This document forms part of your agreement with us and sets out important information about our services. Please read it and keep it in a safe place. If you have any questions, please ask your legal adviser.
1. Our Contract
2. Who we are
3. Service Standards and our relationship with you
7. Data protection and our use of your information
8. Use of Artificial Intelligence
10. Papers and documents – Storage and ownership
11. Intellectual Property rights
12. Duty of care and other advisers
13. Insider lists
16. Economic Crime
17. Exclusions and limitations of liability
19. Clients’ money
21. Early termination of services
22. Client care and complaints
28. Governing Law
29. Severability
30. Definitions
1.1 These Terms of Business apply to the work we carry out for you. They should be read alongside your letter of engagement, which sets out the details of your matter.
1.2 If there is any difference between the two, the letter of engagement will take priority
1.3 Your contract is with Switalskis Solicitors Limited.
2.1 Switalskis Solicitors provides legal services in England and Wales. We are authorised and regulated by the Solicitors Regulation Authority (“SRA”) which is an independent regulatory authority. Our registration number is number 614622. We deliver our services in accordance with the SRA’s Code of Conduct details of which can be found at: https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-firms/
2.2 We practice through our Company, Switalskis Solicitors Limited (a Company registered in England and Wales with registered number 08924632 and VAT number 591 0298 34 whose registered office is at Floor 9 West Village, 114 Wellington Street, Leeds, LS1 1BA).
2.3 We maintain professional indemnity insurance in accordance with the rules of the Solicitors Regulation Authority. Details of the insurer and the territorial coverage of the policy are available for inspection at our offices.
2.4 These Terms of Business supersede any earlier Terms of Business and will apply to all future matters we undertake for you unless and until varied by us.
2.5 These Terms of Business will take effect:
2.5.1 when you confirm your instructions to us; or
2.5.2 when we begin work on your matter at your request; or
2.5.3 where you continue to instruct us having been provided with these Terms of Business,
whichever occurs first.
2.6 By instructing us or permitting us to commence work, you agree that these Terms of Business and any applicable letter of engagement form the basis of our contract with you.
2.7 These Terms of Business shall apply to all work undertaken for you on the relevant matter and, unless otherwise agreed, to any subsequent matters on which you instruct us.
2.8 Your continuing to instruct us following receipt of these Terms of Business will be taken as acceptance of them.
2.9 Where a translation of these Terms of Business into a language other than English is provided, in the event of there being any dispute as to the interpretation of any Term or Terms then the English language version shall prevail at all times.
3.1 When you instruct us, we will confirm your instructions in writing. We will explain our advice, the steps to be taken, and the work to be carried out at least at the initial stages. We will tell you the likely costs and keep you updated on costs as the matter progresses. We will also tell you the likely timescales involved and notify you of any changes as the matter progresses. You must provide clear instructions and ensure our understanding is correct so that we can advise you properly. We also ask that you help us plan our day by avoiding unnecessary telephone calls and by making appointments. If the matter is urgent, please telephone.
3.2 We hold the Law Society’s Legal Practice Quality Mark, Lexcel, and are also accredited under the Law Society Conveyancing Quality Scheme. We will provide you with the quality of service required under these schemes, as well as meeting the quality standards required by our regulator, the Solicitors Regulation Authority (SRA).
3.3 We aim to keep you regularly informed, be flexible with appointments, review your file regularly, and respond to queries as soon as reasonably possible. Our aim is to respond to calls and emails within 48 hours. Occasionally, because of work commitments, this may not always be possible. Where this happens, we will usually ensure someone contacts you to explain the delay.
3.4 To ensure the continued quality of our services, we undergo annual assessments by an external Lexcel assessor. This helps us to identify how we can improve our services as well as verifying that we meet the high standards required under the Lexcel Legal Practice Quality Mark. Your file may be selected for review by the external assessor as part of this process. The organisations that carry out Lexcel assessments are selected by the Law Society and your personal information will be handled at all times in accordance with the Data Protection Act 2018 and the UK GDPR.
3.5 You must throughout the provision of the services:
3.5.1 promptly provide us with all instructions and information necessary for us to provide the services;
3.5.2 promptly notify us of any changes to information previously provided;
3.5.3 ensure that all information provided to us is complete in all material respects and not misleading;
3.5.4 ensure that the provision of information is not in breach of any Law or contractual obligation;
3.5.5 ensure that you are available to sign documents when required.
3.6 Where we are jointly instructed by you and another client to act in a matter, we will assume that either of you are authorised to give us instructions, unless either of you advise us otherwise. In addition, as matters progress, we may need to act on instructions of other people from whom we consider it is reasonable to take instructions to progress the matter within the timescales set. Unless informed of any change, we will assume that this remains the case until our work is completed.
3.7 We are not responsible for failing to advise or comment on any matter which falls outside the scope of your instructions. Advice given in relation to your instructions is for your benefit only and cannot be relied upon for any other purposes or by any other person without our written consent. We accept no responsibility or liability to any third party.
3.8 We are not under any obligation to advise on matters which are incidental to or may arise from your matter unless specifically agreed in writing.
3.9 It is our aim to maintain a good working relationship with all our clients. We understand our clients may be experiencing stressful times and we will endeavour to support our clients throughout this. Please note, however, that we will not tolerate violence, aggression, abusive and discriminatory behaviours whether verbal, physical or written. If, at any time, a member of staff encounters such behaviours we reserve the right to take immediate action to protect our staff. This may involve imposing restrictions or controls, whether temporary or longer term, on how we engage with you. Violence or threats of violence will also be reported to the police where appropriate. In some circumstances, the firm may determine that we have to cease acting for you and terminate your retainer.
