Terms of Business
1. Our Aim
We aim to offer our clients quality legal advice with a personal service at a fair cost. As a start, we hope it is helpful to you to set out in this statement the basis on which we will provide our professional services.
These Terms of Business are to be read in conjunction with the terms of the Engagement letter attached. Both these Terms and the Engagement Letter shall form the basis upon which we shall provide the professional services to you specified in the Engagement Letter. No variation of them shall be effective unless agreed in writing and signed by a Partner. Only a Partner of the firm has the authority to agree to a variation of these Terms of Business on behalf of the firm and they will apply to any future instructions you give us. This Terms and Conditions form must be signed and returned to WBW.
3. Limited Liability Partnership
These terms of business set out the basis on which WBW Solicitors LLP (referred to in these terms of business as “we” or “us”) will carry out work for you. This document should be read together with and is subject to, our client engagement letter.
Unless we expressly agree otherwise, these terms of business apply to any future instructions you give us.
Your continuing instructions will amount to your acceptance of these terms of business, but please sign and date the enclosed copy of these terms of business and return it to us immediately. We can then be confident that you understand the basis on which we will act for you.
We hope that by sending our terms of business to you we have addressed your immediate queries about the day-to-day handling of your work. If, however, you have any further questions, please contact the partner with ultimate responsibility for this work named in our client engagement letter.
We are a limited liability partnership (“LLP”). References to “partners” in these terms of business and in our client care letter are to “members” of WBW Solicitors LLP or employees with equivalent seniority or experience. A list of the Members and Non-Members designated as Partners is available for inspection at our offices. All liabilities of WBW Solicitors LLP will be borne solely by the LLP and the LLP have indemnified the Non-Member Partners against any claims made against the LLP. .
This is an important document; please keep it in a safe place for future reference.
4. Charges and Expenses
If you are not satisfied with the amount of our fee you have the right to object in writing within one month of the date of our bill.
If you do object, you have the right to have our bill assessed as to its reasonableness by the Court under Sections 70, 71 and 72 of The Solicitors Act 1974.
If you do object, you will be notified in writing of our entitlement to charge interest on the outstanding amount of the bill in accordance with Article 5 of the Solicitors’ (Non-contentious Business) Remuneration Order 2009.
Our fees are calculated in accordance with the method specified in our Engagement Letter attached. Unless our Engagement Letter specifies to the contrary, our fees will be calculated mainly by reference to the time actually spent by the solicitors and staff in respect of any work which they do on your behalf. Routine letters and incoming correspondence are charged as six minute units of time and we charge for the time spent on making and taking telephone calls in six minute units and considering incoming letters at units of six minutes per page.
We are happy to give you our estimate of the fees incurred and to be incurred in respect of work we do for you at any time upon request. Unless otherwise stated that estimate will only be intended to give an indication of costs and not a fixed quotation. You may set a limit on the fees which may be incurred. That limit will not be exceeded without your consent. This may not be appropriate where court proceedings have been commenced. When that limit has been reached any further work to be undertaken will be subject to a further agreement regarding costs.
Where an hourly rate has been quoted, this rate will be capable of variation by written notification from us to you to reflect increases in overhead costs and inflation. The hourly charging rate is shown in the accompanying engagement letter.
In a no-win no-fee agreement, the hourly charging rate will be £250 + vat.
In some commercial cases the hourly charging rate may be greater than that shown above and you are advised to consider the enclosed private client engagement letter which will show the enhanced hourly charging rate if you are instructing us in respect of a commercial matter.
Where any aspect of the case/matter is exceptionally complex, high value, or urgent or requires particular skill, attention or specialised knowledge or work outside office hours we reserve the right to charge a higher fee. Advance notice will be given where possible.
If for any reason the matter does not proceed to completion we shall be entitled to charge for work done and expenses incurred.
