terms of business 

This document sets out our terms of business and the basis upon which we calculate fees. Please read it carefully. If you have any queries, please raise them with us as soon as possible. All instructions which we accept incorporate these terms and conditions.

Instructions
Wherever possible we aim to ensure that our instructions are received or confirmed by us in writing. We will assume that whoever gives such instructions has authority to do so. To enable us to represent your interests properly, it is most important that you provide us with all relevant information, and that you keep us informed of any changes in that information.

Standard of Service
We aim to ensure that each matter on which we are instructed is dealt with by those with the right level and area of expertise. While we reserve the right to allocate work in a way which meets this objective, where possible we will take account of your preferences. We aim to provide you with a cost effective quality service. More particularly, we aim to answer letters within three working days and to return telephone calls the same day (unless the nature of the work plainly demands a faster service), to keep you informed on the progress of your matter, and to let you know of any unexpected delays or changes in the character of the work being undertaken.

Confidentiality
Information of a confidential nature which you provide to us will be kept strictly confidential. However, if we are working on a matter in conjunction with your other advisers we will assume, unless you notify us otherwise, that we may disclose any such information to and discuss it with them when we think it necessary.

Your Solicitor
One of the Partners (your 'Client Partner') will be responsible to you for work done throughout the firm. As well as keeping an eye on the various matters being handled for you, your Client Partner will contact you when necessary and will allocate new matters to the right department and/or person within the firm.

Client Care Policy
We strive to provide a quality service to all clients. If you are concerned about any aspect of the service we provide which you are unable to resolve with the person dealing with the work, please contact your client partner about it. Further details of our Client Care Policy including our Complaints Procedure can be obtained on request from your Client partner or Mr Ian Winterbone who is our Complaints Partner. All investment complaints should be directed to Ian Reed.

Quality Standards
We have attained ISO 9001 and Investors in People accreditation. As a result of these standards we are or may become subject to periodic checks by outside assessors. This could mean that your file is selected for checking. All inspections are of course conducted in confidence. If you would prefer specifically to withhold consent, work on your file will not be affected in any way. Since very few of our clients do object to this we will assume that we have your consent unless you notify us to the contrary. We will assume unless you indicate otherwise that your consent will extend to all future matters which we conduct on your behalf. If you would like us to mark your file as not to be inspected, or you would like further explanation, please contact your Client Partner.

Duration of Instructions
Both you and we may bring instructions to an end at any time, but we will not normally do so unless a conflict of interest arises or we consider that it would not be in your best interests for the firm to continue to represent you. If instructions are terminated, you will be liable only for fees and disbursements incurred to the date of termination, together with any fees and disbursements for work necessary for the transfer of the matter (with your written authority) to another adviser of your choice.

Papers and Documents
Once our fees and any other sums due have been paid at the end of a matter we will return to you, if you so request, any documents lent to us by you for the purposes of the matter. Our working papers, draft documents and copies of all letters sent by us will be our property. We store most files of completed matters for a minimum period of six years, and reserve the right to destroy these without further reference to you at the end of that period. We will normally store deeds and documents for our clients free of charge.

Personal Details
When we receive your instructions, to keep our client records accurate, we enter certain information about you on our computer including (for example) your occupation. We are registered under the provisions of the Data Protection Act 1998. Please notify us promptly of any change of address, name or status, so that we can keep our records up to date.

Clients' Money
Money which we receive from you to be applied on your behalf will be held by us in a separate client bank account or if we consider it appropriate a separate designated account which will be subject to the strict provisions of the Solicitors' Accounts Rules. Deposit interest (other than de minimis amounts) will be paid with or without deduction of tax according to Inland Revenue requirements. We will tell you whether the interest you receive is gross or net of tax. It will be your responsibility to declare sums so received for tax purposes.

Clearance of Funds
The Solicitors' Accounts Rules require us to hold cleared funds in our client account before we can make a payment out for you. Four working days must be allowed for clearance of any cheques deposited with us by you, or by anyone on your behalf. In many cases it will be both cheaper and more convenient for you to arrange for funds to be sent to us by telegraphic transfer which are treated as cleared funds and we will advise you when this is appropriate.

Investment Management 
Where you agree to place your investment business with our investment management service, separate terms of business will be issued to you. In other cases we use independent intermediaries who are themselves fully authorised and regulated by their own professional or regulatory body. In such cases any financial or investment advice given to clients of this firm will be the advice of the independent intermediary concerned, and not the advice of this firm.

Incidental Investment Business 
The services we provide are regulated by the Law Society. This includes any investment business which arises out of, and is complementary to, your instructions and which is incidental to the legal work. Complaints about any such incidental investment business should be referred to your client partner as above. 

If the complaint is outside the scope of our legal complaints procedure, it will be referred to our Financial Services Compliance Officer. Within 5 days of our receiving your complaint, he will write to acknowledge it and will tell you about the procedure for dealing with it. 