4.1 Please let us know if you have a preferred method of communication, e.g., telephone, email or letter. Unless we hear from you, we will use whatever mode of communication appears appropriate in the circumstances.
4.2 All email messages sent to us, will, if addressed properly arrive on the terminal of the person to whom they are addressed. Please be aware of the following points:
4.2.1 Communication via email carries inherent risks including interception by other parties and late or non-delivery of messages. The safe delivery of email via the internet should not be assumed.
4.2.2 The confidentiality of email cannot be guaranteed.
4.3 Unless you ask us, we shall not be required to encrypt or password-protect any email or attachment sent by us.
4.4 We shall not be responsible for any loss or damage arising from the unauthorised interception, re-direction, copying or reading of emails, including any attachments.
4.5 We shall not be responsible for the effect on any hardware or software (or any loss or damage arising from any such effect) of any emails or attachment which may be transmitted by us (except where this is caused by our negligence or wilful default).
4.6 We will never notify you of a change to our bank details solely by email. You should verify any payment instructions received electronically by telephoning us using independently obtained contact details. We shall not be responsible for losses arising from failure to follow this verification process unless caused by our negligence.
5.1 We take conflict issues seriously. We have procedures in place to ensure that appropriate conflict checks are carried out on every matter as soon as practicable so that, if an issue arises, it can be discussed with you and dealt with as soon as possible.
5.2 The firm has a professional obligation to act in your best interests. We cannot therefore act for one Client in a matter where there is an actual or significant risk of a conflict with the interests of another Client for whom we are already acting or where there is a conflict with our own interests.
5.3 If we are instructed to act adversely to your interests in matters in which you do not instruct us, we will, where appropriate, discuss and agree this with you before acting.
5.4 If you are, or become aware, of any conflict or potential conflict you should contact us immediately.
5.5 Subject to our professional duties, we will always seek to resolve any conflict issues in the most advantageous way to the clients concerned.
5.6 Where professional rules allow, you agree that, after termination of our retainer, we may act or continue to act for another client in circumstances where we hold information which is confidential to you and material to the engagement with that other client. We will not, however, disclose your confidential information to that other client.
6.1 We will keep confidential any information (which may also be subject to your legal professional privilege) which we acquire about your business and affairs. Subject always to ensuring that appropriate safeguards are in place to protect confidentiality, we may from time to time disclose such privileged and/or confidential information and any advice, certificate, report or opinion given by us to you or any third party in connection with your affairs to third parties for the purpose of our business, including but not limited to:
6.1.1 our auditors, external assessors or other advisers;
6.1.2 our insurers for the purposes of our professional indemnity insurance renewal or in order to assist us to comply with the terms of our professional indemnity insurance cover;
6.1.3 external agencies including counsel, law costs draftsmen and outsourced business support services;
6.1.4 in matters funded wholly or in part by legal aid, the Legal Aid Agency;
6.2 If we are acting for you in a property matter involving a mortgage, we have a duty to fully reveal to your Lender all relevant facts about your transaction and mortgage. This includes any differences between your mortgage application and information we receive during the transaction and any cash back payments or discount schemes that a seller is giving you.
6.3 In certain circumstances, such as child welfare or risk of serious harm being caused to someone, whilst ensuring we consider our regulatory duties to you, we may decide to override the duty of confidentiality if we take the view it is necessary to protect you or a third party from serious harm.
6.4 We may be required to disclose such privileged and/or confidential information and any advice, certificate, report or opinion given by us to you or any third party in connection with your affairs, by law or other regulatory authority to which we are subject.
6.5 Should your case go to Court, in certain circumstances the media do have a legal right to attend Court hearings, even hearings which were previously held in private, unless excluded by the Court. The Court has certain limited powers to exclude the media. If at any stage during your case there appears to be any real possibility of the media seeking to attend any hearing in relation to your case, we would discuss this further with you and advise you about it.
6.6 In certain circumstances, it may be necessary to erect an information barrier to protect the confidentiality of client information. If this is required, we will discuss it with you.
6.7 Where possible, we will disclose to you all information which is material to your affairs and business regardless of the source of that information. However, we will not disclose to you any confidential information about the business and affairs of any other existing or former client, or any information which we have a duty of confidentiality to a third party.
6.8 If at any time a third-party requests access to documents held by us or asks to interview us in connection with the services we have provided, we may be required as a matter of law to comply with this request.
6.9 You will be responsible for our fees, disbursements and other charges in dealing with any such request, including the fees, disbursements and other charges involved in identifying relevant documents, attending interviews or making or defending any application in connection with the validity of the request. Disbursements and other charges may include the fees of counsel or of third parties instructed by us in order to advise on issues connected with the request.
7.1 Switalskis is registered as a Data Controller with the Information Commissioner’s Office (ICO Number: ZA013065). We hold and process personal information to enable us to provide legal services including advising and acting on behalf of our clients. We also process personal information in order to maintain our own accounts and records and promote our services.
7.2 Our use of that information is subject to your instructions, the Data Protection Act 2018, the UK GDPR and our duty of confidentiality.
