Terms & Conditions of Business

1. About Me & My Regulatory Status

1.1. I am an independent, self-employed solicitor practising on my own account.

1.2. I am regulated by the Solicitors Regulation Authority (SRA) under SRA ID 403380.

1.3. As a freelance solicitor, I do not operate as a recognised law firm, and I do not employ anyone else in connection with the legal services I provide to you.

2. Scope of Work

2.1. These Terms and Conditions, together with my accompanying Engagement Letter, form the contract between us.

2.2. Work will begin on your matter only after I receive your signed Engagement Letter or your explicit instruction to proceed following receipt of these terms, together with the ID requested and payment on account.

2.3. My services are limited strictly to the scope of work outlined in the Engagement Letter. Any additional work requested outside of this scope will require a new or updated agreement.

2.4. I will not advise on financial or tax matters, which are beyond the scope of my work and upon which you may wish to take specialist advice. I will not accept responsibility for any losses which arise because of a failure to seek appropriate tax advice.

2.5. Your matter may involve “reserved legal activities” as defined by the Legal Services Act 2007 and which include reserved instrument activities (including the preparation of any instrument relating to real estate). You may confirm my status as a freelance solicitor authorised to provide reserved legal activities on the SRA’s digital register at www.sra.org.uk/consumers/register/.

3. Fees, Billing and Payments

3.1. My fees are generally charged on a fixed agreed fee, as detailed in the Engagement Letter. Charges will only be based on hourly rates where appropriate, in view of the complexity of the matter or where requested.

3.2. I operate on the following payment terms:

• Fixed fees: I ask for 50% upfront before work progresses, with the balance payable on or before completion.
• Hourly rates: I will provide an itemised invoice, payable within 15 days of the invoice date.

3.3. In the event that a matter does not proceed to completion for some reason, charges payable will reflect the amount of work carried out, up to any agreed fee.

3.4. If an invoice is not paid within the agreed period, I reserve the right to charge interest at 4% above the base rate of Barclays Bank plc and/or pause work on your matter.

3.5. A “lien” may be exercised in the event of non-payment of costs due, enabling me to retain a client’s legal documents until the bill has been settled.

3.6. You will be responsible for any agreed disbursements, for example search fees, Land Registry fees and Stamp Duty Land Tax. I may ask you to pay these in advance.

3.7. Charges quoted are exclusive of VAT, which is not currently charged.

3.8. I do not accept cash payments.

4. Client Money

4.1. Under SRA regulations, as a freelance solicitor, I am prohibited from holding client money, except for money required to pay my fees and unpaid disbursements which will be held in my business account until payment is required.

4.2. I do not operate a client bank account. Any funds provided for fees, third-party costs or disbursements must be paid directly by you to the relevant third party or into an approved Third-Party Managed Account (TPMA).

5. Professional Indemnity Insurance (PII)

5.1. As a freelance solicitor, I am not obliged to meet the SRA’s minimum terms and conditions for professional indemnity insurance. This means that a claim could be rejected which would otherwise be payable under the SRA’s minimum terms.

5.2. However, I maintain “adequate and appropriate” Professional Indemnity Insurance for the services I provide. This cover is offered by Bridgehaven Speciality UK Ltd and provides a limit of £1,000,000. Further details can be provided upon request.

6. SRA Compensation Fund

6.1. The SRA operates a compensation fund for making discretionary grants to people whose money has been stolen, misappropriated or not accounted for by a solicitor, where the solicitor should have been insured under the SRA’s rules but was not.

6.2. For further information, see the SRA Compensation Fund information.

7. Confidentiality & Data Protection

7.1. I am bound by strict professional rules to keep your information confidential. I will not disclose your information to any third party unless authorised by you or required by law, for example anti-money laundering regulations which require me to report suspicious activity to the National Crime Agency.

7.2. I am registered with the Information Commissioner’s Office (ICO) and process personal data in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

8. Equality and Diversity

I am committed to promoting equality and diversity and will not, in the provision of services, discriminate on grounds of age, disability, gender reassignment, race, religion or belief, sex or sexual orientation.

9. Money Laundering Precautions

9.1. To verify your identity and comply with Money Laundering Regulations, I will require certified copies of your identification, for example a passport and recent utility bills, before commencing work.

9.2. Additional information may be required to enable me to verify the identity of a client or beneficial owner and understand the ownership and control structure of any company, charity or other organisation.

9.3. In certain circumstances I may carry out searches to verify your identity and proof of address.

9.4. At the start of a matter, I may require information and proof of funds being used. Failure to disclose details of the source of funds may result in termination of your retainer.

10. Limitation of Liability

10.1. My aggregate liability for any claim in respect of breach of contract, negligence or otherwise relating to the services provided shall be limited to £1,000,000, inclusive of interest and costs.

10.2. I shall not be liable for any consequential, indirect or special loss, including loss of profit or business interruption.

10.3. In carrying out services, I will require certain information from you and will not accept liability for lack of disclosure of relevant information which affects the validity or content of documents or advice given.

10.4. I shall not accept responsibility for any failure or delay in providing services that arises from circumstances beyond my reasonable control including, without limitation, acts of God, war, industrial disputes, protests, flood, storm, tempest, explosion, acts of terrorism and national emergencies.

11. Complaints

11.1. I am committed to providing high-quality legal services. If you have any concerns or are dissatisfied with my service, please contact me directly at amy@aapropertysolicitor.co.uk so the matter can be addressed promptly and fairly.

11.2. Please refer to the Complaints Policy for further information.

12. Termination

12.1. You may terminate my instructions in writing at any time. I may also terminate my engagement by providing you with written notice, provided there is a valid reason, for example conflict of interest, breakdown of trust or non-payment of fees.

12.2. Upon termination, you remain liable for all outstanding fees and expenses incurred up to the date of termination.