Solicitors have to pay out various expenses on behalf of clients ranging from Land or Probate Registry fees, court fees, experts’ fees, and so on. We have no obligation to make such payments unless you have provided us with the funds for that purpose. We refer to such payments generally as ‘disbursements’. The firm will not be liable to you for any penalties or other loss caused by the non-payment of a disbursement by the firm which you have not put the firm in funds to pay. If the firm gives credit to any client in respect of disbursements it will be entitled to raise a “disbursement only” bill at any time to recover this disbursement. The firm may also require you to provide adequate funds to enable it to make payment of any disbursement at any time.
All prices quoted are exclusive of VAT which will be payable in addition in respect of our fees and certain disbursements. We are happy to accept payment by credit card. Credit Card transaction charges will only be applied to commercial clients.
In the event of non-payment of a bill or sum on account, the firm reserves the right to cease or to suspend acting for you in respect of any work we are currently undertaking on your behalf. If we decide to stop acting for you (for example, if you do not pay an interim bill or comply with a request for a payment on account) we will tell you the reason and give you notice in writing. We will also be entitled to keep all of your papers and documents in the event of a non-payment of a bill. If you fail to pay a bill, final or interim, we will be entitled to issue Court proceedings to recover the amount outstanding.
5. Consumer Contracts Regulations 2013
If the contract between us has been concluded away from our premises, for example where you have instructed us over the telephone or we have met with you at your home or place of work, you have the right to cancel your instructions to us within the next 14 days without charge. Please contact me if you wish to cancel your instructions in this way using the cancellation form at the end of these Terms of Business if you wish. Failure to use this form will not invalidate your cancellation.
If you want us to start work on your matter immediately, then please return these terms of business to us, ticking the “Please start work now” box and we will. However, if we do start work and you then change your mind and cancel your instructions within 14 days, we will be able to charge you for any work we have done.
Once 14 days has passed, we will carry on with your matter and our normal charging arrangements will apply.
6. Charge for Retrieval
We do not charge our clients for storage of their files or related documents, but reserve the right to make a charge of £25 +vat if after the conclusion of your case/transaction, you require your file or any related documents to be retrieved from our storage areas. If you are unable to collect your requested documents in person from one of our offices we will also charge for postage to send the file to you. The charge will represent any charge imposed on the firm by an external postal/delivery provider.
7. Charge for storage of Wills, Lasting Powers of Attorney and Trust documents
We will charge a one-off fee of £10.00 plus VAT (at the appropriate rate) for the safe and secure storage of each Will. We will also charge £10.00 plus VAT for each Lasting Power of Attorney document and £10 for each Trust document.
8. Payment Arrangements
Property transactions. We will normally send you our bill following the exchange of contracts. Payment is required on a purchase prior to completion and at completion on a sale. If sufficient funds are available on completion, and we have sent you a bill, we will deduct our charges and expenses from the funds. In conveyancing matters, we require cleared funds to complete a transaction and if we do not have cleared funds at the required time, your completion may be at risk.
We can only accept funds or payments direct from our clients when the payment is by cheque or credit card. We cannot accept funds from third parties without breaching the money laundering rules that we must abide by. These money laundering rules are imposed on us by statute and we cannot work outside these rules.
Any funds that are paid over to us must only come from an account in your name, not any third party. If funds are paid over to us by a third party, we will not be able to use these funds until a formal money laundering check is carried out against the account holders. We may also have to report any such payment to the Police if it is suspicious and stop working on your transaction. Any such third-party payment will cause a delay in dealing with any transaction for you and will result in additional costs to you. We will not be responsible for any delays or losses resulting from any such payment.
If, for example, unauthorised credits are made to our account with balance of funds to complete after exchange of contracts, we cannot guarantee that completion will take place on time, leaving you in breach of contract and liable to the other party in damages.”
Administration of estates. We will normally submit an interim bill at regular stages during the administration, starting with the obtaining of a grant. The final account will be prepared when the estate accounts are ready for approval. If sufficient funds are available, and we have sent you a bill, we will deduct our charges and expenses from the funds.
Other cases or transactions. It is normal practice to ask clients to pay sums of money from time to time on account of the charges and expenses which are expected in the following weeks or months. We find that this helps clients in budgeting for costs as well as keeping them informed of the legal expenses which are being incurred. If such requests are not met with prompt payment, delay in the progress of a case may result. In the unlikely event of any bill or request for payment not being met, this firm must reserve the right to stop acting for you further.