7.3 We will only process personal data, in accordance with applicable law, for the following purposes:
7.3.1 providing the services that we are contracted to perform;
7.3.2 responding to your queries, requests and other communications;
7.3.3 enabling suppliers and service providers to carry out certain functions on our and/or your behalf in order to provide the Services. This may include counsel, experts and others who we need to instruct to assist you with your matter (and we will liaise with you in such circumstances and always take care to ensure that your information remains confidential and safe);
7.3.4 to facilitate webhosting, data storage, identity verification, technical, logistical, courier or other functions, as applicable;
7.3.5 allowing you to use features on our website, when you choose to do so;
7.3.6 sending you information from time to time which we think might be of interest to you. If you do not wish to receive that information please click the ‘unsubscribe’ link on our marketing emails, notify our office in writing, or email our marketing team at marketing@switalskis.com.
7.3.7 ensuring our security and preventing or detecting fraud;
7.3.8 administering our business, including complaints resolution, troubleshooting of our website, data analysis, testing of new features, research, statistical and survey purposes;
7.3.9 developing and improving our Services including internal training;
7.3.10 sharing some or all of your information with the Legal Aid Agency (if you are a client under the legal aid scheme), and our quality assurance auditors
7.3.11 complying with applicable law, including responding to a lawful request from a court, law enforcement agency or regulatory body such as the Legal Ombudsman (should you complain), the Solicitors Regulation Authority and the Information Commissioner.
7.4 The legal basis for our processing of personal data for the purposes described above will typically include:
7.4.1 processing necessary to fulfil our contract of services that we have in place with you or other data subjects;
7.4.2 your consent;
7.4.3 processing necessary for our or a third party’s legitimate interests;
7.4.4 processing necessary for compliance with a legal obligation to which we and/or you are subject.
7.5 You have rights under data protection legislation to the personal data that we hold about you. Our Privacy Policy which is available on our website and can be made available on request contains important information on how and why we collect process and store your personal data. It also explains your rights in relation to your personal data.
7.6 While we take appropriate technical and organisational measures to protect your data, we cannot guarantee absolute security. We shall not be liable for losses arising from cyber incidents beyond our reasonable control, including third-party system failures, except where caused by our negligence.
8.1 We may use carefully selected and approved artificial intelligence tools to support the delivery of our legal services. For example, for document review, summarising transcription, drafting support, research support and administrative tasks.
8.2 Any use of such tools will be subject to appropriate professional oversight. We remain responsible for all advice and services provided to you. Any output generated with the assistance of AI will be reviewed and verified by an appropriately qualified member of our legal team before it is relied upon or incorporated into advice or documentation. AI is used only as a supporting tool and does not replace professional legal judgment. We do not rely on AI-generated outputs without human verification and do not delegate decision-making to AI systems.
8.3 We will not input your confidential information, legally privileged material or personal data into any AI tool unless that tool has been approved by us for professional use and is being used in accordance with our internal policies, confidentiality obligations and applicable data protection law.
8.4 Where AI tools are used in connection with your matter, they will be used only for the purpose of assisting us in delivering our services to you more efficiently and effectively. If you have any concerns regarding our use of AI tools in relation to your matter, please raise them with the person responsible for your matter as soon as possible.
9.1 Except as set out in clause 8.3, information provided by us to you about the firm and/or the provision of our services is confidential to Switalskis Solicitors Limited and/or commercially sensitive under the Freedom of Information Act 2000 (“2000 Act”).
9.2 Similarly, any information generated by you about us may contain confidential and/or commercially sensitive information for the purposes of the 2000 Act. Disclosure of such information to others is likely to amount to a breach of confidence and/or to prejudice your commercial interests or ours.
9.3 Except in exceptional circumstances, we consent to the following being disclosed in response to a request made under the 2000 Act:
9.3.1 these terms;
9.3.2 your annual expenditure on legal services provided by us;
9.3.3 our name as your appointed solicitors or tenderers and our business address;
9.3.4 the name and business address of the firm’s lead director for the appointment; or
9.3.5 other information about us that is already in the public domain.
9.4 If you receive a request for information under the 2000 Act that relates to us, you must notify us promptly in writing before making any disclosure. You must give proper consideration to any representations we make regarding disclosure.
10.1 Once a matter has been completed and our account has been settled, we will retain your file of papers for a minimum period of six years, except those papers that you ask to be returned to you. After that period, your papers may be destroyed.
10.2 We offer a free safekeeping service for deeds and documents. However, once a file has been archived, we will charge an administration fee to retrieve it at your request. We will also charge a fee per page photocopying. Our current fees will be made available upon request.
10.3 If you ask us to transfer your files to another firm of Solicitors, we will review the file to identify which documents belong to us, which belong to you and which belong to third parties. We may charge you reasonable costs for dealing with the request, including copying and delivering the file. Where charges apply, we will tell you.
10.4 When a matter is completed and you have paid any outstanding bills, we will, on request, return to you any documents you lent to us for the purposes of the matter. Where we act for joint clients and one joint client asks us to transfer documents, we will deliver them to, or in accordance with instructions from, the joint client who originally provided them.
10.5 We do not agree to retain files for any particular period. We maintain a file retention and destruction policy, which is reviewed regularly and is subject to external audit. We usually keep files for 6 years, although this may be longer where required. We may store files electronically and may destroy them after this period without further notice.
10.6 Please also refer to clause 14.3 in relation to our obligations under Anti-money laundering law and Regulations.
10.7 If you ask us to retrieve a file from storage, you must give us reasonable notice. Retrieval may take several days for the file to be received. In urgent cases, retrieval may be arranged more quickly on payment of an additional fee.
