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Drummond Miller LLP Terms And Conditions Of Business

Who are we?

Drummond Miller LLP “The Firm” is a Limited Liability Partnership registered in Scotland with a Registered Number SO 300942. The Registered Office of Drummond Miller LLP is Glenorchy House, 20 Union Street, Edinburgh, EH1 3LR. Our VAT Registration Number is 269110465. A list of the members of Drummond Miller LLP is open to inspection at the Registered Office. Please note that all correspondence signed by a named individual is signed for and on behalf of Drummond Miller LLP. Similarly all advice tendered to you by a named individual is tendered for and on behalf of Drummond Miller LLP.

Service

In our dealings with our clients, we aim to provide a high quality service. We try to work quickly and efficiently and we hope that you will find us friendly and approachable. At the end of the transaction we hope that you will think that the fee charged represents good value for money. The terms which follow, along with our accompanying letter of engagement, set out the working relationship between us and our terms of agreement with you. Please read them carefully. If there is any issue raised which you do not understand then please contact the person dealing with your transaction, who will be happy to answer any query that you may have.

We ask that you confirm your acceptance of our letter of engagement and terms of business within the next seven days. Failure to do so may mean that we cannot undertake work on your behalf.

Acceptance can be confirmed in the following ways:

  1. If you have been issued with two copies of our letter of engagement, you can sign, date and return one copy;
  2. You can sign and date the letter of engagement and then email us a photograph or scanned copy of it; or
  3. Email us confirming your acceptance of our letter of engagement and terms of business (please refer to the date of the letter of engagement in your email).

Notwithstanding the foregoing your continued instruction of us will be deemed to amount to acceptance of these terms of business unless we hear from you to the contrary immediately upon receipt of these terms of business.

 

1. Communication

1.1. Availability

Please remember that the nature of our work often means that we may be out of the office, attending meetings or otherwise engaged on client business. Your solicitor may not always be available to take your calls. If this happens please leave a message with a brief indication of the purpose of your call and your solicitor will contact you as soon as possible on his or her return.

1.2. Instructions

It is your responsibility to provide us with instructions and information timeously and when requested. As your solicitors, we can only act on information and instructions given to us. You should not assume that we have knowledge of any factual matters. We will only act in accordance with your instructions based on our professional advice. As we will rely upon your instructions on matters of fact being correct, we will not be liable for any consequences arising from inaccuracies in your instructions e.g. In respect of crucial dates which may result in a claim becoming time-barred. You can instruct us either verbally or in writing, although we may ask you to confirm verbal instructions to us in writing. If there is any change in your instructions you must notify us immediately. If you wish anyone other than yourself to give us instructions or information or receive information on your behalf, we will require confirmation of this in writing. Unless we agree otherwise in writing, where we have been instructed in any matter by more than one person (e.g. by a married couple) but only one of them tells us what to do, that person will be assumed to have the authority of the other(s) to do so and each person will be equally responsible for the instructions given to us. In certain circumstances, we may consider it necessary to stop acting for you. If this happens we will write to you at the earliest opportunity, and explain why, and what steps you may take.

1.2.1. Right to cancel

If we met with you away from our offices, you have the right to cancel your engagement with the firm within fourteen days without giving any reason. The cancellation period will expire fourteen days after the date of our initial communication with you. To cancel, you must inform us by a clear statement (eg a letter or email) using the contact details on our letter, within that fourteen day period. If you requested work to be carried out during the cancellation period, you will be liable to pay for any services delivered at the agreed rate, until the point at which you cancel. If a fixed fee has been agreed, then we will charge at our standard hourly rates up to the maximum value of the agreed fixed fee.

1.3. General correspondence

We will always try to keep you informed about the progress of your case/transaction. We will communicate with you whenever there is anything to report. If matters arise which you wish to discuss with us then please feel free to make an appointment to see the solicitor dealing with your case or alternatively contact that solicitor by telephone or email. Please do be aware however that all meetings, telephone calls, letters and emails, whether incoming or outgoing, will be charged for. In the event of you varying your instructions, this may increase the time that we will require to spend on your matter, and increase costs. The fee charging arrangement provided for in your accompanying letter of engagement is based on the scope of the work outlined in the accompanying letter of engagement. If we require to issue a revised fee charging arrangement in light of revised instructions, we will inform you of this in writing. If you have requested that we communicate with you by e-mail, then it is important that you check your e-mail account on a regular basis. Please ensure that you advise us immediately of any change in your contact details including mobile telephone numbers and e-mail addresses. Similarly, if you expect to be uncontactable for any period of time, for example during holidays, then please remember to let us know in advance in case we require to obtain instructions from you over that period.

