My Terms
Thankyou for your recent instructions to act for you in your legal matter. I enclose a link to the Bar Standard Board’s (BSB) guidance for lay clients, which explains how the public access scheme works if you are unsure of anything.

https://www.barstandardsboard.org.uk/regulatory-requirements/bsb-handbook/public-access-guidance-for-lay-clients

If I am contracting with you by phone or email, you would normally have a statutory 14-day cooling off period. If those statutory rights are taken up by you, it means I am unable to commence any work until that 14-day cooling off period expires. You have indicated to me that you wish to waive your right to that 14-day cooling off period and have me commence work immediately. If that is not the case then you need to advise me accordingly.

Please send me prove of ID, e.g. driving licence + proof of address, e.g. utility bill, when you agree to these terms.

In every case I need at least a £500 retainer fee after you have had a free consultation. That £500 retainer fee will be deducted from any total agreed fee. 

I would be pleased to accept instructions from you on the terms set out herein. It is important that you understand my full terms as they will form a legally binding contract between us and will be regulated under UK Law and may be adjudicated on by the Courts of England and Wales.  

I appreciate that ongoing, you may need to speak to me or correspond with me by phone or email, and I will not charge you for that, as long as, i) the number of calls you make to me and, ii) the number of emails you send to me are reasonable

I am not like a firm of solicitors who will start the clock whenever you call them, but I hope you will understand that e.g. trying to call me every day to discuss issues, or sending me multiple emails every day which I then have to respond to, would mean me having to charge you pro-rata at an hourly rate of £185 an hour. If this is to be the case, I will give you prior notification of that.

You must understand that you are not the only client I have and there is really no need to call me every day to discuss matters, unless it is particularly urgent. I work on my own and if I am in court my phone will be switched off so you will have to leave a voice mail. If you get through to my voice mail I would rather you send me an email to jbrown@nechambers.co.uk or send me a text to 07491041812, rather than leave a message on my phone as I can see texts and emails even if I am in court.

You are obliged to assist me in dealing with your matter I expect that if I email you to ask that you take any action you will acknowledge that email within 72 hours and provide the information needed within 5 days or contact me to agree a revised timeline. If you simply fail to reply or fail on a regular basis to provide the information I need to progress your case I may terminate the service to you and I will not be obliged to provide any refund to you. 

NOTE: You will be obliged to pay any court fees directly to the court. If your case has a large amount of documents requiring large bundles to be prepared I will have to charge an additional fee for ink consumables as well as seeking payment for other disbursements, e.g. postage or fees for instructing a process servers. I will advise you if i need to charge any travel fees or overnight accommodation fees. 

The work I will carry out:

OFFER A)  
You are instructing me only to attend court/tribunal hearings, you are not instructing me to prepare your case for you. You have advised me you will prepare your own case. As I have not been instructed by you to prepare your case, that falls to you. I am willing to proof read any documents or statements before you submit them, but I have not been retained by you to advise you on court procedure (you will need to comply with relevant Court Rules), to meet with witnesses to take instructions, undertake any drafting, or redrafting of any statements, to prepare any bundle, carry out any legal research, or draft any legal opinion. If you want me to do this work, we can agree an additional fee.

If you want me to review anything you prepare for your case before you send it to the court/tribunal or the other side throughout the court process I will charge a fixed fee of £250. If you want that service I will send you a reply on any such documentation you send to me within 72 hours of receiving it.

If you need to instruct any expert that will be down to you.

As I am NOT PREPARING YOUR CASE that means I do NOT come on the court record. That means the court will correspond directly with you and you will have to send all relevant material on to me.

If there is to be a bundle for the hearing please sent it to me or ensure that the other side also send me a copy.

If you want me to attend ongoing hearings, I will advise the court of dates when I am not free and most judges will avoid advocates booked dates but if a judge refuses to avoid any booked date you will have to instruct someone else to attend that hearing.

For the avoidance of doubt, if your case concludes earlier than the court lists it for, e.g. if it is listed for a full day, but concludes in ½ a day, you will not be entitled to any refund. 

OFFER B)

You are instructing me to prepare your case for you as well as attend the court/tribunal hearings. This means I will meet with witnesses to take instructions, undertake any drafting, or redrafting of any statements, prepare any bundle, carry out any legal research, and draft any legal opinion. 

I will not send anything to the court/tribunal or other side without you first seeing the documents. If you need to instruct any expert that will be down to you.

As I am PREPARING YOUR CASE that means I WILL come on the court record. That means the court will correspond directly with me and I will send all relevant material on you. I will advise the court of dates when I am not free and most judges will avoid advocates booked dates but if a judge refuses to avoid any of my booked dates, I will arrange for someone else to attend that hearing.