11.1 We keep full and exclusive ownership of all copyright and all other intellectual property rights in all documents, advice, and other works that we create, develop, or generate for you while providing the services. This applies in any form, including electronic form. It includes working and draft documents as well as final documents and advice. We grant you a non-exclusive, non-transferable, and non-sublicensable license to use and reproduce those documents, advice, and other works only for the purpose for which we provided the services, and for no other purpose. If you do not pay us in full for the services in accordance with these terms, we may (by giving you notice) terminate that license with immediate effect. If we terminate the license, you must not use or reproduce those documents, advice, or other works for any purpose. We will grant the license again only once you have paid us in full for the services.
11.2 We may keep, for our later use, a copy of any written advice or opinion of any barrister or other third party obtained while providing the services, or any note of any such advice or opinion. Any barrister or other third party will be instructed on the basis that we will keep such advice or opinion.
11.3 If we keep a copy in this way, we will take all reasonable steps to conceal information (such as names, addresses, or descriptions) that might reasonably enable you to be identified.
12.1 The services we provide are for your benefit only and only for the purpose of the matter to which they relate. They must not be used or relied on for any other purpose and must not be used or relied on by any third party. Our duty of care is owed to you as our client and does not extend to any third party.
12.2 No third party has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms. However, this does not adversely affect any right or remedy that any such person has or may have otherwise than by virtue of that Act.
12.3 On your behalf, we may instruct, liaise with, or coordinate advice from other professional advisers and/or service providers, including foreign lawyers. We are not responsible for the accuracy or appropriateness of advice given or work done by those other advisers. We are also not responsible for paying their fees and other charges.
12.4 We do not provide services relating to the laws of any jurisdiction outside England and Wales. We cannot be responsible for the accuracy or appropriateness of advice given or work undertaken by foreign lawyers.
13.1 Where the Disclosure Rules that apply to listed and quoted companies require you to ensure that persons acting on your behalf draw up insider lists, we will maintain insider lists for those individuals at the firm who have access to inside information about you. We will provide copies to you on request, in accordance with the Disclosure Rules. We will also take the necessary measures to ensure that every person whose name appears on such a list is aware of the legal and regulatory duties involved and the sanctions for misuse or improper circulation of inside information.
14.1 We must comply with anti-money laundering legislation and regulations. This includes the Terrorism Act 2000, the Proceeds of Crime Act, and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended from time to time).
14.2 To comply with the law and regulations, we must obtain satisfactory evidence of the identity of our clients, and sometimes of people connected to them. This will include being satisfied regarding sources of funds and sources of wealth. This is because solicitors who deal with money and property on behalf of clients can be used by criminals to launder money. We therefore need evidence of your identity before we start work on your matter. We usually obtain this through an electronic verification facility, and your legal adviser will liaise with you about obtaining ID.
14.3 Under our legal obligations, we must keep copies of documents and information you provide to verify your identity and address for five years from the end of our business relationship with you. After that five-year period, we will securely delete or destroy that personal data unless we have a legitimate interest in keeping it for longer. A legitimate interest may include, for example, establishing, exercising, or defending legal claims, or complying with our professional and regulatory obligations. Any longer period would usually align with our file retention and destruction policy that applies to your matter (see also clauses 7 and 10.5).
15.1 Solicitors have professional and legal duties to keep client affairs confidential. However, the law provides a statutory exception. The Proceeds of Crime Act 2002 places obligations on solicitors that can, in certain circumstances, override the duty of client confidentiality.
15.2 Proceeds of crime are assets or income acquired through illegal activity. Examples include drug trafficking, non-payment of tax, or fraudulently obtaining benefits.
15.3 If your solicitor becomes aware of, or suspects, the existence of proceeds of crime in your case (whether from you or someone else), then—so that the solicitor can continue to deal with your case without you or the solicitor committing an offence under the Proceeds of Crime Act 2002—your solicitor must report the irregularity to the National Crime Agency (NCA). If this happens, we may not be able to tell you that a disclosure has been made or explain the reasons for it.
15.4 The NCA will then either give or withhold permission for your solicitor to continue with the matter. Even if the NCA gives permission for the case to continue, it may pass the information it receives to relevant bodies, such as HM Revenue & Customs, and an investigation may take place at any time in the future.
15.5 Any fees, disbursements, and other charges we incur in complying with the above will be charged to you. There may be circumstances where we believe we are obliged to make a report to the NCA and it later turns out that the law did not require it. By instructing us, you agree that such reports may be made. We do not accept responsibility or liability for any loss, damage, or expense (direct, consequential, or otherwise) arising from any delay or otherwise as a result of making reports to the NCA and complying with our statutory obligations.
16.1 You acknowledge that under the Economic Crime and Corporate Transparency Act 2023, we may be subject to statutory tools such as Unexplained Wealth Orders, asset-freezing orders, or seizure orders (together, “Statutory Orders”) in connection with you or related third parties.
16.2 We have no obligation to disburse funds or provide services where a Statutory Order applies or is reasonably suspected. We may withhold or suspend funds and/or services until the position is resolved.
16.3 You agree to provide all information we reasonably require to enable us to comply with our obligations under the Economic Crime and Corporate Transparency Act 2023, including due diligence checks. You acknowledge that failing to do so may lead to delay or termination.
