writing. If at any time there is any change in your instructions to us, you must notify us immediately in writing and seek an acknowledgement that the change has been properly recorded.

    All confidential information provided to us in relation to your business will be received and acted upon in strict confidence and will only be disclosed to those parties or bodies authorised by you, or as reasonably required by the Law Society of Scotland or any other authorised body or Authority.

    1.3. Internet/Email

    Internet communications are capable of data corruption. We cannot accept any responsibility or liability for changes made to such communications after their despatch, nor can we guarantee their successful receipt or delivery. For that reason it may be inappropriate to rely upon advice transmitted by e-mail without obtaining written Updated confirmation of it. We do not accept responsibility or liability for any errors or problems that may arise through the use of Internet communication. All inherent risks in sending commercially sensitive information relating to your business rests with you. If you do not agree to accept this risk, you should notify us in writing immediately that e-mail is not an acceptable means of communication for you or your business.

    1.4. Client Due Diligence/ID

    To meet our statutory requirements under the Proceeds of Crime Act 2002, the Terrorism Act 2000, the Money Laundering Regulations 2007 and the rules of The Law Society of Scotland, we are obliged to properly identify our clients and to verify the financial credentials of both the clients and the transaction in which we are instructed before starting work.

    Unless you confirm to the contrary we will presume you are not a Politically Exposed Person (PEP).  Anyone who has been resident in the UK for more than a year or who is currently a UK national residing in the UK cannot be a PEP.   PEP’s are individuals who are or have (within the last 12 months) been entrusted with prominent public functions and include the following:

    • Heads of State, Heads of Government, Ministers and Deputy or Assistant Ministers;

    • Members of Parliaments;

    • Members of Supreme Courts, of Constitutional Courts or of other high-level judicial bodies whose decisions are not generally subject to further appeal, other than in exceptional circumstances;

    • Members of Courts of Auditors or of the boards of central banks;

    • Ambassadors, charg├ęs d’affaires and high-ranking officers in the armed forces;

    • Members of the administrative, management or supervisory bodies of state-owned enterprises.

    To comply with regulations we must ask you to provide us with up-to-date personal ID and proof of address and all the relevant details of your financial/funding sources for the transaction (if appropriate) as we may deem necessary at the earliest opportunity. If you have not already done so please forward to us two of the following items (one from each group).  The documents will be photocopied and returned to you immediately:-

    GROUP 1

      1. Valid current passport

      2. Valid current photocard driving licence (full or provisional)

      3. National Identity card

      4. Recent evidence of entitlement to a state or local authority funded benefit, including:

        Housing benefit
        Council tax
        Tax credit
        Pension
        Educational or other statutory grant

    GROUP 2

      1. Current council Tax demand letter or statement

      2. Current bank statement

      3. Current credit card Statement

      4. Current utility bill

      5. Current tenancy agreement (copy of the pages showing the address of the property and name of the tenant)

    A delay or failure to produce the above information may require us to carry out enhanced due diligence. Please be aware that this could lead to a delay in us progressing/completing your transaction. As your solicitors we would prefer to avoid such an eventuality but you will understand that we are constrained by the regulations.

    The regulations also require you to notify us immediately of any material change in your funding sources or arrangements that you have made known to us at the outset of your instruction to us. If there is such a change we may have to investigate the changes, request additional information, and, if absolutely necessary suspend work until the additional due diligence is completed.

    Under the regulations cash transactions are deemed potentially dangerous. For that reason, and to avoid you further unnecessary diligence, please note that in all cases we will not accept clients’ funds in cash other than for single transactions with a value of £500.00 or less.

  2. Our Work

    2.1. Your contact with Rollos

    • Primary responsibility for the conduct of the transaction will lie with the instructed Solicitor as detailed in the engagement letter/email you have received from us. As the instruction progresses others within Rollos may assist the instructed Solicitor.

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    • The advice we expect to be giving and the work that we expect to be undertaking on your instructions will be: -
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    • 2.1.1 detailed in the Engagement Letter/email;
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    • 2.1.2 drafting and finalising all documentation to completion of the work detailed in the Engagement letter/email;
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    • 2.1.3 generally all other work ancillary to your instruction.

