Commissioner for OathsThe Legal Supermarket
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Solicitor Charges
Our Solicitor Charges
We will tell you of the fee structure that we are applying to your matter at the start. We record all time spent on a matter and, where we have not agreed another fee structure with you, we will charge you on an hourly basis using this record to calculate your fees.
Time spent on a matter includes:
- Attending meetings, negotiations, and Court hearings plus travel time;
- Reading, writing and working on documents;
- Making and responding to telephone calls, emails, faxes and letters;
- Preparation of fees estimates, schedules and bills
We review the rates at which each person charges their time on 1st May of each year. If we change the rates applying to your matter we will tell you about the change, and the new rate, in writing. The new rate applies from the date of that letter. If your instructions mean we have to work outside normal office hours, we may increase our rates. We will tell you in writing of any increases.
If we have agreed a fixed fee then this will be for specific items of work as set out in our letters. If we have to do work outside our agreement or the work needed by your case changes we will charge for our time in doing extra work at the rates we have told you of.
You may have to pay other charges in addition to our professional fees. These might include court fees; fees for barristers, experts, surveyors, or other professionals; or Land Registry charges. We will normally ask for a payment on account of these charges from you in advance and will pay these on your behalf provided we have funds available to do so. We may also ask you to pay monies on account in advance of our expected fees. The sum we ask you for on account is not an estimate of the total expected cost of your work.
We will give you an estimate of the fees you can expect to pay where possible. We will advise you in writing of any changes to the fees estimate promptly. An estimate of our fees is a best guess at what the matter will cost you based on a brief review of your situation and our experience. If something unexpected happens or your matter is more complex than was obvious on an initial review then our fees may exceed the initial estimate.
In certain cases someone else may pay our fees but you should be aware that you are always finally liable for our fees in performing your legal work.
VAT will be charged at the rate which was in force at the time the fee or charge was incurred. For our professional fees this will be the date that our invoice is sent.
You may have to pay the fees of another party if you have agreed or the Court has ordered you to do so. If this possibility arises then we will make this clear to you in writing. We will advise you if your funding method protects you against the payment of fees to another party. We will not pay these fees on your behalf unless you have provided us with the funds to do so. Failure to provide these funds promptly may lead to the Court dismissing your case or us refusing to do further work for you.
Bills:
The following will be excluded from the complaints procedure:-
a) The firm is seeking an order restraining the client from committing an act or compelling the client to do an act;
b) A judgement award for a liquid sum where there is no arguable defence;
c) The enforcement of an agreement order or award.
Interest Payable
We may charge you interest on unpaid bills at a rate of 8% per year, from one month after the delivery of our bill. We calculate the interest daily from the date the invoice was due until the date you pay it. If you do not pay our invoices on time we may refuse to continue working for you until you pay any outstanding sums. If you end your relationship with us, we may refuse to release your file or other papers to you until you pay our outstanding invoices. If we are holding any money in our client account that is owed to you then we may use this money to pay any of our outstanding invoices. We may do this even if we hold that money for a different matter. If we are jointly instructed by more than one client then all clients are responsible jointly for our fees and charges.
Regulation Affecting Your Cancellation Rights – The Consumer Contracts Information, Cancellation and Additional Charges Regulation 2013)
If we have not met you either in person (because for example, instructions and signing of the contact documentation is taking place by telephone/mail email or on line- i.e.: by way of a “distance” contract) or we have taken instructions and a contract has been concluded away from our business premises (because for example, we met you at home- i.e. “off premises” contract) and the contract was entered into on or after 14th June 2013, you have the right to cancel your instructions without any cost to you within 14 calendar days of entering into the contract.
A “Notice of Right to Cancel” must be forwarded to us. Should you want us to commence work within the 14 calendar day cancellation period, you must provide your agreement to that in writing by email, post or fax, to enable us to do so. Where you have provided explicit consent for work to commence within the 14 calendar day cancellation period and you later exercise your right to cancel, you will liable for any costs, VAT and you later exercise your right to cancel you will be liable for any costs, VAT and disbursements incurred up to point of cancellation. Unless you make an express request for us to commence work within the 14 day period, we will not be able to undertake any work during that period.
Financial Services Compensation Scheme (FSCS)
In the event of banking failure it is unlikely that the firm would be held liable for any losses of client account money.
We currently hold our client account fund with; Barclays Bank, Palmers Green Branch, Aldermans Hill. The £75,000 Financial Services Compensation Scheme (FSCS) will apply to each individual client so if you hold other personal monies yourself in the same bank as our client account, the limit remain £75,000 in total, so it may be advisable to check with our own bank as some banks now trade under different trading names. However, with effect from 3rd July 2015, the FSCS will provide a £1 million protection limit for a temporary high balances held with a bank, building society or credit union fails. Further details relating to what constitutes a temporary high balance and rules relating to the protection can be found at www.fscs.org.uk In the event of a bank failure you agree to us disclosing details to the FSCS.
Consumer Protection Regulations (CPR)
The Consumer Protection from Unfair Trading Regulations (as amended) regulate transaction between traders and consumers and prohibit trading practices that amount to unfair commercial practices and misleading acts and omissions. Neither you the client, or us your legal representative, must mislead a buyer or tenant either by providing incorrect or ambiguous information or by omitting to provide material information about the property you are selling.
Certain information will be revealed through searches and other enquiries of public databases, surveys and valuation reports. However, you must disclose to Malcolm & Co Solicitors LLP any known defects and other material adverse matters relating to the property known to you and failure to do so may mean that, in certain circumstances, the buyer or tenant would have rights of redress against you. We encourage you to make all known disclosures as early in the transaction as possible to prevent delays.
If Malcom & Co Solicitors LLP become aware of any such existence of material information, and you decline to authorise disclosure to the buyer or tenant, then Malcolm & Co Solicitors LLP would have to consider whether it was possible to continue to act for you as the CPR’s impose a duty to act fairly towards you as our client and also towards third parties, especially that are unrepresented.
MALCOLM & CO SOLICITORS LLP - FEE STRUCTUREALL DEPARTMENTS
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Routine Letters/Telephone Calls/Text Messages/Emails:
£25.00, £30.00 & £15 respectively considering the individual rates above.Long Letters and Telephone Calls are charged by reference to the time taken.
Travel & Waiting:
Charged at a flat rate of £100 per hour plus travelling cost.
Mileage charged at £0.80p per mile
Looking for a trustworthy, professional law firm in East London? Contact Malcolm & Co today.
Solicitors: 020 7613 4300
Sales & Lettings: 020 7739 3700
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