17.1 If circumstances beyond our reasonable control prevent us from providing the services we have agreed to provide, we will tell you immediately what those circumstances are and how they affect us. If, because of those circumstances, we cannot meet a deadline or complete the services by an estimated completion date (or at all), then:
17.1.1 this will not be treated as a breach of the agreement between us;
17.1.2 we will not be liable to you for that failure to the extent it is attributable to those circumstances (as notified to you); and
17.1.3 any estimated completion date will be extended accordingly.
17.2 We are not responsible for failing to provide services on any issue that falls outside the scope of our engagement. We also have no responsibility to tell you about, or advise you on the consequences of, any event or change in the law (or its interpretation) that happens after the date on which we provide the relevant service.
17.3 We are not liable for any indirect loss or damage. We are also not liable for any loss of profit, income, anticipated savings, production, or accruals, in any circumstances, whether the claim is in contract, tort, negligence, breach of statutory duty, or otherwise, and however it is caused.
17.4 Our liability (as Switalskis Solicitors Limited) for any claim—whether in contract, tort, negligence, breach of statutory duty, or otherwise—for any loss or damage, costs, other charges, or any contractual or statutory interest, however caused, arising out of or in connection with the services, is limited for each matter to the amount stated in your letter of engagement/client care letter. If no amount is stated, our liability is limited to £3 million
17.5 Switalskis Solicitors Limited alone will provide the services, and your agreement is solely with Switalskis Solicitors Limited. You agree that you will not bring any claim—whether in contract, tort, negligence, breach of statutory duty, or otherwise—against:
17.5.1 any service company owned or controlled by or on behalf of Switalskis Solicitors Limited; or
17.5.2 any director of Switalskis Solicitors Limited; or
17.5.3 any director, member, consultant, employee, or agent of Switalskis Solicitors Limited, or of any service company owned or controlled by or on behalf of Switalskis Solicitors Limited.
Those service companies and individuals have no personal liability for providing the services and are entitled to rely on these Terms to the extent they limit or exclude liability.
17.6 Nothing in these Terms limits or excludes our liability to you for death or personal injury resulting from our negligence, for fraudulent misrepresentation, or in any other circumstances where liability cannot lawfully be limited or excluded under any applicable law or regulation.
17.7 Subject to any agreed limit on our liability, our liability to you is limited to the amount it would be just and equitable for us to pay, taking into account the extent of our responsibility for the loss or damage and the responsibilities of all other persons. You agree that our liability will not be increased because:
17.7.1 you have agreed any limitation, exclusion, or restriction of liability with any other person, or you have agreed any joint insurance or coinsurance provision with any other person; or
17.7.2 you are unable to recover from any other person, or you decide not to recover from any other person.
18.1 Our fees are usually based on the time we spend (or expect to spend) dealing with your matter (unless we agree in writing something different with you), both before and after our agreement is in place. We review our rates from time to time (usually annually). If our rates change during your matter, we will tell you in writing.
18.2 Where appropriate we may also charge additional fees, such as bank transfer fees, travel expenses, courier and express delivery services, translations and photocopying costs. We will advise you in advance when these fees are chargeable. These fees will usually be subject to VAT.
18.3 You may be eligible for public funding, but it is available only in very limited circumstances. Please tell us if you think you may qualify for Legal Help or Legal Aid, and we will discuss this with you.
18.4 In property transactions, in the administration of estates, and in transactions involving a large amount of money or benefit to you, we may charge based on the time spent plus a percentage of the value of the transaction, the size of the estate, or the financial benefit to you.
18.5 The percentage element reflects the importance of the matter and the level of responsibility we take on in dealing with it. If this charging method applies, we will tell you in your confirmation of instructions letter.
18.6 In addition to our fees, we may ask you to pay in advance, or to reimburse us, for disbursements and other payments to third parties that we make on your behalf. Examples include Stamp Duty, search fees, document fees, and Land Registry fees in property transactions, and court fees, experts’ fees, process servers’ fees, agents’ charges, and barristers’ fees in family or matrimonial matters and litigation.
18.7 If we need to transfer funds by CHAPS electronic transfer through the bank, we will tell you in writing what the charge will be. If a Faster Payment electronic transfer is required, there will also be a charge. These charges include the fees charged to us by the banks.
18.8 We will inform you of steps referred to above in writing before we pay them on your behalf and they will be shown separately on our invoice, together with VAT where appropriate.
18.9 Unless we agree otherwise, you must pay our fees and charges, expenses, and disbursements whether or not the matter is successfully concluded, damages are recovered, compensation is paid, or the matter completes. However, where you have entered into a Conditional Fee Agreement (CFA) with us, your liability for our fees will be governed by the terms of that CFA. In most cases that means you will not be required to pay our fees if your claim is successful, subject to the specific terms set out in the CFA.
18.10 We will not normally incur disbursements on your behalf without holding money on your account to cover the anticipated cost of those disbursements.
18.11 In litigation matters, if you recover damages, it may be possible for your opponent to reimburse your disbursements.
18.12 Please tell us if you have a legal expenses insurance policy that may cover the cost of your matter. This may be an extension to a motor insurance policy, a home contents policy, or a specialist legal expenses policy.
18.13 For legally aided matters, our charges and disbursements are paid by the Legal Aid Agency (LAA). Where the LAA settles your costs, our confirmation of instructions letter and any guidance we provide (where applicable) will explain the Statutory Charge. Under the Statutory Charge, you may be required to repay costs paid out of the Legal Aid Fund on your behalf. Liability under the Statutory Charge can continue even if a Legal Aid Certificate is discharged, if the matter is later settled or dealt with by court order.