    2.2 Completion of the Work

    • The nature of the instruction and the work will determine the length of time it takes to complete the work. We undertake to keep you informed (both verbally and in writing) of progress and all significant events that may affect that progress (and expect you to do likewise), but in most cases we cannot give any binding estimate as to when the work will be completed.

  3. Charge Out Rates & Payment Terms

    3.1. Our Fees

    • Our fees are calculated by reference to a number of factors, but critically upon the time spent by the Instructed Solicitor and others working on the matter. Our work roster is divided up into units of 6 minutes each, each unit being worth the following: -

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    • 3.1.1. Partner/Consultant - £25.00
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    • 3.1.2. Associate/Senior Solicitors - £20.00
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    • 3.1.3. Assistant Solicitors - £17.50
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    • 3.1.4  Trainee Solicitor with restricted Practising Certificate - £16.00
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    • 3.1.5  Trainee Solicitor - £14.00
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    • 3.1.6. Paralegal Assistant - £13.50
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    • 3.1.7. Support Staff - £8.50
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    • These rates are revised from time to time and usually annually. We shall inform you of any increase in advance of any change being affected.
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    • Each unit is applied as follows:-
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    • 3.1.8. Telephone calls received and made are timed in units of 6 minutes each.
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    • 3.1.9. Letters, faxes and email are charged at 1.25 units for each page of 125 words or part thereof. Formal letters/emails such as acknowledgements and confirmatory letters/emails are charged at 0.5 units.
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    • 3.1.10. Deeds and documents intended to have a contractual effect including missives, formal writs, figured statements and accounts, inventories and relative schedules, Memorials for Opinion, Court writs, Motions and associated papers are charged at 5 units per page.
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    • 3.1.11. The time spent considering matters perusing documentation, attending you in person, travelling, attending Court and all other personal work undertaken on the file are charged on the file at the time actually spent and recorded.
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    • To this basic charge rate there may be added an increase, or mark-up which depends upon a number of factors including the complexity of the matters involved and the expedition with which they require to be dealt with, the size of the documentation involved, the expertise or specialised knowledge in the circumstances in which the matter is dealt with. Any fees quoted are exclusive of VAT.
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    • In the administration of Trusts and Estates where we are handling client funds we are entitled to commission charges on the financial transactions we instruct/handle in the course of the instructions. An Auditor of Court may be appointed to independently assess our fee together with these charges.

    3.2. Outlays and Additional Costs

    • There may be certain outlays and additional costs that we incur in progressing your instruction such as registration dues payable to The Land Register of Scotland, Court Dues payable to the Scottish Court Service, Sheriff Officers’ charges, advertising costs for the sale or letting of properties, courier charges, travel costs (currently charged at £0.45 per mile) subsistence and administration costs such as photocopying etc. which will be charged as outlays on your account.

    3.3. Payments to Account

    • We reserve the right to seek payments to account from our clients in respect of fees and pre-payment in full of all outlays that are anticipated.

    3.4. Interim Fees

    • Depending on the nature of the business instructed it is our usual practice to issue interim fees on either a monthly or a quarterly basis. A final account will rendered upon completion of the business.

    3.5. Payment Terms

    • We expect payment in full of all invoices within 14 days of the Invoice being rendered.

    •  Any cheque, CHAPS or BACS payment made to us by you as the client must be from an account held in your name with an EU bank or building society.  We do not accept banker’s drafts.

    • If payment is not made timeously, or in full, we reserve the right: -
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    • 3.5.1. to charge an administration fee of £75 plus VAT on the outstanding sum; and,
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    • 3.5.2. In the event we require to raise legal proceedings for recovery of the outstanding sum additional (judicial) interest will be sought together with judicial expenses.

    3.6. Remit to an Auditor of Court

    • We reserve the right to remit your business file to the Auditor of Court for the purpose of fee assessment at any juncture throughout the course of your instruction for the purpose of raising interim and/or final fee invoices. Further, in the event that our level of charges is disputed, your file on your request will be remitted to the Auditor of Court who will carry out an independent and objective fee assessment. In the event the Auditor of Court assesses the fee to be higher than the fee raised we reserve the right to charge the higher fee assessed.

