Our Service Standards
OUR RESPONSIBILITIES
Provide you with a professional legal service
We aim to provide you with a high quality service in an efficient, friendly and approachable manner.
We exercise due care in the performance of our service in accordance with applicable professional standards.
We tell you who is handling each piece of work for you and we tell you, as soon as practicable, should there be any requirement to change these arrangements.
Should such a change be necessary, we brief the new or additional member of staff without cost to you.
We only advise on the detailed taxation aspects in relation to any piece of business where we have been specifically instructed by you to do so and we have agreed the scope of our service in that respect in a separate letter of engagement.
We do not carry out work under the Legal Aid or Legal Advice & Assistance Schemes. It may be that you are eligible for advice under such schemes, in which case it is for you to seek such advice elsewhere.
We do not assess your eligibility for cover under either scheme.
Complete work within agreed timescales
We seek to deal with your business as quickly and efficiently as possible.
We are happy to discuss timescales for carrying out each piece of work and we will do all that we reasonably can to meet those timescales. However, the speed at which work can be completed is affected by the levels of co-operation that we receive from other people, and by other circumstances (such as the fixing of hearing dates) all of which are to a large extent outwith our control.
Keep you informed of progress
We keep you regularly informed of progress on the work we are doing for you and of any likely delays.
Provide a confidential service
Information provided to us is dealt with in confidence and is only disclosed to parties as required for the proper conduct of your work or as authorised by you or as required by The Law Society of Scotland or any other relevant authority or by law.
Unless specifically instructed otherwise, we may disclose that we act for you including using that information for marketing purposes. We do not refer to the existence or particulars of any of the transactions or matters on which you instruct us without your consent unless the information is already public knowledge.
Communicate with you
Our aim is to communicate in a clear, jargon free manner. We do not always confirm discussions with you in writing, but from time to time we may feel it is appropriate to do so.
We may communicate with you by telephone, letter, fax, e-mail or any other form of electronic communication.
Manage papers
Our practice, subject to any legal requirement to preserve papers, is to microfilm or electronically scan files on completion of the work to which they relate. Original files are then destroyed.
We are happy to retain title deeds, wills or other documents on your behalf. We cannot guarantee, however, that they are always held within our offices or that where they are held is secure against damage by fire or the like.
Under general law, we have the right to retain any deeds, documents or other materials which are your property and are held by us until such a time as any sums payable by you to us are paid.
Hold your money
Where we hold money for you, we deposit it on your behalf in an interest bearing account if it is reasonable to do so having regard to the amount and the period during which the money is likely to remain in our hands.
Comply with any other service levels
We are happy to discuss the tailoring of our Service Standards to meet any specific requirements you may have.
Provide you with a responsible partner
You have access to one of our partners with overall responsibility for our relationship with you. If you are concerned about any aspect of our service, then please discuss your concerns in the first instance with the person handling your business or with the responsible partner. Alternatively, if you prefer or if you are still not satisfied, please raise the matter with our Client Relations Partner, Murray Shaw.
We are happy to provide you with our written procedure for handling complaints if you ask us to do so. That procedure is provided to you if you raise a matter with our Client Relations Partner.
The Client Relations Partner ensures that any complaint you may make is fully investigated and that you receive a detailed response. He provides an initial response as soon as possible, normally within ten working days, with a more detailed response being provided as quickly as possible thereafter.
If you are still dissatisfied, you are always entitled to take the matter up with the Client Relations Office of The Law Society of Scotland.
The extent of our liability
Advice given and documents prepared by us are for your use only in connection with the particular circumstances or transaction in relation to which the advice is given or the documents are prepared.
We accept no liability to you or any other party if such advice or documents are used without our consent in other circumstances or for another transaction.
Our advice and documents may not be copied, used or relied upon by any third party without our express written consent.