18.14 If a Legal Aid certificate is revoked, you will be liable for all costs incurred on your behalf under that certificate. A certificate may be revoked if you fail to comply with the Legal Aid Agency’s requirements, so it is important that you do comply.
18.15 If we enter into a conditional fee agreement or a contingency fee agreement with you (whether before or after you receive these terms), the terms of that agreement also form part of our contract with you. If there is any inconsistency between the conditional or contingency fee agreement and these terms and/or any confirmation of instructions letter, the conditional or contingency fee agreement will take priority.
18.16 If we agree a fixed fee, we will set out assumptions and specify what work we will do and what work we will not do. If the assumptions are no longer met, or we need to do work outside the agreed scope, you will need to pay more. We will then agree either a further fixed fee or time‑based charging. If we cannot agree this, the retainer will be terminated. The assumptions and the scope of work will be set out in the confirmation of instructions letter or documents enclosed with it.
18.17 If we act on a fixed‑fee basis and, for any reason, your case does not proceed or is not concluded, we will charge for the work we have done at our hourly rates. If charging at hourly rates would exceed the fixed fee, we will cap the charge at the fixed fee, provided the matter has not otherwise fallen outside the fixed‑fee agreement.
18.18 If we give you an estimate of our fees, it is not a fixed fee unless we specifically agree it as a fixed fee. An estimate is intended as a guide only. If the estimate becomes unrealistic for any reason, we will tell you as soon as reasonably possible and discuss next steps with you.
18.19 We add VAT to our charges at the rate that applies when we carry out the work. Our VAT registration number is 591 0298 34.
18.20 We may agree with you a limit on our charges. If we do, we will carry out work up to that limit, send you an invoice for the relevant sum, and discuss whether you want to agree a further limit. A limit on charges is not a fixed fee for work.
18.21 If we must carry out urgent work for you that falls outside the scope of any estimate or fixed‑fee agreement, we will update our estimate or provide an estimate for that additional work as soon as possible. Sometimes we are required to act immediately and there is no opportunity to update the estimate before we do the work. In those circumstances, you will be charged at the rate or rates that apply to the person or people who carry out the additional work.
19.1 If we receive money from you to use on your behalf (including payments on account), we will hold it (unless we agree otherwise with you) in our general client account. That account is subject to the SRA Accounts Rules (see www.sra.org.uk). Subject always to the SRA Accounts Rules, we are not responsible for any loss arising from the insolvency of any bank where client funds are held, or from any other action or event beyond our control, including (without limitation) governmental or other levies on bank accounts. If we make a claim under the Financial Services Compensation Scheme (FSCS) in respect of money we hold for you, you agree that we may provide certain information about you to the FSCS to help it identify amounts to which you are entitled in our client account.
19.2 The FSCS covers deposits belonging to clients who are individuals or small businesses up to £120,000 per client. If you are not treated as a small business under the scheme, you will not be eligible for compensation. For information, please visit www.fscs.org.uk.
19.3 We must account to you for interest on any balance(s) we hold for you where, in all the circumstances, it is fair and reasonable to do so in order to achieve a fair outcome. A full copy of our policy is available on request.
19.4 If you borrow from a lender in a property transaction, we will ask the lender to arrange for the loan money to reach us up to four working days before completion. If the money can be sent by telegraphic transfer, we will ask to receive it the day before completion. This helps ensure that cleared funds are available in time for completion. You should be aware that the lender may charge interest from the date it issues its loan cheque or makes the telegraphic transfer. We are not liable for such interest.
19.5 In some circumstances, we may be asked to give undertakings on your behalf (for example, to pay a third party’s costs or expenses). We cannot give an undertaking without becoming liable to comply with it. Before we give any undertaking, we will require you to deposit with us a sum equal to the value of the undertaking, or to make other arrangements that satisfy us that our position is secure
19.6 Any money you give us for the purposes of clause 19.5 will be held in our client account or placed on deposit, and you will be entitled to interest in line with our interest policy.
19.7 If we act for you on a sale and a connected purchase, your instructions in those matters will be treated as including your consent for us to transfer funds from one matter to the other within our accounts records.
19.8 If we act for you on separate and unconnected matters (generally, any matter than a connected sale and purchase), and you ask us to transfer funds from one matter to another, we will need your specific written authority before we do so. We will only agree to making the transfer where it is properly required for the delivery of legal services in connection with those matters and is permitted by the SRA Accounts Rules. We reserve the right to decline to transfer funds where to do so would amount to providing banking facilities or would not comply with our regulatory obligations.
20.1 Where appropriate, it is normal practice to ask clients to pay sums of money from time to time on account of the charges and expenses we expect to incur in the following weeks or months. This is to avoid delay in progressing your matter.
20.2 We may request further payments on account as your matter progresses. When those payments are applied to your bill(s), we will send you a receipted bill. Any payments on account will be credited against your final bill.
20.3 We will deliver bills at regular intervals for work carried out during your matter. This supports cash flow and helps you budget for costs. If a payment is not made when due, we reserve the right to stop acting, and we will charge the full amount for the work done up to that date.
20.4 You must pay within 28 days of us sending a final bill. If the bill is not paid within that time, we will charge interest at 8% from the date of the bill. Interest is charged on a daily basis.