  4. Payments Regarding Property Sales and Purchases.

    When you are selling property we will deduct all outstanding costs together with our fees from the sale proceeds as soon as practicable after the date on which the sale is completed. When you are buying property fees and costs will be payable by you by agreement. Property and other purchase transactions are usually settled by remitting funds by cheque from our Clients Account. To comply with Law Society of Scotland Accounting Rules we must have cleared funds in that account and it is your responsibility to arrange for us to have cleared funds in time for settlement. You may do so by direct bank transfer or by cheque but please note that cheques can take approximately 7 working days (or longer in the case of intervening bank holidays) to clear and you must allow for this. If we do not have cleared funds from you, we will not be able to settle the transaction on the due date in which event you will not be given entry and may be in breach of your contract with the seller. Where we act for both the purchaser and the seller, the purchaser will sign a letter of authority authorising the transfer of the purchase price to the seller's ledger on the due date in implement of the purchaser’s obligation.

    In relation to property sales payment is generally made to us by cheque from the purchaser’s solicitors. Funds received in this way will not be cleared funds in our hands for approximately 7 working days (or longer in the case of intervening bank holidays). In those circumstances we will endeavour to issue you with a cheque on the date of settlement (unless you bank with our bank, i.e. The Royal Bank of Scotland plc) but we will be unable to telegraphically transfer funds to you until we have cleared funds. The other method of payment is by telegraphic transfer directly into our bank account from the bank of the purchaser’s solicitors. If your settlement takes place in this way then the funds are immediately cleared and available to you subject to payment of the bank transfer fee of £22 plus VAT. We are unable to insist that payment is made by telegraphic transfer to us and if that is a requirement we need to have your specific instructions to that effect at the outset of the transaction and payment by this method would require to be agreed by the purchaser. Where a telegraphic transfer is made (whether to client or lender) the client will be responsible for the CHAPS fee and VAT.

    With regard to redemption of mortgages, where the lender requires payment of the sum required to redeem the outstanding mortgage to be made by telegraphic transfer, then we will require to wait until the purchaser’s solicitors cheque clears so that we are in possession of cleared funds to enable us to redeem the mortgage and we will also charge a bank transfer fee of £22 plus VAT. The mortgage will be redeemed (as required under professional rules), by our firm on the basis of the redemption figure stated in the lender’s redemption statement. It is the client’s responsibility to be responsible for (1) paying to the lender any shortfall between the amount stated on the redemption statement and the amount actually required to redeem the mortgage in full, whether or not this shortfall arises by adjustments as a result of operation of a current account mortgage or otherwise by an adjustment of the mortgage redemption statement, and/or (2) recovery of any overpayment made on the redemption of the mortgage. It may be the case, however, that there are delays in obtaining a mortgage redemption statement or adjustments which require to be made to that statement and in these circumstances we will require to delay final accounting and transfer of the final balance to you for a reasonable period until such time as matters are clarified.

  5. Professional Liability

    5.1. Professional Indemnity Insurance Cover

    Rollos carries substantial indemnity insurance with a cover that is currently £8 million for each and every claim. The level of this cover is reviewed annually.

    All work undertaken and advice given by us is for your sole benefit and based on your instructions and the information provided by you. A third party should not in any circumstances rely upon our work for you. We will not have any liability, whatsoever for any loss, cost or expense incurred by a third party as a result of such reliance.

  6. Incidental Financial Business

    We are authorised by the Law Society of Scotland to carry out incidental financial business. These activities are limited in scope and we will not provide or comment on any investment advice. Where we receive commission from brokers in respect of business handled on your behalf, we will retain such commission and set it against the fee we would otherwise have charged for the work carried out.