Our liability, and the liability of our individual partners, employees and agents, to you (whether for negligence or otherwise) in relation to any work which we undertake for you is limited to the amount (if any) specified in writing by us to you at the outset of our engagement for that work, or if no amount is so specified, £50 million.
Copyright and knowledge management
All copyright in documents we produce in the course of our work for you is, and remains, our property. We may adapt, develop or use the same for other clients. All such documents, and any counsel or other third party opinions we may obtain for you, may be stored (electronically or otherwise) in our internal knowledge management systems.
How we manage a conflict of interest
If your interests come into conflict with the interests of any other client of ours, or if there is a reasonable basis to anticipate that such a conflict may arise, we advise you as soon as we become aware of the actual or potential conflict. The Law Society of Scotland’s
rules govern conflicts of interest. Should a conflict arise, we inform you how the rules affect the particular case and discuss with you how the conflict can be dealt with.
Anti money laundering
We are obliged to comply with the Proceeds of Crime Act 2002, the UK Money Laundering Regulations 2007 and other legal requirements.
The Regulations require that, prior to forming any business relationship with any person or entity, we must obtain evidence of the identity of that person or entity. It is a condition of our accepting new instructions that you will provide us upon request with sight of original documentation confirming your identity (e.g. certificate of incorporation, passport, driving licence with photograph, etc.) and your current permanent address (e.g. bank statement, utility bill, mortgage statement, etc.). Photocopies are not acceptable. Similar proof of identity and address is required from third parties who have a financial involvement in any matter or transaction on which we act for you. If we are not given satisfactory evidence we may be obliged to withdraw from acting.
The legislation places an obligation on us to report to the Serious Organised Crime Agency (“SOCA”) any suspicions we may have that the money or property being used (or going to be used) in any matter or transaction derives from the proceeds of any criminal act. It is an offence for anyone to prejudice a SOCA investigation by “tipping off” a person who is the subject of suspicion or any third party who is suspected of money laundering. Where we make a report to SOCA, we are not entitled to take further steps on the matter or transaction without SOCA approval and we accept no responsibility for the effects of any delay which may thereby arise.
Fees
It is our objective that the fees which we charge are fair and reasonable for the work in question in all the circumstances of the particular matter or transaction. In the absence of any other agreement between us, the principal element in the calculation of our fee is the time spent by us on the work. Where that is the case, we will advise you of the applicable rates, which are reviewed from time to time.
The actual fee may also reflect consideration of other relevant factors such as urgency, importance of the work to you, amount or value of money or property involved, complexity, difficulty or novelty of the matters and length, number or importance of documents or papers.
It is important for our clients to have a clear idea of the likely costs. We are therefore happy to estimate fees, so far as possible, at the start of any piece of work and, on request, to update any estimate provided as the matter progresses. We will try to identify in our estimate any need which can reasonably be anticipated to make any payment on
your behalf.
We may request a deposit from you at the outset towards the fee liability you will have. If you are unhappy with any fee we charge, you are entitled to an independent assessment by the Auditor of the Court. This process is known as taxation. Alternatively, The Law Society of Scotland can give you guidance.
We can provide information on request as to the time spent to date on any matter and the cost it represents. We normally render an interim fee if a matter on which we are instructed has not been completed within a reasonable time after we are instructed (normally three months). We may, thereafter, render further interim fees until such time as the relevant matter is completed.
From time to time, we may require to make payments on your behalf (for example for copy documents or for services of counsel). Normally, we only make such a payment after receiving the necessary funds from you but in every case you are liable to reimburse us
on demand.
If any request for payment on account or settlement of a fee is not timeously met, we are entitled to cease or suspend further work on the matter in question and on any other matters being handled by us for you. In such instances we accept no liability for the effects of delays and other consequences which may thereby arise.
We are normally able to meet any special requirements for format of invoices or other steps to assist your financial or accounting procedures. Unless otherwise agreed at the time of your instruction, our fees for work done are payable even if the proposed transaction or matter is not completed.