For the avoidance of doubt, if your case concludes earlier than the court lists it for, e.g. if it is listed for a full day, but concludes in ½ a day, you will not be entitled to any refund. 

Additional Work:

If subsequent work is needed on this matter, there will have to be another letter of agreement between us. Because I carry out all of my work personally, that means I cannot predict what other professional responsibilities I may have in the future. That means I cannot at this stage confirm that I would be able to accept instructions for any subsequent work or be able to attend any future hearing date(s).

My fees 

I have set out my fees in my invoice. At present I am not VAT registered. Fees for me to attend a hearing must be paid in cleared funds at least 48 hours before the hearing, if the fee is not paid I will be unable to represent you at the hearing as without payment that invalidates my professional insurance and so I would not be covered if you sought to make a claim against me, as technically, without payment I would be acting Pro Bono. If you instruct me to attend any other court hearings the 48 hours obligation for payments will continue to apply.

If you are satisfied with my services:

If you are happy with my services, I would ask that you give me an appropriate Trust Pilot rating, through the link on my website.

If you know anyone else who could use my services, (my website lists all areas of law I deal with) I would hope you would invite them to contact me. If they quote your name when instructing me I will give them a 10% discount on my fees. 

If anyone has a quote from a solicitor’s firm I will, without quibble, beat any such quote by 35%.

If you are dissatisfied with my services:

If, for any reason, you are unhappy with the service you receive I have a complaints process that you may follow. Further details are set out on my website www.nechambers.co.uk.

If you do not understand any of my terms, you should ask me to clarify or explain them.

Yours sincerely

John Brown

Dr John D. Brown
Barrister at Law

Attachment

John D. Brown terms:

  1. I am the only person you are instructing.
  2. I have carefully considered your instructions and can confirm that I have sufficient experience and competence to undertake the hearing.
  3. The work you are instructing me to carry out is set out above, under Option A or Option B and the relevant Option will be set out in the invoice. If any other Option is agreed that will be set out in the invoice, e.g drink/drugs driving cases, criminal appeals or instructions only to undertake drafting work. 
  4. If subsequent work is needed on this matter, and I am available to do the extra work, there will need to be another letter of agreement between us.
  5. If I am not going on record for the Court/Tribunal, or providing my Chambers address to the Court/Tribunal as the ‘address for service’ of Court/Tribunal documents (that is, the address which must be provided to the Court/Tribunal to receive formal court documents sent by the Court/Tribunal or other relevant parties), that means you will be listed on the Court/Tribunal record as a litigant in person. That means you will need to provide your own address as the ‘address for service’ of documents to be sent by the Court/Tribunal and by other parties and in that case you agree to send any Court/Tribunal documents you receive on to me.
  6. If the Court needs to be informed of my phone number for any telephone hearing you will give them 07491041812. If it is to be a video hearing you will ensure the Court are given my email jbrown@nechambers.co.uk so they can send me a video hearing invite.

Fees

Under these terms, you are responsible for paying my fees. I will not be able to act for you until my fees are paid. I will not be able to hand over any written work until I have been paid. I am unable to attend a court or a tribunal hearing unless I am paid in cleared funds at least 48 hours  fore the hearing. Payment should be made by bank transfer.

General obligations

The information which you give to me will be received in professional confidence. I am registered with the ICO under the Data Protection Act 2018 (Number ZA528085). This means that I must maintain the confidentiality of any information you have shared with me and can only tell others about it if you give your consent for me to do so. The only exception is that statutory and other legal requirements may mean that I have to disclose (i.e. reveal) your information to governmental or other regulatory authorities, eh organisations, whose rules I must meet, without your consent and without telling you that I have made the disclosure. Statutory and legal requirements are rules or regulations that an individual must, by law, follow.

This contract will be governed by English law, and any dispute will be subject to the jurisdiction of the English courts. Jurisdiction means the power and authority of a court or tribunal to determine the outcome of a case and impose sanctions or penalties on those involved.

Complaints

I hope you will be happy with my professional services and will put a recommendation on my Trust Pilot account. A link is on the front page of my website. However, if for any reason at all you are not satisfied, you should first refer the matter to me in line with my complaints procedure. A copy of my complaint’s procedure is on my website

If you are not happy with my reply to any complaint, you can contact the Legal Ombudsman. The Legal Ombudsman is a free, impartial and independent service set up by the Government which deals with complaints about legal services you have received.

You must complain to the Ombudsman within 6 months of receiving a final response to your complaint from myself. A complaint to the Ombudsman must also be made not more than 6 years after the act or omission complained about, or not more than 3 years from the date when you should reasonably have known that there were grounds for complaint.

For further details about how to make a complaint to the Legal Ombudsman, please contact the Legal Ombudsman directly at: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ

Email: enquiries@legalombudsman.org.uk   Phone: 0300 555 0333

Website: www.legalombudsman.org.uk

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