Payment is due to us within 7 days of our sending you a bill. Interest will be charged on a daily basis at the rate payable on Judgment Debts i.e. currently 8% pa. Payment of our fees is not to be contingent on the happening of some future event.
Payment can be made by MasterCard/VISA by arrangement.
Unfortunately, because of delays in the court system, litigation can be a protracted business and can often take a long time to conclude. If we did not require payment until the end of a case, our staff and overhead costs involved in financing your litigation would become prohibitive. It is for this reason that it is our standard practice both to require money on account and to deliver regular interim bills on account where appropriate. Because of the nature of litigation work, however, it is likely that at certain times during the case we will give you (without any further notification) varying amounts of credit, which reflects on-going work, which has not yet been billed.
The interim bills on account are based on an estimate of the costs incurred to the date of that bill. These will be a guide to the total cost to that date, although they may require some adjustment at the end of a case. The firm requires that these bills be paid within 7 days together with a further payment on account of costs. The amount held by us on account of costs will be deducted from early bills we sent to you. On some occasions we may require additional payments on account (for instance when we are about to incur responsibility for payment of heavy fees to Barristers or experts or when we need to prepare for a substantial hearing). If any bill and any further monies on account are not paid in accordance with these terms of business, we reserve the right to deliver a final bill in respect of all work done and cease to act as your solicitors. Please also note that the total costs may be greater than the monies paid on account of costs.
We must emphasise that the final charge will be dependent upon all the circumstances, in particular the total amount of time involved on the matter, which cannot be foreseen with any certainty, although we will do our best to keep you informed as to the costs incurred as the case progresses.
9. Other parties’ charges and expenses
In some cases and transactions a client may be entitled to payment of costs by some other person. It is important that you understand, that in such circumstances the other person may not be required to pay all the charges and expenses which you incur with us. You have to pay our charges and expenses in the first place and any amounts which can be recovered will be a reimbursement towards them. If the other party is in receipt of legal aid no costs are likely to be recovered. Furthermore, the other party may not be in a position to make any payment towards your costs if their financial position does not allow them to do so. In such circumstances you will be responsible for the entirety of our costs.
If you are successful and a court orders another party to pay some or all of your charges and expenses, interest can be claimed on them from the other party from the date of the court order. We will account to you for such interest to the extent that you have paid our charges or expenses on account, but we are entitled to the rest of that interest.
You will also be responsible for paying our charges and expenses of seeking to recover any costs that the court orders the other party to pay to you.
A client who is unsuccessful in a court case may be ordered to pay the other party’s legal charges and expenses. That money would be payable in addition to our charges and expenses. Arrangements can be made to take out insurance to cover liability for such legal expenses. If it is appropriate to do so we will discuss this possibility with you.
10. Interest payment
Any money received on your behalf will be held in our Client Account. Subject to certain minimum amounts and periods of time set out in the SRA Accounts Rules 2011, interest will be calculated and paid to you at the rate from time to time payable on Barclays Bank PLC’s designated client accounts.
Where a client obtains borrowing from a lender in a property transaction, we will ask the lender to arrange that the loan cheque is received by us a minimum of four working days prior to the completion date. If the money can be telegraphed, we will request that we receive it the day before completion. This will enable us to ensure that the necessary funds are available in time for completion. Such clients need to be aware that the lender may charge interest from the date of issue of their loan cheque or the telegraphing of the payment.
11. Commission and Interest received
In cases where we receive commission from building societies, insurance companies, stockbrokers and other agents, this commission and interest will normally be yours.
12. Financial Services
From time to time in the course of our dealings with you we may identify the need to refer you to an independent financial adviser where we believe your situation warrants it and your best interest would be served by a consultation. In order that we can offer you an initial appointment free of charge and so that we can have confidence in the advice you receive, the firm has established a separate company, WBW Chartered Financial Planners, to provide this advice. Unless you expressly inform us you do not wish us to do so, we will in the first instance refer you to this company.