Recoveries
In situations where you or we on your behalf contract with a third party to the effect that you are indemnified by that third party in respect of all or part of our costs, the primary liability for those costs remains with you, since we have no entitlement in law to seek recovery from the third party.
In litigation, any recovered expenses rarely cover all of the fees due to us. About 50% is a reasonable working indication. You are liable for all our fees, whether or not they are recoverable from any other party.
Data protection
As you would expect, your details are kept on computer. Some of this data (e.g. name, address and interests) is used so that we can send you information about us and our services. None of the information that we hold on computer is disclosed to third parties except in the ordinary course of acting for you or if required by law.
If you do not wish to receive information about us and our services, you should notify our Business Development Director, Rob McInally, and your name can then be removed from our database for this purpose.
YOUR RESPONSIBILITIES
Communicate with us
You may instruct us in a variety of ways. However, we may ask you to confirm instructions in writing. Unless otherwise agreed between us, we are entitled to assume that anyone who holds himself or herself out as having authority to instruct us on your behalf does have such authority. However, we may wish to confirm that authority with you before proceeding.
Unless we specifically agree with you to the contrary, we will not accept instructions for payment, or details of bank accounts to be credited, other than in writing.
Where we are acting for a group of people or an organisation, we can accept instructions on a matter from more than one person and, unless otherwise agreed between us, we are entitled to assume that the person instructing us has the authority of the others to do so. Before acting on such an instruction, however, we may wish to confirm it with any other interested party.
Provide us with information and decisions
If we are to meet your expectations of performance, we need your co-operation. From time to time we need information from you and, although you have our full support and guidance, we need decisions by you at certain stages of our work.
If we require information or decisions from you, we try to give you as much notice as we can. Where such information or decisions are not provided to us within any timescale we indicate to you, we accept no liability for the effects of delays and other consequences which may thereby arise.
Provide us with all relevant facts
As your agents, we can only act on information and instructions given to us. We need to have full details of each matter on which we are instructed. We rely on you to provide us with all relevant information on a timely basis and to tell us as soon as possible of any change of circumstances. You should not assume that we have knowledge of any factual matters.
Settle fees
All our fee invoices are payable on presentation. If any invoice remains unpaid for 30 days after it is rendered, we may add a surcharge of 2% for each period of 30 days (or part of such a period) thereafter until the full amount due is paid.
If an account is not paid promptly, we may cease or suspend further work on the matter in question and on any other matters being handled by us for you. In such instances, we accept no liability for the effects of delays or other consequences which may thereby arise. Where we are acting for a group of people on any matter, every person in the group is equally responsible for the instructions given to us and for payment of our fees and outlays in connection with the matter in question.
Where you carry out a matter or transaction through a company, limited partnership, limited liability partnership or other corporate vehicle established, or to be established, for that purpose, you will remain responsible for payment of our fees and outlays in connection with that matter or transaction in question.
We are entitled to apply any money of yours which we hold to meet fees, VAT and outlays due by you.
Biggart Baillie LLP is a limited liability partnership incorporated in Scotland with registered number S0301366, and having its registered office at:
Dalmore House,
310 St. Vincent Street
Glasgow
G2 5QR.
In these Service Standards, or in any correspondence, reference to a “partner” of Biggart Baillie LLP is to a member of Biggart Baillie LLP. All correspondence sent, and advice given, by a member or an employee of Biggart Baillie LLP is sent or given on behalf of Biggart Baillie LLP.
Biggart Baillie LLP is regulated and authorised to conduct business as solicitors by The Law Society of Scotland and is subject to its Code of Conduct.
Details of the accreditation can be obtained by
contacting:
The Law Society of Scotland,
26 Drumsheugh Gardens
Edinburgh EH3 7YR.
Telephone: +44(0) 131 226 7411
www.lawscot.org.uk
©Biggart Baillie LLP. Issue 2, 2008