1.4. Conflict of interest

In general, drummond miller llp is unable to represent two clients on opposing sides of a case or transaction. This would create a conflict of interest. Please advise us at the outset if you are aware of any potential conflicts which may arise. If we decide that we can still act (i.e. If you are one of the exceptions to the general rule as permitted by the law society of scotland) we will confirm this to you in writing. Sometimes at the outset of litigation or a transaction, it may not be immediately apparent whether any conflict of interest exists. Should a conflict of interest subsequently arise, we are obliged to immediately advise both you and the other party of this. We can, if requested, suggest another firm or firms which may be able to act on your behalf. In such circumstances, we must decline to act further for one party or both. Even if we cease to act we are still entitled to payment of all of our fees and outlays up to the date that we cease to act.

1.5. Timescales

The nature of legal work, particularly court work, often makes it difficult to estimate how long a transaction will take to complete. If we are able to give an estimate, we will discuss timescales with you. We will do our best to meet these and always to deal with everything as quickly and efficiently as possible. Please remember that quite often the speed at which work can be completed is affected by the level of co-operation (or lack of it) that we receive from other people or agencies, and is accordingly outwith our control. If you reply promptly to any requests we make of you, that will greatly assist us in the progress of your transaction.

1.6. Copyright and third parties

All copyright in documents we produce is reserved to us. Advice given and documents prepared are for your use only and may not be copied, used, or relied upon by any third party without our express written consent.

 

2. Charges

2.1. Change of solicitors

You are entitled to withdraw your instructions from us at any time, but you will remain responsible for fees and vat, and any other outstanding payments due to us up until the date of withdrawal. We are entitled to retain any title deeds, files or other papers belonging to you until payment has been made.

2.2. Payment of sums due to you and on your behalf

It is our standard practice to pay any sums due to you, or to be paid to a third party on your behalf, by bank transfer. You will require to provide us with the relevant bank details in writing. If you wish payment to be made directly into a bank account or directly to a third party, for example, to redeem a mortgage, then again we will require a written instruction from you to this effect. Any bank charges incurred by us in making such a transfer will be charged to you and deducted from the funds held on your behalf. If you wish payment in another currency, then we will require a written instruction from you to this effect. Such instruction will be acted upon as soon as reasonably practicable after we are in funds to settle with you. Foreign currency payments will be processed via our bankers and will be subject to the deduction of their charges. Please also be aware that we accept no responsibility for the exchange rate applied by the bank, for any rate fluctuations that may occur over the course of the transaction, nor the length of time it takes for the funds to reach your bank account. We would also strongly recommend that you consult your own bank prior to requesting remittance of any sums in a currency other than sterling. An administration charge of £25.00 plus vat is charged by us for each foreign currency payment undertaken on your behalf. This charge is made in addition to our fee for the legal work carried out on your behalf.

2.3.

In relation to surveys, searches, property enquiry certificates, and certain other services, we may receive a commission due to volume of work. This will not be accounted for separately, however, any such monies received enable us to maintain our fee structure.

 

3. Holding money on your behalf

The solicitors (scotland) accounts rules provide that where a solicitor holds substantial sums of money for a client over a period of time, and in circumstances where it would be reasonable that interest be earned for the client, the funds should be placed in an interest bearing account. The rules, however, also provide that at all times, except with the express agreement of the client, the funds must be instantly available. This is done by placing funds in a solicitors’ special deposit account (ssda). By aggregating any such funds held on your behalf with the funds held on behalf of other clients, the opportunity exists to obtain a higher rate of interest on such funds than might otherwise be available on an individual basis. Unless you instruct us to the contrary we will deal with your funds in this way, in accordance with the said rules. As our bank requires that we have a note of your national insurance number and date of birth before we can set up an ssda account, then, in the event that you fail to provide us with this information when requested to do so, we will be unable to open such an account and no interest will accrue to you. Please also note that where the funds that we hold on your behalf are payments to account of fees and outlays, then no interest will be payable to you on such funds held.