The Partners of WBW Solicitors LLP have a financial interest in the business of WBW Chartered Financial Planners, which is an Appointed Representative of Albert Goodman Chartered Financial Planners which is authorised and regulated by the Financial Conduct Authority. It is not part of our solicitor’s practice and it is not regulated by the Solicitors Regulation Authority. If you choose to instruct WBW Chartered Financial Planners you will engage them under separate terms of business which will confirm that any advice given is protected by the statutory provisions and protections afforded by the Financial Conduct Authority, the Financial Services Compensation Scheme and the Financial Ombudsman Service rather than those of the Solicitors Regulation Authority.
If during this transaction you need advice on investments, we may have to refer you to someone who is authorised by the Financial Conduct Authority, as we are not. However, as we are regulated by The Solicitors Regulation Authority, we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you.
This firm is not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by The Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.gov.uk/register
You may terminate your instructions to us in writing at any time but we will be entitled to keep all of your papers and documents while there is money owing to us for our charges and expenses. If at any stage you do not wish us to continue doing work and/or incurring charges and expenses on your behalf, you must tell us this clearly in writing.
14. Limited Companies
When accepting instructions to act on behalf of a limited company, we will require a director and/or controlling shareholder to sign this Terms of Business in respect of the charges and expenses of this firm. If such a request is refused, we will be entitled to stop acting and to require immediate payment of our charges on an hourly basis and expenses as set out earlier. By doing this you are making yourself personally responsible for this firm’s charges and expenses.
15. Limitation of Liability
15.1 This clause may not be varied except in writing and signed by a partner. We believe the limitations on our liability as set out in this section are reasonable amounts having regard to the availability and cost of professional indemnity insurance and possible changes in its availability and costs. We are, however, happy to discuss this limit with you if you consider it insufficient for your purposes and will investigate options for providing further cover, at extra cost.
15.2.1 We will perform the engagement with reasonable skill and care and acknowledge that we will be liable to you for losses, damages, costs or expenses (“losses”) caused by our breach of contract, negligence or wilful default, subject to the following provisions.
15.2.2 We will not be so liable if such losses are due to the provision of false, misleading or incomplete information or documentation or due to the acts or omissions of any person other than us, except where, on the basis of the enquiries normally undertaken by solicitors within the scope of these terms of engagement, it would have been reasonable for the solicitor to discover such defects;
15.2.3 We accept liability without limit for the consequences of fraud by any partner, or employee within the course of practice and for any other liability, which we are not permitted by law or rules of professional conduct to limit or exclude. If any part of these Terms of Business which seeks to exclude, limit or restrict liability (including, but not limited to, provisions as to amount or time limits) is found by a Court to be void or ineffective on the grounds that it is unreasonable or does not accord with any professional obligation, the remaining provisions shall continue to be effective.
15.2.4 Subject to the previous paragraph (1.2.3), the total aggregate liability of WBW Solicitors, its partners and employees, including damages, costs, and interest, before or after judgment, whether in contract, tort (including negligence), breach of confidence, liability to account, breach of trust or fiduciary duty or of the data protection legislation or otherwise, to you and anyone claiming through you arising from or in connection with the work which is the subject of these terms (including any addition or variation to the work), shall not exceed £3 million.
15.3 You agree that you will not bring any claims or proceedings against our individual partners, or employees. This clause shall not operate so as to exclude any liability which a partner, or employee is not permitted by law or rules of professional conduct to limit or exclude. This clause is intended to benefit such partners, and employees who may enforce this clause pursuant to the Contracts (Rights of Third Parties) Act 1999 (the “Act”). Notwithstanding any benefits or rights conferred by this agreement on any third party by virtue of the Act, the parties to this agreement may agree to vary or rescind this agreement without any third party’s consent. Other than as expressly provided in these terms, the provisions of the Act are excluded.