20.5 You can pay by credit card, debit card, bank transfer, or cheque (payable to Switalskis Solicitors). We cannot accept credit card payments for disbursements that we must pay to others on your behalf. We also cannot accept credit or debit card payments for certain items, such as stamp duty, estate agents’ fees, and counsel’s fees. We will not accept credit or debit card payments of more than £5,000 per matter. If you want to pay more than £5,000, please pay by bank transfer or cheque. We reserve the right to refuse debit or credit card payments. Our account details are available on request.
20.6 If you pay us by cheque, or we receive money on your behalf by cheque, we cannot draw against it for six days because we can only draw against cleared funds. Cheque clearing follows a “2‑4‑6” system run by the Cheque and Credit Clearing Company: two days until the money earns interest, four days until you can withdraw, and six days until you can be sure the funds have cleared.
21.1 You or we may end the provision of all or any of the services at any time by giving written notice to the other. We will not do this without giving you reasonable notice and without a good reason, such as:
21.1.1 you fail to pay any amount due to us, or any money on account we have requested; or
21.1.2 you become insolvent; or
21.1.3 a conflict of interests is discovered or arises; or
21.1.4 we are prevented from acting by the National Crime Agency (NCA); or
21.1.5 you ask us to break the law or breach any professional requirement; or
21.1.6 continuing to act would expose us to regulatory, reputational or legal risk; or
21.1.7 we are required to do so in order to comply with our obligations relating to tax adviser registration or HMRC requirements; or
21.1.8 the relationship of trust and confidence necessary between solicitor and client no longer exists between us; or
21.1.9 you fail to give us adequate instructions; or
21.1.10 you otherwise breach these Terms.
21.2 If the services end, you will be liable only for fees that arise and payments we have made or committed up to the date of termination, together with any fees or payments for services necessary in connection with transferring the matter to another adviser. If this happens, we will charge for services provided at the hourly rates that apply at the relevant time. VAT will be charged where applicable. All rights set out in these Terms continue to apply even if we end the agreement between us. If a conditional fee agreement is in place, the terms of that agreement will govern the payment terms.
21.3 Please note that we will not tolerate abuse threatening or intimidating behaviour towards our staff in any circumstances.
21.4 After your matter concludes, or when your instructions end, if you owe us money we are entitled to keep papers and documents prepared by us or intended to belong to us. We may exercise this right until you have paid what you owe. This is called a lien over your file.
22.1 If you have any complaint about any aspect of our service or our charges, please tell your legal adviser straight away. If your legal adviser cannot resolve the problem, Susan Willoughby is our Senior Risk & Compliance Manager and Client Care lead and is your point of contact. You can contact Mrs. Willoughby by telephoning 01977 703215, emailing clientcare@switalskis.com, or writing to her at our Pontefract office: 49 Ropergate, Pontefract, WF18 1JZ. Mrs. Willoughby will investigate your complaint in line with our complaints procedure (a copy is available on request).
22.2 We have up to eight weeks to consider your complaint and try to put matters right. If we have not resolved it within this time you may complain to the Legal Ombudsman.
22.3 If at the end of our complaints process you are not satisfied with the outcome you can ask the Legal Ombudsman (address PO Box 6167, Slough, SL1 0EH, website: www.legalombudsman.org.uk, telephone: 0300 555 0333) to consider the complaint. The Legal Ombudsman will expect you to have given your lawyer a chance to resolve your complaint before it will get involved. Normally, you will have to bring your complaint to the Legal Ombudsman no later than 1 year from the date of the act or omission giving rise to the complaint or, 1 year from the date you should reasonably have known there was cause for complaint. If we have issued a final response to your complaint under our formal complaints procedure, you must refer your complaint to the Legal Ombudsman no later than six months after the date of the final response.
22.4 As well as having a right to object to any bill you receive by making a complaint to ourselves and the Legal Ombudsman you may also be able to apply to the court for an assessment of your bill under Part III of the Solicitors Act 1974. However, you should also be aware that if all or part of your bill remains unpaid, Switalskis Solicitors Limited may be entitled to charge interest on it, and that the Legal Ombudsman may not consider a complaint about a bill if you have applied to the court for assessment of that bill.
23.1 Your matter may have tax implications. Unless our confirmation of instructions letter expressly says otherwise, we will not provide advice on taxation (including Stamp Duty). We are not responsible for any adverse tax or Stamp Duty consequences arising directly or indirectly from your transaction. We recommend that you obtain advice from an independent specialist adviser, accountant, or other appropriate professional.
23.2 Our services may include assisting with or facilitating compliance with tax-related requirements where this is incidental to the legal services we are providing. This may include, for example, the preparation or submission of tax returns or forms, or communications with HM Revenue & Customs (HMRC) on your behalf. Such assistance does not constitute comprehensive tax advice unless expressly agreed in writing. We do not undertake a full review of your tax position unless specifically agreed.
23.3 If, in the course of providing services, we interact with HMRC on your behalf in relation to your tax affairs, we may be required to be registered with HMRC as a “tax adviser” in accordance with applicable legislation and regulatory requirements. We will take reasonable steps to maintain any required registration. However, you acknowledge that:
23.3.1 our ability to interact with HMRC may be subject to regulatory requirements, conditions or restrictions imposed by HMRC; and
23.3.2 we may be unable to act, or may need to suspend or delay services, where such requirements are not met or where continuing to act would place us in breach of applicable law or regulatory obligations.