  7. Administration & Regulation

    1. Data Protection
      We may obtain, use, process and disclose personal data about you in order that we may discharge the services agreed in this engagement letter/email and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance. You have a right of access under data protection legislation to the personal data that we hold about you. For the purposes of the Data Protection Act 1998, the Data Controller in relation to personal data supplied about you is the Partner who deals with your affairs generally.
    2. Conflict of Interest
      In terms of the Law Society of Scotland Practice Rules 2011 Solicitors are not allowed to act where either their interest conflicts with those of their clients, or where they are acting for two or more clients whose interests conflict. In the event of any such conflict arising, whether actual or potential, we shall advise you as to how this should be best dealt with. This may include us withdrawing as your agent in order to best protect your interests. As a matter of good practice all transactions are monitored on an ongoing basis to highlight at the earliest opportunity and help avoid any conflict of interest arising.
    3. Commissions
      As solicitors we are entitled to retain exclusively commission of up to 0.25% on clients’ deposits paid to us as introducers without further disclosure. We may receive commission from third parties for the introduction of business to them.
    4. Holding Funds for you
      We will hold money for you in accordance with the rules of the Law Society of Scotland. If we hold funds on your behalf which are likely to earn in excess of £100 in interest while held by us then we are obliged to invest the funds such that they earn interest on a short term basis. These funds will normally be deposited with The Royal Bank of Scotland plc through its Client Money Service Accounts (“CMS”). The total funds invested for our clients under the CMS are pooled enabling RBS to offer a competitive rate of interest. As this rate is only available through the introduction of all clients monies deposited the Bank pays us, as intermediary, a small % of the invested funds. The Law Society of Scotland has approved the CMS Scheme as an appropriate method by which solicitors can handle client deposits. We are happy to provide you with more information should you so wish.
    5. Retention of Files, Papers etc
      We are entitled by law to retain all your files, papers and documents, etc. until all fees and costs properly due to Rollos have been paid in full.
    6. Physical & Electronic Storage of Files
      After we have completed your business we may close and store our correspondence file for your business for up to a maximum of ten years, or otherwise as prescribed by the Law Society of Scotland for certain types of business, after which it will be destroyed.
      We may also scan and electronically store correspondence, documents and papers for our clients. Where the contents of files are scanned and electronically stored we reserve the right to destroy the hard copy prior to the end of The Law Society’s recommended retention period. Electronic records may be retained beyond The Law Society’s recommended retention period. As in certain circumstances electronic copies of documents may have lesser evidential weight than the originals you must advise us in writing if you do not wish your file to be electronically stored.
    7. Mandates
      Subject to Condition 3.5 we will deliver your papers to another agent upon receipt of a valid mandate and that within the time scales laid down by The Law Society of Scotland. We are entitled to render a fee for delivery of documents in these circumstances. Electronic records will be transmitted in the appropriate format. If electronic records are not acceptable to a new agent you will have to pay the costs incurred in producing hard copies.
    8. Tax Returns
      Unless otherwise specifically agreed with the instructed solicitor it will be the client’s responsibility to submit to HMRC or Revenue Scotland any necessary information and/or tax returns arising from the subject matter of our instruction (including without prejudice to the foregoing generality any future Land and Building Transaction Tax return which requires to be submitted by commercial tenants every 3 years throughout the currency of their Lease).
  8. Complaints

    1. Our aim is to provide an efficient and thoroughly professional service. If you are unhappy about any aspect of our handling of your business, please discuss your concerns in the first instance with the solicitor acting for you. If that might cause you any difficulty or embarrassment you should contact our Client Relations Partner, David Harley, at our Cupar Office or in his absence any other partner whose name appears on our headed notepaper.
    2. In the event that we are unable to mediate or resolve your complaint and you are still unsatisfied you may contact the Scottish Legal Complaints Commission (SLCC), The Stamp Office, 10-14 Waterloo Place, Edinburgh EH1 3EG [LP 86 Edinburgh2]. Tel: 0131 528 5111. Email: [email protected]. Website: scottishlegalcomplaints.org.uk.
    3. Please note the SLCC operates strict time limits for accepting complaints. They require complaints to be lodged within one year of the service ending or the conduct complained of occurring. The SLCC will, however, disregard any time during which it considers the complainer was excusably unaware of having a complaint.
  9. Termination

    1. Either you or Rollos may bring this business relationship to an end by giving the other party such written notice as may be reasonable having regard to the nature of business in hand.
    2. If your instruction is withdrawn you will still be liable for all properly incurred fees and outlays due up until the point of termination.
  10. Governing Law

    1. The Law of Scotland governs these Terms and Conditions of business. They shall be binding and remain in full force and effect from the date hereof whether acknowledged or not.

Rollos is a trading name of Rollos Law LLP, a Limited Liability Partnership, registered number SO304168. Registered office 67 Crossgate, Cupar, Fife KY15 5AS. All correspondence signed by a named individual is signed for and on behalf of Rollos Law LLP.