Liability arising from incidental investment business is covered by the professional indemnity insurance which we are required by the Law Society to maintain. 

Commission Received
We will inform you of any commission (other than de minimis amounts) that we receive from brokers, insurance companies or others as a result of acting for you. Any such commission will be credited to you (unless we have your consent to retain it). It will be set against current fees, or held against future fees, and in some cases it may be passed on to you direct. Different arrangements apply to dealing charges made through our investment management service.

Fees
How we calculate our fees
Our fees are calculated mainly by reference to the time spent working for you. Different hourly rates may be charged for different types of work, and according to the seniority of the person who handles it for you. The person responsible for the day to day handling of your work will be able to give an approximate indication of the amount of fees incurred at any given time, and discuss any other factors which may affect the final fee. All time spent progressing your file is recorded including for instance:

• Advising you in meetings and on the telephone
• Negotiating with others on your behalf in meetings, by letter and by telephone
• Considering, drafting and completing documents, deeds etc.
• Preparing for court or tribunal hearings, including travelling and waiting time
• Instructing third parties on your behalf
• Legal and factual research

The charge for our time includes the normal and reasonable cost of using other resources such as telephones, photocopiers, facsimiles etc. There may, however, be other factors which will increase our charges such as exceptional urgency, value, complexity or the need to work unsocial hours.

Payments made on your behalf (Disbursements)
In addition to our fees, your total costs may include payments which we make to third parties on your behalf as work progresses (court fees and search fees, for example). Where these disbursements exceed £20.00 in total, we shall ask you to reimburse us as and when we pay them. It is our policy to call for money on account of counsel's fees (paid to Barristers for specialist advice) and other substantial expenses before they are incurred unless the expenditure is covered by Legal Aid. It will help your matter if you respond quickly to any such request as delay in providing funds may result in delay in dealing with the matter for you.

VAT
In most cases VAT will be payable on our fees (and on some disbursements as well).

Payments on account
We may ask you to pay an amount on account of our fees at the start and/or during the life of the matter, and all such, payments will be taken into account when, our invoices are rendered.

Estimates
Where it is possible to do so, we will give you an estimate of our likely fees based on the information available to us at the time. If subsequently you ask us to undertake additional work, or you alter earlier instructions, this will almost certainly increase the time taken and therefore our fees.

Bill frequency
If the matter is substantial and runs for some time, we reserve the right to issue interim invoices at three-monthly intervals or when unbilled chargeable time exceeds £500.00 in value.

Payment terms
Our invoices are due for payment within one month of delivery. If an invoice remains unpaid after one month, we reserve the right to charge interest at the rate payable on judgement debts from one month after the delivery of our invoice until payment is made. Our invoices are endorsed with information about your rights, under the Solicitors' (Non-Contentious Business) Remuneration Order 1994, to obtain a remuneration certificate in respect of our fees and/or to apply to the court for an order that our invoice should be taxed. It is our policy to recover amounts due to us from money in hand, whether the proceeds of a sale, sums recovered in litigation or otherwise (and whether the money is held for the purposes of the matter to which the bill relates or another matter). Please note that we reserve the right to suspend or terminate work done for you on any current matter if payment of any invoice due is not made within our payment terms. If you have a problem with paying an invoice, please raise it with us immediately rather than leave it to become a source of misunderstanding or embarrassment.

Please note that we are able to accept payment of our invoices by credit card (provided that the invoice concerned is paid within one month of delivery).

Separate Charging Arrangements
We have separate charging arrangements for certain types of work, as follows:

Residential conveyancing
Our fees normally relate to the property price, and we will supply details on request. We expect settlement of our invoice on completion of the sale and/or purchase.

Litigation: clients paying privately
In litigious matters you will be advised as to the prospects of success of your action and whether you are likely to achieve a court order for the other party to contribute towards your legal costs.

It is important to be aware that this firm is employed by you and that you are personally responsible for the payment of our fees regardless of any order for costs made against opponents. In addition, if your case is unsuccessful, you will probably have to pay your opponent's costs as well as your own.
If you are successful in your case and the other party agrees or is ordered to pay your costs, there are circumstances in which you will still have to pay some or all of our fees, including for example:

• Where the other party does not pay in full, promptly or at all.

• Where the court orders the other party to pay you less than our full fees, leaving a balance which you will need to pay to settle our account.

• Where the other person's contribution cannot be recovered, for instance where they are incapable of paying or are Legally Aided.
If we enter into a conditional fee agreement with you separate terms will apply and we shall supply details when applicable.

Debt collection
Our Outstanding debt recovery service has a separate charging structure, and we will supply details on request.

Ashton Graham
Waterfront House
Wherry Quay
Ipswich
Suffolk
IP4 1AS

lawyers@ashtongraham.co.uk

VAT number: 102182622

The services of Ashton Graham are provided by solicitors of England and Wales, regulated by the Solicitors Regulation Authority.
The Solicitors Regulation Authority's rules can be accessed at: www.guide.lawsociety.org.uk