15.4 Proceedings in respect of any claims must be commenced within 3 years after you first had (or ought reasonably to have had) both the knowledge for bringing an action for damages and the knowledge that you had a right to bring such an action and in any event no later than 6 years after any alleged breach of contract, negligence or other cause of action. This provision expressly overrides any statutory provision which would otherwise apply; it will not increase the time within which proceedings may be commenced and may reduce it.
15.5.1 If we are liable to you either jointly or jointly and severally with any other party we shall only be liable to pay you the portion which is found to be fair and reasonable due to our fault. We shall not be liable to pay you the portion which is due to the fault of another party.
15.5.2 Any sum due from us to you shall be reduced by the proportion for which another party would have been found liable if either:
a) you had also brought proceedings or made a claim against them or
b) we had brought proceedings or made a claim against them under the Civil Liability (Contribution) Act 1978 or any similar enactment under any other relevant jurisdiction.
15.6 You agree not to make our work available to third parties without our written permission and we accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
15.7 These limits on our liability shall apply to work done under these Terms of Business and any future work unless we agree different terms with you.
16. Tax Advice
Any work that we do for you may involve tax implications or necessitate the consideration of tax planning strategies. We may not be qualified to advise you on the tax implications of a transaction that you instruct us to carry out, or the likelihood of them arising. If you have any concerns in this respect, please raise them with us immediately. If we can undertake the research necessary to resolve the issue, we will do so and advise you accordingly. If we cannot, we may be able to identify a source of assistance for you. We do not agree to notify you of any change in law or the practice of the Revenue which may require a change of, for example, your Will. It is your responsibility to review such a document regularly.
17. Identity and Disclosure Requirements
We are under a statutory duty to verify the identity of all the clients that we act for and we must do so before we are able to move forward on this transaction.
If you have been asked to complete one of our client identification forms, can you please do this as fully as you can and return it to us? We also need to see your original Driving Licence or Passport and proof of address such as a bank/credit card statement, a recent utility bill (not more than three months old) and a Council tax bill so that we can take copies of the original documents. We will not be able to rely on copies that you take yourself – we must see the originals.
We appreciate that there are situations where you may be unable to come into one of our offices or let us copy this identification. If you do not live locally and are not able to come into our offices, we still need you to provide us with identification but this will need to be certified by another regulated professional. This includes solicitors, accountants, mortgage/financial advisors and bank or building society officials. You must therefore take your original passport or photo card drivers’ licence and your proof of address. The regulated professional that you see must take a copy of your documentation, certify this with the words “certified as a true copy (and likeness) of the original seen by me” and then underneath sign and date, print their full name, occupation, address and telephone number. They must also stamp the documentation with their own stamps where possible. These certified copies of your proof of identify and address can then be returned to us and we will be able to rely on the same if all is in order.
18. Money Laundering Regulations and Proceeds of Crime Act 2002
18.1 We have a duty to report any financial transactions which we regard as suspicious. It is important that you are aware of this.
If the matter you are instructing us on involves the movement of money or other property through this firm directly or through another party we have to be satisfied that the relevant transaction is legitimate. This is a legal requirement and it may be necessary for us to ask you a series of questions touching upon your own identity, place of residence and the source of any relevant funds. We are sorry that we have to undertake this level of enquiry but we do not have a choice. We are obliged by law to follow certain procedures and we do hope you will understand this. We subscribe to an on-line ID verification service and to enable us to confirm your identity, please provide us with a copy of your driving licence and/or passport, together with a copy of a utility bill in your name. If you require your original documents to be copied, we are happy to do this for you at reception. There is a charge where online identity verification is required. This charge is £5.00 per person plus VAT. We will use this service, for your convenience, unless you tell us otherwise.
If you are an existing client and we have already established your identity and address we may not require any further evidence.
The Proceeds of Crime Act 2002 (“The Act”) creates a number of offences relating to the proceeds of crime which you should be aware of when you instruct us. The proceeds of crime are any monies/property/assets which have arisen as a result of any crime. These include, for example, monies (however low in value), saved as a result of tax evasion or benefit fraud, whether that money has been saved or spent.