23.3.3 We shall not be liable for any loss arising from delay or inability to act where this results from compliance with our legal or regulatory obligations in relation to tax adviser registration.
23.4 You remain responsible for your tax affairs and for ensuring that you obtain appropriate specialist tax advice where required. We are entitled to rely upon the accuracy and completeness of information provided by you or by your advisers. We will not be responsible for any loss arising from inaccurate, incomplete or misleading information.
23.5 If we are instructed to interact with HMRC on your behalf, you authorise us to do so and to provide any information and documentation that may reasonably be required for the purposes of your matter. This will be always subject to our professional and legal obligations.
23.6 If you ask us to provide you with the names of advisors and you instruct such an advisor, they will be advising you independently. For the purposes of that advice you will be their Client and not our Client. You will be liable to them for payment of their costs, VAT and any disbursements. We will not be liable for any advice which they give to you.
24.1 We cannot advise you on the merits of investment transactions or on exercising investment rights. We also cannot act as an arranger or broker of transactions. We assume that any decision you make to enter into an investment transaction is your decision, based on your own assessment of the transaction and any advice you receive from a person authorised by the Financial Conduct Authority (FCA). Nothing in our communications with you, or done on your behalf, should be interpreted as an inducement or invitation to engage in investment activity.
24.2 We can provide certain limited services in relation to investments where those services are closely linked with the legal services we are providing to you. This is because we are members of the Law Society of England & Wales, which is a designated professional body for the purposes of the Financial Services and Markets Act 2000.
24.3 We are not authorised by the FCA. However, we are included on the FCA register so that we can carry on insurance distribution activity. Insurance distribution activity broadly means advising on, selling, and administering 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 FCA register can be accessed via the FCA website at www.fca.org.uk/firms/financial-services-register.
24.4 If we receive commission from a financial institution, brokers, or others, we will account to you for it unless we agree otherwise. We may set off that commission against any fees or disbursements you owe us. If we do so, we will notify you in writing.
25.1 Switalskis Solicitors is committed to promoting equality and diversity in all its dealings with clients, third parties, and employees. We will not discriminate in the way we provide our services on the grounds of sex (including gender reassignment), marital status, sexual orientation, disability, race, colour, religion, age, nationality, or ethnic or national origins. We have a written Equality and Diversity policy, we take part in SRA diversity surveys, and we train all our staff in equality and diversity awareness.
26.1 We may vary these Terms of Business from time to time. We will give you seven days’ notice of any variation that may be relevant to you.
26.2 If we do not insist on strict performance of any of these Terms, or if we do not (or delay in) exercising any rights or remedies under these Terms or at law, that does not mean we waive any right to insist on strict performance. It also does not mean we waive any of our rights or remedies in respect of any default.
27.1 In certain situations, you have a legal right to cancel this agreement within 14 days.
27.2 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply if any of the following applies:
27.2.1 we have not met with you; or
27.2.2 this agreement was entered into at or following a meeting with us (or someone acting on our behalf) somewhere other than our business premises; or
27.2.3 you made an offer at a meeting with us somewhere other than our business premises; or
27.2.4 this agreement was entered into during an excursion organised by us with the aim of promoting our services; or
27.2.5 this agreement is concluded on our business premises or through any means of distance communication (for example, email, letters, or telephone calls) immediately after meeting with you somewhere other than our business premises.
27.3 If the Regulations apply, you have the right to cancel this agreement within a cancellation period. The cancellation period ends 14 days after the day on which the agreement between us is entered into. The agreement is entered into when you accept our terms and instruct us to act for you. This will usually be when you sign and return our Client Care Letter, or otherwise confirm (in writing or orally) that you wish us to begin work on your matter.
27.4 We cannot provide any services before the end of the cancellation period unless you have made an express request for us to do so. If you need us to carry out urgent work before the cancellation period expires, you may request that we do so. You must make that request in writing.
27.5 If you ask us to begin providing services during the cancellation period, you must pay an amount that is proportionate to what has been performed up to the time you tell us you are cancelling, compared with the full coverage of the contract.
27.6 If you cancel this contract within the relevant period, this will end both your obligations and our obligations under the contract.
28.1 The Terms are governed by and interpreted in accordance with the law of England and Wales.
If any of the Terms is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision will be removed to the extent necessary and will have no effect. This will not affect the legality, validity, or enforceability of the remaining provisions.
30.1 In these terms of engagement:
30.2 “we”, “us”, “our”, “firm” , “Switalskis” and “Switalskis Solicitors”, mean or refer to Switalskis Solicitors Limited (a Company registered in England and Wales with registered number 08924632 and VAT number 591 0298 34 whose registered office is at 19 Cheapside, Wakefield WF1 2SD) and any successor practice and any service company owned or controlled by or on behalf of Switalskis Solicitors Limited or any of its directors and, as the context requires, all directors of, consultants to and employees and agents of, Switalskis Solicitors Limited and of any service company owned or controlled by or on behalf of Switalskis Solicitors Limited or any of its directors;
30.3 the terms “partner” and “partners” mean or refer to a director or directors of Switalskis Solicitors Limited (a list of directors may be inspected at any of our offices or at www.switalskis.com);
30.4 “you” and “your” refer to our client;
30.5 “matter” means a specific transaction, dispute or issue in relation to which you ask us to provide services whether or not it has been defined in a letter of engagement or other agreement;
30.6 “services” means all services we provide to you in relation to the relevant matter.