All funds held on your behalf shall be banked with bank of scotland/lloyds banking group. All funds placed in an ssda on your behalf shall be deposited with bank of scotland/lloyds banking group. Should you require us to deposit funds on your behalf with any other bank or financial institution, you shall require to give us written instructions to this effect. We shall only be able to implement those instructions if your chosen bank or financial institution can offer banking facilities to us. You shall be charged by us for all additional work, administration and charges incurred in implementing your instructions. If you require advice regarding the financial status of any bank or financial institution (including bank of scotland/lloyds banking group) you should consult with your independent financial adviser, stockbroker or other professional advisers.

 

4. Security/cyber fraud

Fraudulent activity is uncommon, but a risk for all. Be aware that fraudsters may try to use techniques to discover personal information about you or your transaction. Please note – we will never ask you to send money to an account other than our client account, details of which can be found on our website on www.drummondmiller.co.uk. All payments can be made securely via our website on www.drummondmiller.co.uk/make-a-payment or by telephoning our reception.

Our bank account details will not change during your transaction, and the firm will never intimate a change of bank details via email. If you receive a call or email (even if it appears genuine) asking you to commit funds to a different account, then please contact us by telephone or in person, and speak to your named contact within the firm.

If your own bank details or payment instructions change, the firm will not make any payment until such time as it has been able to confirm and verify those details with you.

 

5. Incidental financial business

  1. The specific Incidental Financial Business undertaken by this Firm will be detailed in our Letter of Engagement, and the Firm has limited its Incidental Financial Business activities to that work given the limited scope of activities allowed under the Law Society of Scotland Incidental Financial Business Regime.
  2. Drummond Miller LLP is licenced by the Law Society of Scotland to carry on Incidental Financial Business under the Society’s Practice Rule C2: Incidental Financial Business.
  3. Drummond Miller LLP is not authorised by the Financial Conduct Authority under the Financial Services and Markets Act 2000.
  4. Drummond Miller LLP has Professional Indemnity Insurance under the Law Society of Scotland’s Master Policy. The current level of indemnity under the Master Policy is £2 million per claim. Drummond Miller LLP is also covered by the Scottish Solicitors’ Guarantee Fund which is a fund established under Section 43 of the Solicitors (Scotland) Act 1980 for the purposes of making grants in order to compensate persons who, in the opinion of the Council of the Law Society of Scotland, have suffered pecuniary loss by reasons of dishonesty on the part of a Scottish solicitor in connection with the practice of a solicitor.

 

6. General

6.1. Complaints

Our aim is to provide the highest possible level of service to all our clients. If you are unhappy about any aspect of our service, then please discuss your concerns in the first instance with the person dealing with your case. However, if that would cause you difficulty or embarrassment, then please write to our Client Relations Partner, Ms Lynne Stratford who is located at 11 White Hart Street, Dalkeith, EH22 1AE (e-mail: lstratford@drummondmiller.co.uk). If the matter cannot be resolved by direct conciliation then you are always entitled to refer it to the Scottish Legal Complaints Commission, Capital Building, 12-13 St Andrew Square, Edinburgh, EH2 2AF, e-mail: enquiries@scottishlegalcomplaints.org.uk). Please only pursue this option once you have attempted to resolve the matter with Ms Stratford or one of the other partners of Drummond Miller LLP. Please note that any referral to the SLCC must be made within one year of the service ending or of the event giving rise to the complaint occurring; or within three years for services commencing after 01 April 2017.

6.2. Alternative dispute resolution

We recognise that Alternative Dispute Resolution Regulations have implemented ADR/EDR Directive 2013/11/EU to promote Alternative Dispute Resolution as a means of redress for consumers in relation to unsatisfactory services. We have, however, chosen not to adopt an ADR process, and if you have any concerns about the service you receive from this Firm, you should contact the Firm’s Client Relations Partner as stated above.

6.3. Quality assurance

In the unlikely event that you should have a claim for loss arising out of the manner in which your transaction has been handled, or the advice given, then by accepting these Terms, you agree that any claim can only be pursued by you against us as a Limited Liability Partnership, and cannot be pursued against any individual solicitor or staff member acting on our behalf. Where we have engaged the services of third parties on your behalf (this could, for example, be counsel, expert witnesses, accountants, surveyors or other professionals), we are not liable for any advice provided by them, and will not be responsible for any errors or omissions of those third parties.