18.2 If we become aware or suspect the existence of the proceeds of crime in your case (whether from you or from any other person), we may have to report the irregularity to the Serious Organised Crime Agency (SOCA). SOCA may withhold permission for us to continue with the case. SOCA can pass the information received to any relevant body such as HM Revenue and Customs and an investigation may take place at any time in the future.
18.3 It follows from the above that if you have any concerns about irregularities in your financial position you may wish to seek specialist accountancy or welfare benefits advice to correct those irregularities. We strongly recommend that you do this before proceeding further. Please note that accountants are also required to comply with the provisions of the Act.
18.4 It is important that you are aware that we may have a legal duty under the Act to report known or suspicious circumstances without telling you. This could have serious consequences for you. In rare situations you could find that you then become subject to an HM Revenue and Customs investigation or benefits investigation and/or criminal proceedings.
18.5 The obligations which we have under this Act can, in certain instances, override the duty of solicitor/client confidentiality.
18.6 Circumstances may arise where we have to approach you to seek your permission to report certain matters to SOCA. For instance we may take the view that by proceeding further with your case (without permission from SOCA) we may be assisting in the commission of a money laundering offence. In the event that you refuse such permission we reserve the right to terminate your instructions and if we do so in these circumstances you will be liable for all our fees and expenses incurred up to the date of such termination.
18.7 We will not be liable to you for any losses arising out of our statutory reporting obligations under the Act. The limitation of our liability to you under this paragraph will only apply if we have acted (in terms of such reporting obligations) in accordance with the requirements of the Act and any anti-money laundering guidance published from time to time by the Law Society.
18.8 Data Protection in Respect of Money Laundering Checks – We may receive personal data from you for the purposes of our money laundering checks, such as a copy of your passport. These will be processed only for the purposes of preventing money laundering and terrorist financing, or as otherwise permitted by law or with your express consent. You consent to us retaining such data for longer than the five-year statutory period, unless you tell us otherwise.
19. Quality Standards
In order to secure accreditation to, and to maintain our quality standards such as Lexcel, Legal Aid Franchise and IIP, we need to allow external auditors to inspect certain files. This could mean that your file is selected for checking, in which case we would need your consent for inspection to occur. All inspections are, of course, conducted in confidence. If you prefer to withhold consent, work on your file will not be affected in any way. We will also assume, unless you indicate otherwise, that consent on this occasion will extend to all future matters which we conduct on your behalf. Please do not hesitate to contact us if we can explain this matter further. Please ensure to complete the Authorities section at the end of this document.
20. Our Commitment to you
• REPRESENT your interests and keep your business confidential
• EXPLAIN to you the legal work which may be required and the prospects of a successful outcome
• MAKE SURE that you understand the likely degree of financial risk which you will be taking on
• ADVISE YOU on tax matters, but only if specifically requested to do so
• KEEP YOU regularly informed of progress or, if there is none, when you are next likely to hear from us
• TRY to avoid using technical legal language when writing to you – tell us when we fail in this aim!
• DEAL with your queries promptly, for example we will always try to return your telephone calls on the same day.
21. Communication between you and us
Our aim is to offer all our clients an efficient and effective service at all times. Our clients are of first importance to us. We hope that you will be pleased with the work we do for you. Should there be any aspect of our service with which you are unhappy, please tell me. If we are unable to resolve the matter, you may refer to Mrs Jane Couch the Client Care Partner at Church House, Queen Street, Newton Abbot TQ12 2QP, telephone 01626 202404. The firm does have its own internal complaints procedure and a copy of that procedure is available on request.
We will aim to communicate with you by such a method as you may request. We may need to virus check discs or email. By signing these terms and conditions you are providing your consent to allow us to communicate with others when appropriate by email or fax but we cannot be responsible for the security of correspondence and documents sent by email or fax. There are dangers when communicating by these methods that they are less secure than traditional written correspondence.
We may, from time to time, use these details to send you information which we think might be of interest to you. We can assure you that we will deal with your information in accordance with our legal obligations under the Data Protection Act.
Information may be shared with the police or fraud prevention and detection agencies, and any other agencies as required by law, such as the Audit Commission under the National Fraud Initiative.
