Important Terms and Conditions of our Service to you
We will act for you on a Pay-As-You-Go basis, this is called a ‘limited retainer’.
The features of this service are explained below.
You can come to us for advice and/or services as and when you think it is necessary. We will give you advice and/or assistance on your matter as and when you decide to return. You are in primary control over all aspects of your case and are responsible for all decisions made including how much you want to spend on legal fees.
We will act for you on a ‘fixed work/fixed fee’ basis. This means that we are going to do a clearly defined piece of work for you. You will be responsible for all other matters that fall outside of that fixed piece of work that we will do for you.
Key features of the Pay-As-You-Go service to ensure the best case outcomes are as follows:
If you fail to draw to our attention all relevant factual circumstances you may not receive all the necessary legal advice for your case. All advice we provide to you is based on our understanding of the law as it applies at the time it is given and our understanding of the facts you have told us about and any documents you have shown us. We cannot be liable for any incorrect advice provided on the basis of inadequate information and/or documents you have given to us;
Please keep us informed and updated with respect to specific tasks you have asked us to perform. For example, if we are drafting an agreement for you and the agreement falls through, please inform us as soon as possible;
Please do not make assumptions about what we know. When in doubt tell us, or ask a question so we may assist you;
If we think that any information and/or documents you have provided us with is inadequate we will not be able to advise you until the further information and/or documents we ask you to obtain or verify is provided;
Please ensure that the other party/their solicitor/the Court have your correct address;
Please do not give third parties the Company’s address, as we will not receive correspondence on your behalf under the terms of this agreement;
You are responsible for sending and receiving the correspondence. Please let us know when you would like some assistance drafting any correspondence;
Please ensure you keep good records. We suggest that a lever arch file/file dividers is a good way to organise the papers;
Consultations are always face to face by either Skype or Facetime or if you prefer by telephone, so please do not send correspondence unless it is to arrange an appointment or by prior agreement with us;
We reserve the right not to act for you on a Pay-As-You-Go basis if we think the matter is too complex to be dealt with in this way or it is not in your best interests. Should that occur we can discuss the best way for you to be represented;
If at any point we think that the matter is too difficult for you to deal with yourself, even with the benefit of our advice, we will not be able to assist you on a Pay-As-You-Go basis under this agreement. You may then wish to seek advice elsewhere;
We reserve the right to review and increase the fee schemes that we provide.
Pay As You Go advice does not cover:
Any communication with a third party;
Anything outside of the boundaries of what you ask us to do;
Acting as your representative by filing documents on your behalf. You are responsible for this;
Conducting litigation for you. This means that as far as any Court or tribunal proceedings are concerned, we will not act as your representatives. We can advise you about how to represent yourself, but you will remain responsible for issuing proceedings, dealing with all correspondence and other communication with the Court and other parties. If you require us to represent you in litigation, we will be pleased to discuss with you how we can assist under a different agreement.
This can be arranged at a fixed cost but we will need to enter into a separate agreement with you about this;
Keeping your papers;
Advising you on the telephone unless specifically agreed in advance;
A full retainer which guarantees that we will act for you from the beginning to the end of your case.
Whilst we may offer an opinion about your case or about the possible outcomes, we cannot guarantee any particular result, as any result is at the discretion of the Court.
Our duties to you
If we become aware that you have misled or intend to mislead the Court in any way, we will advise you to bring this to the attention of the Court. If you do not do so, we will not be able to continue to advise you.
However, your dealings with us are confidential and protected by legal professional privilege, so we will not provide any information about you to the Court or any other party without your permission.
You can expect useful advice that progresses your matter each time we act for you on a Pay-As-You-Go basis. Naturally, we will consider whether the costs of the matter justify the likely benefits.
Costs for your case
As our service is Pay-As-You-Go, you are expected to present payment in advance for the service that you have selected, and that we provide. You will receive confirmation of payment made for your records.
Who is dealing with your work?
You will be notified who is dealing with your matter. The person dealing with your case will be a specialist family law Solicitor who will be a member of Resolution, an organisation of specialist family law practitioners.