6.4 Confidentiality

Information provided to us will be dealt with in confidence and will only be disclosed to parties authorised by you or as required by law, the Law Society of Scotland, or any other authorised body.

6.5. Proof of identify

Before we undertake any business on your behalf, to ensure our compliance with the rules relating to the avoidance of money laundering under the money laundering regulations 2017 (as amended), we will require you to produce proof of your identity and home address. We will ask you to bring with you when you first meet with your solicitor one from the following:-

  1. current valid full passport or
  2. current driving licence or
  3. national identity card

And one item from the following list, dated within the last three months:

  1. an original recent electricity bill
  2. an original recent gas bill
  3. an original recent telephone bill
  4. an original recent council tax bill
  5. an original recent bank statement

Copies of the foregoing will be made and the original documents will be returned to you. The copy documents will be retained on your file. Delay in providing us with identification evidence may, at the very least, cause the transaction to be delayed and when such documentation is not provided at all we may not be able to conclude the transaction for you. In some cases we may require to withdraw from acting for you. Any change in your circumstances during a transaction (e.g. marriage) may result in us needing to ask you for fresh proof of identity.

7. Data protection

Under the data protection act 2018 we require to advise you of the personal data about you that we will hold and the purpose of that. We will hold the following personal information about you in our practice management system and on our client database:

  • Your name and address;
  • Your contact telephone number(s) and/or e-mail address(es);
  • Your date of birth;
  • Your national insurance number; and
  • Any financial information we require in connection with your transaction

In the course of our business dealings with you, it is highly likely that we may also obtain additional personal information to enable us to properly provide our services. We will use your information:

  • To provide you with the legal services you have requested
  • For training and administrative purposes
  • To manage our relationship with you
  • To keep you informed of legal developments
  • To invite you to seminars and client hospitality events; and
  • To keep you advised of developments in Drummond Miller LLP

We may also disclose your information in some circumstances to our professional advisers or other agents whom we use to perform certain functions on our behalf. These agents only have access to the personal information required in order to perform their functions and are limited to the information that we provide to them. We hold agreements with such external agencies which requires their observance of client confidentiality. They will not use it for any other purpose.

Your continued relationship with us signifies your consent to us using your personal information for these purposes. If you do not wish to receive any information from us, or want us to remove your details from our database, then please confirm this in writing to our client relations partner (whose contact details are noted above) at any time.

For the avoidance of doubt, other than as specified in these terms of business, we will not use your personal information ourselves or provide it to any other person without your approval or unless we are required to do so by law.

If at any time during the course of our relationship with you, you require to provide us with personal information about a third party, you should only do so after any required consents to this disclosure have been obtained from that third party, as that personal data may thereafter be used or stored by us. It is your responsibility to ensure that you comply with the relevant sections of the Data Protection Act 2018 and any other legislation applicable to the information in question.

 

8. Proceeds of crime act and handling of funds

Please be aware that as well as our legal obligations in respect of money laundering rules, we also have obligations under the Proceeds of Crime Act 2002. In certain circumstances, we are obliged to report any evidence or suspicion of money laundering or criminal activity to the National Crime Agency (NCA) (including but not limited to any arrangement which we know or suspect facilitates the acquisition, retention, use, or control of criminal property by or on behalf of another person. This is so even where the suspicion relates to property to be transferred to you by another person. We are prohibited from intimating to you the fact that such a report has been made. In certain cases we may be required by the NCA to cease acting on your behalf. In such circumstances we would be prohibited from providing you with an explanation as to why we had ceased acting for you.

If you pay any funds to us by way of a bank draft, you must at the same time provide a letter from your bank or building society confirming the identity of the account holder from whose account the funds have come. If the account holder is not you, we require sight of money laundering identification documentation in respect of the account holder (as per paragraph 5.5 hereof). Before we can pay the bank draft into our client account we require the said letter from your bank or building society and the said money laundering identification documentation. If they, or either one of them, are not provided to us at that time, then at the very least the transaction will be delayed; and when such documentation is not provided at all, we may not be able to conclude the transaction for you. In some cases may require to withdraw from acting for you.