For consumer contracts where we carry out work for you at a distance and where we have not met face to face, you have a right to withdraw your instructions, without any charge, by giving us a notice in writing or by email at any time within 7 working days from instructing us. This does not apply if we start work within this period and you do hereby consent to our starting work right away.
22. Severance and Governing Law
Should any of the terms of business be held to be invalid, the remainder will continue with full force and effect. These terms of business shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of our engagement or these terms shall be the exclusive jurisdiction of the English courts.
23. Foreign Law
Please note that this firm is not able to give advice on matters governed by foreign law and the firm will, in no circumstances, be deemed to have done so.
24. Certainty UK
Certainty UK is an organisation endorsed by the Law Society that enables Solicitors and members of the Society for Trusts and Estates Practitioners (STEP) to register the location of their clients’ Wills.
If we are holding a Will on your behalf we can register its location on the Certainty UK register to ensure that your executors and beneficiaries are able to locate your current Will when it is required. No further details such as the names of your beneficiaries are added to the register so your privacy is respected.
We shall automatically register any new Will we create for you on the Certainty UK National Will Register. If you do not wish us to do so, please tick the box at the end of our terms of business. We shall be happy to supply further information and address any queries you may wish to raise in relation to this matter.
25. Instructions to proceed and to create a business agreement
If you have any query over this letter, please do not hesitate to raise it with me. We reserve the right to say that you are a client of this firm and to refer in the media to the fact and conclusion of your legal matter. Any such announcement will be conducted by us strictly in accordance with professional standards and guidelines.
26. Terms and Conditions of Business
Unless otherwise agreed, and subject to the application of then current hourly rates, these Terms and Conditions of Business shall apply to any future instructions given by you to this firm.
Although your continuing instructions in this matter will amount to an acceptance of these Terms and Conditions of Business, it may not be possible for us to start work on your behalf until one copy of them has been signed and returned to us to keep on our file.
27. Professional Indemnity Insurance
Details of the firm’s professional indemnity insurance are available in all offices.
28. Data Protection
A copy of the WBW Solicitors Privacy Notice can be found at www.wbw.co.uk You can request a paper copy by writing to: Mr S Bulman, Data Manager, WBW Solicitors LLP, Church House, Newton Abbot, TQ12 2QP.
We use the information you provide primarily for the provision of legal services to you and for related purposes including:
• updating and enhancing client records
• analysis to help us manage our practice
• statutory returns
• legal and regulatory compliance
Our use of that information is subject to your instructions, data protection law and our duty of confidentiality.
Please note that our work for you may require us to pass on such information to third parties such as expert witnesses and other professional advisers, including sometimes advisers appointed by another party to your matter. We may also give such information to others who perform services for us, such as typing or photocopying. Our practice may be audited or checked by our accountants or our regulator, or by other organisations. We do not normally copy such information to anyone outside the European Economic Area, however we may do so however when the particular circumstances of your matter so require. All such third parties are required to maintain confidentiality in relation to your files.
You have a right of access under data protection law to the personal data that we hold about you. We seek to keep that personal data correct and up to date. You should let us know if you believe the information we hold about you needs to be corrected or updated.
29. Data Protection – Your Obligations
If you send us personal data about anyone other than yourself you will ensure you have any appropriate consents and notices in place to enable you to transfer that personal data to us, and so that we may use it for the purposes for which you provide it to us.
30. Unclaimed client monies
After one-year, unclaimed client monies up to the sum of £50 (such as cheques not presented at a bank or building society) will be donated to Rowcroft Hospice.
PLEASE BE AWARE OF CYBERCRIME: WBW SOLICITORS CANNOT TAKE RESPONSIBILITY IF YOU TRANSFER MONEY TO A WRONG BANK ACCOUNT. WE WILL NOT SEND OUR BANK ACCOUNT DETAILS BY EMAIL OR ACT ON EMAILED BANK DETAILS. IF YOU RECEIVE AN EMAIL FROM US REQUESTING YOUR BANK DETAILS, PLEASE CONTACT US IMMEDIATELY TO CLARIFY.