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Terms Of Business Print E-mail

Our Work For You

You will be told the name of the person responsible for your matter and everything you tell us about your affairs is confidential. We will keep you informed of developments in your case and will always provide further information on request.

We aim to offer all our clients an efficient and effective service and are confident that we will do so in your case. However, should there be any aspect of our service with which you are unhappy please raise it with Peter Madden

Our Fees

Addison Madden's fees are usually calculated by reference to the time actually spent on your case by the person dealing with it together with the expenses or disbursements we incur on your behalf. Details of the way in which you will be charged are set out overleaf.

Our hourly charging rates are reviewed on 1st June and 1st December and we try to ensure that we are competitive with others providing the same level of service.

If possible, you will be given an estimate or budget of the likely cost of the work which we are doing for you. This is not always possible.

In conveyancing and certain other cases we may give you a written estimate specifically expressed to replace our normal charging basis. If we give you an estimate it is based on the information we have at the time and we will inform you if any difficulties arise or if anything occurs which makes it necessary to revise the estimate.

In the event that you are successful in a litigation matter it may be that you will be entitled to reimbursement of our fees by some other party. However, it is rare for the system of "taxation" of costs, as it is known, to result in the other party having to pay anything like the full amount of your expenses. Further, the other party may be unable to reimburse you. You remain liable to pay the full amount of our bill even though another party may be ordered to reimburse you with part or the whole of it. This is a complex subject which we are happy to explain further if you wish.

If you do not succeed in your case then you may be ordered by the Court to contribute towards your opponents costs. This is possible even if you are in receipt of Legal Aid and your own costs are being met by the Legal Aid Board.

If you wish, you may place an upper limit on the amount of fees for which you will be personally liable. In that case we will notify you if that upper limit is reached so that you can determine whether further work should be done.

In all matters we will consider with you whether the likely outcome of the matter will justify the expense or risk involved.

We shall normally render accounts at 3 monthly intervals during the course of our work and at the end of the transaction and it is helpful if these can be paid promptly. In addition you will be asked to pay in advance for Counsel's fees, Expert's fees and other disbursements which are to be incurred on your behalf.

Payments on Account

We may ask for a payment on account of our fees and for expenses to be made at the beginning of our retainer, monthly, or in instalments throughout the case. You will understand that we may wish to ask you to pay further sums on account as each payment is used up.

Responsibility for Fees

Unless otherwise agreed in writing, you will be personally responsible for the settlement of our account and VAT and for reimbursing any expenses we incur on your behalf.

Directors of a company which instructs us may be asked to be personally responsible for the payment of our accounts so that we are then happy to advise at all stages of a Company's transactions notwithstanding that we may know that the Company is in financial difficulties.

If you are Legally Aided you are responsible for our fees, VAT and expenses before your certificate is issued and after it is discharged. If at the end of the day you are successful and we recover or preserve money or property for you the Legal Aid Board may require that some or all of your legal fees be deducted from this. How much is deducted will depend on what your opponent pays towards your costs, this is rarely the full amount. The deduction is called the statutory charge.

In the event of any account or instalments on account of our fees not being paid we reserve the right to decline to act any further in relation to any or all matters we are dealing with for you until payment is made.

If we are asked to give an undertaking on your behalf we are entitled to require you to make a deposit of funds with us or give other security.

Payment Terms

Unless otherwise agreed payment of each of our bills is due within thirty days of its date. If the bill is not paid in full within that time it is agreed that we may charge interest from the due date on the amount unpaid at the rate of 5% per annum above the National Westminster Bank base rate from time to time. It is also agreed that we may retain any deeds and documents belonging to you until payment has been made and that we may apply money held on your behalf towards payment of any outstanding bills.

In conveyancing and certain other cases, payment of our bill will be due at completion and may be deducted from any funds in hand.

Monies Held

In appropriate cases and subject to minimum sums and periods, we will at our discretion deposit monies held with the National Westminster Bank plc or, where appropriate, with a Building Society in a nominee account and account to you for the interest, less in respect of each amount of interest the sum of £25. Interest can be applied towards settlement of fees.

Commissions

If we arrange insurance policies or pension schemes for you or deal with annual renewal of those arrangements or arrange investment transactions we normally receive a commission from the Insurance Company or other organisation concerned. The basis for commission is a percentage (which varies from case to case) of the premium or of the value of the transaction. It is a term of our accepting and continuing to accept instructions that we retain these commissions.

Financial Services Act

Some aspects of our work require us to be authorised under the Financial Services Act and we confirm that we hold a current investment business certificate from the Law Society.

Generally

We work hard to give a service which is both of good quality and efficient. We may need to demonstrate our maintenance of certain standards set by appropriate authorities. Unless you notify us otherwise we will assume that we have your authority to produce your file for that purpose only, as an exception to our undertaking as to confidentiality.

Legal Costs and How they are Calculated

Solicitors carry out many different types of work. Some work can be expected to be conducted along fairly established routines and it is possible to estimate the fees with some degree of accuracy.

Other work may be contentious or non-contentious, and in either case it may simply be impossible to make any estimate of what fees will be incurred. At least with any real degree of precision. At the outset of a matter neither we nor you will know the factors needed to be taken into account - for example whether the other party to the transaction will agree, if so how speedily, and on what terms. Also we may need to consider what documentation is necessary.

Accordingly, the way in which Solicitors' costs should be calculated has been determined by Parliament, by the Solicitors' Remuneration Order 1972.

Clause 2 of the Order provides that:
A Solicitor's remuneration for non-contentious business (including business under the Land Registration Act 1925) shall be such sum as may be fair and reasonable having regard to all the circumstances of the case and in particular to: 

 

    the complexity of the matter or the difficulty or novelty of the questions raised;
    the skill, labour, specialised knowledge and responsibility involved;
    the time spent on the business;
    the number and importance of the documents prepared or perused, without regard to length;
    the place where and the circumstances in which the business or any part thereof is transacted;
    the amount or value of any money or property involved;
    whether any land involved is registered land within the meaning of the Land Registration Act 1925; and
    the importance of the matter to the client

The Order also provides that a client may require the Solicitor to obtain a Certificate from the Law Society stating that in its opinion the sum charged is fair and reasonable. This certification procedure is in addition to the right of a client to require a bill to be "taxed" means "examined by the High Court". Clients are therefore given special statutory protection which does not apply in the case of other professional advisors. Solicitors are obliged by law to see that their charges are fair and reasonable.

Obviously in most cases the time which is spent is an important part of the charge. Great care is taken to ensure that your work is dealt with at the right level to ensure cost effectiveness whilst also ensuring that the work is done to the highest possible standard.

 

 

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You Say

Approachable and informative. Addison Madden are committed to providing a professional service.

Sarah, Portsmouth

Contact Us

Addison Madden Solicitors Cumberland Business Centre. Northumberland Road. Southsea
 Hampshire PO5 1DS

 Telephone: 023 9282 7711
 enq@addisonmadden.com
 www.addisonmadden.com

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