TERMS AND CONDITIONS IN RESPECT OF  
 MASTERS LEGAL SERVICES

 
INSTRUCTIONS
 
(i)  As your agents, we can only act on information and instructions given to us. You should not assume that we have knowledge of any factual matters. You can instruct us either verbally or in writing, although we may ask you to confirm verbal instructions to us. If there is any change in your instructions, you must notify us immediately.
 
(ii) Linda Masters, to whom your instructions should be addressed, will handle your business. She can be contacted during the office opening hours (Monday-Thursday 9.00am-5.00pm and Friday 9.00am to 4.00 pm). The office is closed for lunch between 1.00 p.m. and 2.15 p.m.  If you have any difficulty in making contact, then you should leave a message with her secretary or clerk who will pass it on to her for action.
 
 

MONEY LAUNDERING
 
Before we can proceed to act on your behalf we require to comply with the Money Laundering Regualtions. We enclose a list detailing forms of identification which are sufficient for this purpose. Please provide us urgently with two of the items specified on this list.
 
Furthermore you must now confirm to us the source of your funding for this Transaction. Any alteration in the source of your funding must be notified to us urgently and could result in a delay before we are able to proceed with the matter. It is very important that there is no last minute change in your financing. Please note that in conveyancing transactions it is normal for there to be a serious financial penalty for delay in completing.  If you are unable to complete on the Contractual date this could mean that you are in breach of contract.
 
If you are arranging for a telegraphic transfer of funds to our account, or to provide us with a Bankers Draft, the bank which transfers these funds issues the Draft must also confirm to us the name and number of the account from which it was drawn and the bank and branch details. Any failure to do this may result in a delay in completing your transaction. We reserve the right to withdraw from acting for you if you fail to provide us with the information requested above which is necessary to comply with the Money Laundering Procedures required by the Law Society of Scotland.       
 
                                                                                                               
CHARGES
 
PRIVATE  Our fees are charged on the basis of time spent on the work, together with an element for responsibility, which can vary according to a number of matters, such as urgency, importance of the work to you amount or value of money or involved complexity, difficulty or novelty of the matters, length, number or importance of           documents or papers. Our fees for this matter will be based on £165.00 per hour, or part thereof plus 5% for posts and incidents plus V.A.T at the current rate appropriate to the time the legal services are given.  Should any work relating to your file be prepared Mrs Lin Masters, solicitor, the fee for Mrs Lin Masters work will be based on the rate of £165.00 per hour, or part thereof, plus 5% for posts and incidents plus V.A.T at the current rate appropriate to the time the legal services are given.  As well as your home address, we will also require to know the name and address of your employer for our records.
 
The hourly rate shall be increased annually on the 1^st January, and notification of the increased rate shall be sent to you under separate cover at that point in time.
 
Any estimate given will be for a probable fee based on our experience of the general amount of work involved in a typical transaction of the type involved. If the work turns out to be more complex than normal, then our estimate may require to be amended. You will be kept advised of any such changes.
 
Within one month of commencing acting for you, we shall issue an interim fee note.  If payment is not received within 14 days, we shall cease work on your case until payment is received.
 
Fees, which are not agreed in advance, are subject to independent assessment by the Auditor of Court. This process is known as “Taxation”. You are entitled to require our file to be taxed if you are not happy about the fee charged. In such a case, the file is passed to the Auditor who will fix what he considers to be a fair and reasonable fee in all the circumstances, including those factors outlined above. The Auditor can fix a fee higher or lower than the fee charged. If it is lower, then we will pay the cost of taxation. If however, he prices a higher fee or confirms the fee as charged, then you will be responsible for that fee as well as the Auditor’s costs.
 
Along with our fee, we will issue a statement detailing financial dealings on your  behalf.  This will include outlays, which may have been incurred; we will require repayment of them within seven days of receipt by you of a request.
 
We may require you to settle accounts and repay outlays during the course of the transaction. In such a case, interim statements will be issued. Large outlays will require to be paid to us before they are due to be paid out by us.
 
                         

PETROL / MILEAGE CHARGES

Masters Legal Services shall charge .65 pence per mile petrol costs if travelling in connection with their contract with you for services.
CONVEYANCING

Where appropriate an estimate of your fees is available on request. In the event that the work carried out is such that the estimate requires to be exceeded, you will be notified of the expected additional expenditure and that additional                     expenditure coupled with the original estimate will comprise the fee, vat and outlays to be paid to us contractually.  Payments to account requested must be paid within 7 working days of the request being made. A failure to comply with the condition    of payments to account may result in us refusing to act for you.
 
 
LEGAL AID

LEGAL AID ADVICE AND ASSISTANCE 
 
Clients in receipt of Legal Aid and / or Legal Aid Advice and assistance should note that in the event of property (of whatsoever nature) being secured or preserved by way of settlement for you then the Legal Aid Board will  require you to pay your own legal fees, outlays and vat out of the property  recovered or preserved. Full details are available on request.                                       
 
Separately, if the legal aid board assess your income and decide that a contribution is due to the Scottish Legal Aid Board, it must be paid on the initial visit or, if this is not possible, within 14 working days.  If the contribution is not received at our office within this time period, then all work relating to your case will be suspended until the contribution is received.
 
With regard to applications for Emergency Legal Aid, we will not commence work until a payment to account is made.  This will be a payment to our firm of a minimum of £200.  If the Emergency Legal Aid application is sanctioned, then Clients will receive the payment back.  If a Client can’t or won’t pay, then they must wait for Legal Aid to be granted.
 
Please note that if Legal Aid is refused and we have already carried out work on your behalf, you will be required to pay privately at the rate specified herein.
 
 
 
GENERAL             
 
Our aim is to provide an efficient service, but if you are unhappy about any aspect, then please discuss your concerns in the first instance with the person dealing with you. However, if that would cause you difficulty or embarrassment, please speak to any of the other partners whose names appear on the letterhead. If the matter cannot be resolved then you are always entitled to refer it to the Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh EH3 7YR.
 
Information provided to us will be dealt with in confidence and will only be disclosed to parties authorised by you or as required by the Law Society of Scotland or any other authorised body.
 

PAYMENT OF FEES

All fees, unless otherwise agreed in writing by Mrs. Masters are to be paid within fourteen days of the date of your invoice.
 
 
DOCUMENTS REQUIRED FOR MONEY LAUNDERING REGULATIONS
 
 Section 1

·  Full National Passport                                                                           
·  Full National Driving Licence                                                                
·  Pension Book                                                                                         
·  Armed Forces ID Card                                                                          
·  Signed ID Card of Employer known to you                                         
 
·  Young Persons NI Card (under 18 only)                                               
·  Pensioner’s Travel Pass                                                                        
·  Building Society Passbook                                                                    
·  Credit Reference Agency Search                                                         
·  National ID Card                                                                                     
·  Copy Company Certificate of Incorporation                                        
 
Section 2
 
·  Gas, Electricity, Telephone Bill                                                            
·  Mortgage Statement                                                                             
·  Council Tax Demand                                                                            
·  Bank, Building Society, Credit Card Statement                                
·  Home Visit to Applicant’s Address*                                    
·  Check Telephone Directory*                                                                
·  Check of Voters Roll*                                                                           
 
* Suitable for Proof of Address only
 
 
            PLEASE BE ADVISED THAT WE REQUIRE ONE DOCUMENT FROM EACH SECTION