The basis on which we shall charge fees will be in accordance with an estimate provided to you in writing or by unit and charges, as specified in our tables of fees for general business which can be viewed here. We reserve the right to render interim fee notes for payment from time to time.
Funds Invested On Your Behalf
If funds held by us on your behalf require to be invested the funds will be deposited with Bank of Scotland. If you wish your funds to be deposited with a different bank or building society you will require to give us your instructions to that effect.
Some service providers pay us commissions. Our choice is not based on the value of the commission paid but on the service to us and the suitability of the product. Any such payments received by us will be refunded to you unless you consent to us retaining the payment. An exception to this is commissions received from professional searchers and stockbrokers. In respect of any funds invested by us on your behalf we receive a handling commission in respect of each and every transaction.
Any estimate that may be given will be a probable fee based on our experience of the work you have asked us to do. If the work turns out to be more complicated or takes longer than we anticipated then we may require to increase our estimate to take account of this. We will inform you as soon as possible about this. Sometimes we will need confirmation of your ability to fund the transaction, and a deposit may be requested.
Expenses in Court Action
If we act on your behalf in connection with a court action in which you are partly or wholly successful, it may be possible to recover expenses from your opponent. In practice only a proportion of your expenses are likely to be recoverable. You are liable for our fees and for outlays incurred on your behalf whether or not you are successful in an action but credit will be given for all expenses recovered from your opponent.
Deduction of Fees and Outlays at Source
Where we receive sums which belong to you we shall be entitled to deduct from those sums all outstanding fees and outlays before sending you the balance. If after conclusion of any matter on your behalf, we are left holding nominal funds as a credit on your account which would not be economic for us to remit to you by cheque and we have no other business with you, we will be deemed to have your permission to write off any such credit balances provided it does not exceed £25.
Sales and Purchases of Property
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, but no later than the date on which you become the owner of the new property.
Costs paid on your behalf
Where fees, outlays or expenses are to be paid by us on your behalf, we will endeavour to give you details of these in advance in order that you may place us in funds before the sums are due. If however we are unable to do so, we will require to be repaid by you within seven days of your receiving a request for payment of the appropriate sum. Please note that we are acting as agents on your behalf and the contractual liability to pay fees or outlays on your behalf is your liability.
You are entitled to change solicitors at any time but you are responsible for the fees and any other outstanding payments due to us until the time of change. We are entitled to hold any title deeds, files or other papers until payment.
We require to have cleared funds prior to issuing any cheques on your behalf. In terms of UK banking clearance practice to ensure funds are clear we require cheques a minimum of 10 days prior to issuing same on your behalf and in cases of a bank transfer, the day prior to settlement. If settling the sums due by credit or debit card then we require to be placed in funds a minimum of 4 working days prior to issuing same on your behalf.
Limit of Liability
For the protection of our clients and ourselves we carry Professional Indemnity Insurance. The aggregate liability of our firm in any circumstance whatsoever, whether in contract, delict, under statute or otherwise, and howsoever caused for any and all damage arising from or in connection with the services provided shall, be limited to the sum of two million pounds (£2M) in relation to each matter. If you have any reason to think that the aforementioned sum is insufficient to cover any foreseeable loss, please raise this immediately with the Solicitor dealing with your business.
If for any reason you are unhappy about the quality of service provided, or the amount of our fees, then you should, in the first instance take the matter up with the solicitor with whom you have been dealing. Alternatively, should you prefer or if you feel your initial approach has not resolved the point, we would invite you to raise the matter with Alastair J Dale, our Client Relations Partner, who is based at the Galston Office. If you are still dissatisfied you may submit a formal complaint to the Scottish Legal Complaints Commission who deal with complaints against Solicitors in Scotland.
The Commission can be contacted at The Stamp Office, 10-14 Waterloo Place, Edinburgh, EH1 3EG, Tel: 0131 528 5111, www.scottishlegalcomplaints.com.