 

9. Professional indemnity insurance and limitation of liability

As solicitors regulated by the Law Society of Scotland, we are subject to their rules and regulations. In particular, we are required to have professional indemnity insurance to a limit of £2 million for each and every claim. Such professional indemnity insurance is in place. In any transaction or delivery of services to you by Drummond Miller LLP, the liability for any acts of negligence of the LLP is limited to the value of the transaction or £2 million (whichever is the lower), being the limit of the professional indemnity insurance cover of the LLP. This will only be increased by specific agreement in writing and in those circumstances we would require to extend the limit of the professional indemnity insurance cover for the LLP. You would require to meet such additional costs in obtaining the necessary extension to the professional indemnity insurance cover.

We will not be responsible for the consequences of, and shall not be liable for, any loss caused to you or any third party, arising from any misleading, incomplete, or erroneous instructions or information given by you or where information or instructions are not given timeously. Similarly, we will not be responsible for the consequences of, and shall not be liable for, any loss caused to you or any third party arising from any act or omission on the part of any third party whom we require to engage on your behalf (see Paragraph 5.3 above and Paragraph 11 below). In either case, in respect of a claim by such a third party, in such circumstances, you will wholly indemnify us in respect of that claim.

 

10. Extent of advice

We shall only provide you with advice that is within our scope of expertise. Where specialist advice such as tax or accountancy advice is required by you, it is your responsibility to ensure that proper advice is sought and taken by you from suitably qualified specialists. We will not be responsible for the consequences of, and shall not be liable for, any loss caused to you or any third party arising from your failure to obtain such specialist advice

We shall only act on your behalf in matters in respect of which we have issued to you a letter of Engagement or have otherwise agreed in writing with you that we are acting on your behalf. You should not assume that we have agreed to act on your behalf in relation to any other matter, nor that any instruction in a new matter will be acted upon by us, unless you have received written confirmation from us that we are willing to act for you in that matter.

 

11. Retention and destruction of files

Due to the limitations of our own storage capacity we are unable to retain files indefinitely within our offices. On conclusion of your case, our file will be closed and at our cost will be placed for archive storage with an independent and secure storage company. In normal circumstances, we reserve the right to destroy files at any time in accordance with advice given by the law society of scotland. This will normally be after the fifth, or in certain cases the tenth, anniversary of the date of completion of the transaction. By instructing us to act for you, you agree and consent to our placing your file in such archive storage, and to its later destruction. Should you raise a query regarding your transaction after your files have been sent to external storage, then we reserve the right to levy a reasonable administrative charge to cover the costs of retrieval.

 

12. Third parties

In order to deal with certain aspects of your transaction, we may require to sub-contract part of the work to other Agencies. For example, if court documents require to be prepared, that work may be outsourced to a printing Agency. If counsel is instructed, information concerning your case will obviously require to be sent to counsel. When having our accounts prepared, we frequently outsource to external Law Accountants. If there is a requirement for our fee to be formally adjudicated upon, we may require to send papers to the Auditor of Court. If, in the course of your business, we engage others on your behalf (such as counsel, surveyors, foreign lawyers, accountants, or expert witnesses), whether in Scotland or abroad, we will do so as your agent and we will not be responsible for any act or omission of those other persons. Unless otherwise agreed in writing, you are also primarily liable for their fees, costs, and expenses, and if we incur any such fees, costs, or expenses on your behalf, you will reimburse us in respect thereof immediately upon being requested to do so. Should you have any queries about our use of such Agencies, please discuss. At all times, your contract is with us, and should you have any questions, or be dissatisfied with any aspect of how your matter is being progressed, you will always be able to contact our Client Relations Partner.

 

13. Whole agreement

These Terms of Business, together with the letter accompanying them and any enclosed schedule of costs, will form the whole agreement between us to carry out the work referred to in that letter. These Terms of Business govern our relationship with you and, whilst we ask you to sign and return a copy of the Terms of Business, please note that if you fail to do so, but continue to instruct us, you are agreeing that the Terms, and those of the Letter of Engagement, shall govern our continuing relationship.

 

14. Applicable law

These Terms of Business, together with the Letter of Engagement accompanying them, are governed by the Law of Scotland and are subject to the non-exclusive jurisdiction of the Scottish courts.

We hope that these explanatory notes will answer some of the questions more commonly raised by clients. Please do not hesitate to ask for an explanation of any matters which are still unclear. Unless specifically agreed with you these Terms of Business will apply to all dealings which we have with you.