This explains the terms upon which we provide our services and how those services will be provided.
NATURE OF RELATIONSHIP
The relationship between a lawyer and his client is one of the utmost good faith and confidentiality. In the course of our work we are required to exercise reasonable skill and care and to comply with the Law Society Codes of Conduct in respect of all our professional dealings.
We will advise you of the name of the partner with ultimate responsibility for your affairs and the name and status of the person with day-to-day conduct of your file will be the author of the attached letter. We will keep you informed of the progress and the issues raised.
In order to achieve our aim, which is to provide you with high quality, efficient and cost effective legal services, we encourage the lawyers, legal assistants and departmental managers within the firm to deal with matters upon which you require advice, to work closely with you and ensure that you always have a readily accessible person to contact. Nevertheless, whoever is dealing with your particular matter, one partner in the firm will be your continuing client partner and will oversee our relationship with you.
If you are able to provide the information and instructions we need promptly, we will be able to advise and assist you more efficiently and cost effectively.
In order to comply with the laws of Jersey and in particular with regard to the anti-money laundering legislation, you may be asked to produce documentation to confirm your identification and the source of any funds or wealth used for the transaction for which you seek advice. We would ask that in order to avoid delay to the matter you comply with this request in a timely manner.
Fee estimates will be given or time charges that apply provided in the letter of engagement. This firm reserves its position to charge a fair and reasonable fee in respect of all aborted property transactions by reference to the actual work in progress incurred at that time. You may request an indication as to current work in progress at any stage.
DISBURSEMENTS AND EXPENSES
In addition to our fees there will be other expenses for which you will be responsible. These include specific disbursements such as stamp duty and utility search fees.
Our bill will be settled by you upon presentation.
Whenever we hold funds on your behalf, for example for the purchase of a property, these funds will be held separately in a designated client account. We will pay interest on those funds at a rate of ½% below The Royal Bank of Scotland International Limited Base Rate. Accrued interest less than £20 will not normally be paid to save administrative costs.
All client’s money accepted by this firm is held in a separate Client Account. You authorise this firm to pay disbursements and expenses out of moneys held for you in our Client Account and to debit fees from our Client Account where an account has been rendered. No person shall be permitted to transfer funds to the firm’s client account unless the fee earner dealing with the matter has given prior clearance after satisfactory confirmation has been received as to the value and currency of the transfer, bank from which the money is being sent and the name of the account from which the money is being sent. We reserve the right to refuse to accept client moneys in instances where any aspect of the payment is not consistent with the client matter. In addition should we supply you with the details of our client account in order that a transfer may be made it is on the understanding that these details are confidential and shall not be passed on to any third party without our express consent.
DATA PROTECTION AND CONFIDENTIALITY
We are committed to ensuring client data is kept confidential and held in accordance with data protection legislation.
We have a data protection policy based on the requirements of the EU General Data Protection Regulation.
Our Privacy Notice is available here or enclosed and details how we process data and the rights of individuals in respect of their data. You should ensure that our Privacy Notice is provided to any individuals whose personal data is provided to us by you and you are satisfied that there is a legitimate basis under any applicable data protection legislation for providing such personal data to us.
Our Privacy Notice also sets out circumstances in which data may be transferred within and outside Voisin Law. Those provisions apply equally to information held on any entity that is not a living individual.
The primary data controller in relation to this engagement is Voisin Law.
TERMINATION OF INSTRUCTIONS AND DOCUMENTS
Once instructed on a particular matter, we will continue to act for you in that matter until its conclusion, unless:
• either party may give written notification of the termination to the other;
• it is not appropriate or in your best interests for us to continue to represent you, for example, where a conflict of interest has arisen;
• you fail to comply with these Terms of Engagement.
If we cease to act for you in any of the above circumstances, you will be responsible for payment of all fees and disbursements up to the date of termination and any costs and disbursements reasonably incurred in connection with the transfer of the work to another lawyer of your choice. You authorise this firm and we reserve the right to retain all papers and documents which relate to the transaction or matter until all fees, disbursements and expenses have been paid.
Files in either electronic or physical form will be retained for 11 years from the last material entry or file closure and thereafter be destroyed unless you have informed us that you would like to receive the same.
You have the right to request a progress report at any time. If you have any complaints regarding any aspect of the service you have received these should be addressed in the first instance to the person having conduct of your file or the partner ultimately responsible for your case. Alternatively you may refer your concerns to Advocate Ian Strang, the Senior Partner. If any dispute cannot be resolved internally, including the level of fees charged, the matter can ultimately be referred to the Law Society of Jersey for adjudication.
In the event that you agree to the above terms of engagement I would be grateful if you would kindly sign, date and return the enclosed copy.
LIMITATION OF LIABILITY
Should a loss arise as a direct result of our breach of contractual obligations or negligence, our total aggregate liability shall be restricted to £500,000.
GOODS AND SERVICES TAX (“GST”)
GST at the current rate will be added to all fee notes where this applies. Confirmation of applicability can be given on request.
I/We hereby confirm that the source of funds relating to our proposed property transaction is:-
1. *sale of existing property
4. *mortgage from ………………………………
5. *other loans
* delete as appropriate
We reserve the right to make further enquiries and/or request documentary evidence in respect of the source of funds e.g. copy bank statements, loan agreements, etc, if deemed necessary and in certain circumstances your source of wealth.
We recommend that you either make a Will, or review your existing Will to ensure that, in the event of your death, your Real Estate devolves in accordance with your wishes. Please indicate below if you would like further information or contact our Wills and Probate Department direct on 500328.