Terms of Engagement

1.    Introduction

Parnalls ("the firm") believes it is helpful for clients to know the terms on which the Firm accepts instructions. The terms indicated in this leaflet will apply, unless specific terms are agreed in writing between the Firm and the Client.

2.    Instructions

The Firm asks that instructions should be given or confirmed in writing.

3.    How long will instructions continue?

The Firm expects to continue to act until the matter is completed.
However, either the client or the Firm may bring instructions to an end at any time, but the firm will not normally do so, unless a conflict of interest arises, or if the Firm considered that it is not in the client's best interests that the Firm should continue to represent the client. If instructions are terminated either by the client or by the Firm, the client will only be liable for fees and payments to the date of termination of the instructions plus any fees or payments for the work necessary in order to determine the Firm's liability or to transfer the matter to another adviser of the client's choice.

4.    Fees

The Firm calculates its fees to clients mainly from time spent in working for the client. All those working for a client have an hourly rate - the more senior the person, the higher the rate. The fees charged also reflect the complexity and circumstances of the individual matter or the exceptional skills needed.

5.    Value Added Tax

VAT at the VAT rate applicable at the date of the bill will be added except for accounts to non E.C residents and certain other accounts.

6.    Estimates

The Firm will, at the request of a client, estimate it's charges where possible. If the amount of work likely to be incurred is uncertain, the estimate of charges is bound to be uncertain. Where an estimate has been given but the amount of work appears likely to involve a substantially higher charge than the estimate, the Firm will inform the client.

7.    Ceilings on charges

At the request of the client the Firm will inform the client when charges (exclusive of VAT and disbursements) have reached an agreed figure.

8.    Fees and other payments for a client

The Firm will inform the client of any substantial fees or payments to be made on their behalf and will assume instructions to discharge any fees necessary or desirable to achieve the client's objective. The Firm will be deemed to be authorised to instruct agents at the client's expense and where the Firm considers this to be in the interests of the client will consult the client before engaging Counsel or experts on the client's behalf for whose fees the client will be responsible. The client will be responsible for all payments and fees incurred by the Firm on the client's behalf.

9. Instructions on a contingency basis

The Firm may agree to carry out work for a client on the basis that a fee will be limited to a certain figure unless the client's objective is achieved, except at present on certain work where such an arrangement is not permitted.

10. Payment on account of costs

In certain categories of work, e.g. litigation, or where the Firm must incur liability to others, or where a client is instructing the Firm for the first time, the client may be asked to pay a sum on accounts of costs. All such payments will be taken into account when bills are rendered.

11. Commission

The Firm occasionally receives a share of commission for insurances or investment. Unless the amount is small, it is the Firm's policy to account for to clients for such commission. All commission earned for general insurance is retained by the Firm because the Firm does not charge for its services in arranging such insurances.

12. Billing frequency

The normal practice is to render accounts at not less than three monthly intervals or on the earlier completion of the transaction, except for the categories of work referred to below. The bills maybe rendered more frequently where disbursements have been incurred or where a large volume of work has been done.

a.    Conveyancing Owner/occupied residential property
Our service for the transfer of residential property has a separate charging structure. Details will be given separately by letter.

b.    Other property transactions
These will normally be billed on completion. A full statement will be sent before completion, detailing fees and disbursements. In the case of long - running conveyancing matters, we reserve the right to make an interim charge at a suitable time. Interim bills and disbursements are payable by a client on the payment terms set out in paragraph 13. Abortive work will be similarly charged.

c.    Debt collections
Our Debt collection service has a separate charging structure available on request.

d.    Probate and administration
An account is not normally rendered until the estate from which it will be paid is in funds.

e.    Trust administration
Trusts are normally billed annually or half yearly and fees are payable from Trust Funds.

13. Payment terms

Invoices are payable within 28 days. Solicitors have a legal right to charge interest on unpaid invoices. Interest is charged by the Firm on unpaid invoices at 4% above National Westminster Bank Base Rate, but in practice the Firm will not charge interest in any case where the invoice is paid within 28 days of invoice date.

14. Reports on progress

The Firm will report periodically on the progress of any matter and will always try to keep the client informed on any unexpected delays or changes in the character of the work being undertaken.

15. Client's money

Client's money accepted by the Firm is held in separate client bank accounts and will be subject to the strict provisions of the Solicitors Accounts Rules which are designed to ensure that the client will benefit from interest on substantial sums held for long periods.

All deposit interest paid to UK resident clients by the Firm will be paid gross (i.e. without deduction of tax). It is the client's responsibility to declare sums so received.

16. Insurance cover

The Firm maintains professional indemnity insurance.

17. Papers held by the Firm

On completion of a matter, the Firm will return to the client, at their request, any documents lent to the Firm by the client for the purpose of that matter. The Firm's working papers, all letters received, carbons of all letters sent and all other papers will be the property of the Firm. The Firm cannot undertake to retain files for any specific period of time but will generally endeavour to keep all files for a minimum period of six years. The Firm reserves the right to destroy files without further reference to its clients after completion of a matter. The Firm reserves all its rights to exercise a lien.

18. Document custody

The Firm may store deeds and original documents in its strong room for the client. No charge is made for this service but the Firm cannot accept responsibility for the loss or damage of any item so held, except by prior arrangement.

19. Complaints

If a client wishes to make a complaint against the Firm, the client should write, without delay, to Keith Rimmer, the Chief Executive. The Firm will make every effort to deal with complaints quickly.