Terms of Business - Court/Tribunal Appearance Only

The terms herein relate to where you only wish for me to attend as an advocate at Court or a Tribunal and you will have prepared your case yourself. If you want me to “approve” anything you have prepared for your case before sending it to the court or the other side, I charge an additional £250 as an “oversight fee”. For the avoidance of doubt I do not come on the court record if I am only acting as an advocate. You will at all times be a litigant in person on the court record. If you call me and you do not yet have a hearing date I will charge you £250 as a non refundable deposit (as you are likely to want to speak to me or email me about your case before you get the hearing date). Once you get a hearing date and I confirm my diary is free the terms  below will apply and you will only have to pay a further £250 to meet the £500 retainer fee. 

I am pleased to accept instructions from you on the terms herein. It is important that you  understand my full terms as they will form a legally binding contract between us.

Please review 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

My Basic Terms
1.If I quote a fee for the dates of the hearing as set by the court, you will not be entitled to a refund if your case finishes early. e.g. your case is set for 1 day and concludes in 1/2 a day or is listed for 2 days and concludes in 1 day. 

2. If your case does not start on the day it is supposed to and is simply adjourned, I will charge £250 and will carry the balance over to the adjourned hearing date (subject to being topped up by you for that £250).  

3. If the fee agreed is over £500, I will need to be paid £500, as a retainer when you instruct me. If the fee agreed is under £500, I will need to be paid the full fee when you instruct me before I can put the court date in my diary. Any balance on the fee must be paid at least 72 hours before the hearing, failing which I will not be obliged to attend the hearing. 

4. If you succeed at trial, then where allowed, I will make a request for your costs to be refunded through a Defendants Costs Order.

5. If your case is to heard by video link or by telephone, it will be your liability to give the court my email so I can be sent a link for the video hearing or you shall give them my number 07491041812 so the Court can call me to join the hearing.

6. If your case is listed more than an 80 mile round trip from my address you will have to meet travel costs, either petrol costs or train travel to/from Durham. 

7. If your case is listed more than 100 miles from my address and goes into a 2nd, 3rd etc day, you will have to pay for a local B&B for me to be on sight for the following days hearings. 

8. Note that I may not be able to speak to you when you call me (as my phone must be off when in court). In such situations you should text 07491041812 or email me at jbrown@nechambers.co.uk and I will reply. If you contact me by email I will reply within 72 hours.

9. I will not charge you additional fees to call me or email me. but the level of contact must be reasonable. You will have no real need to contact me every day. If your level of contact is unreasonable I will tell you so and if it continues I will have to charge my time pro-rata £185 per hour. 

The work I will carry out is set out in the letter I will have already emailed to you along with my fees for this work

If subsequent work is needed on this matter, there will have to be another letter of agreement between us. Note that because I carry out all my work personally and cannot predict what other professional responsibilities I may have in the future, I cannot at this stage confirm that I would be able to accept instructions for any subsequent work you may request from me.

If you are satisfied with the my services, I would ask that you give me an appropriate rating on Trust Pilot. A button is on the home page of 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 you are dissatisfied with my services, I have a complaints process that you may follow. Further details are set out on my website. 

Other matters

I am the only person you are instructing. I am a sole practitioner direct access barrister but I may use the services of a litigation assistant.

I have carefully considered your instructions and can confirm that I have sufficient experience and competence to undertake the work.

The work you are instructing me to carry out is set out in my letter of agreement.

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.

Barristers advise on the law, draft documents for clients to use and appear on behalf of their clients before courts or tribunals and other organisations. Barristers do not handle client money 

Here are some examples of work I can carry out:

(i)        I can draft letters on your behalf;

(ii)        I can liaise with other parties on your behalf;

(iii)       I can appear on your behalf to argue your case at court;

(iv)       If a witness statement is needed from you, I can draft it from what you tell me. I can help finalise a witness statement from another person based on the information that person has provided;

(v)        I can advise you on the need for expert evidence and on the choice of a suitable expert. However, I am not permitted to instruct an expert on your behalf. Expert evidence is evidence about a professional, scientific or technical matter provided by an individual with expertise in that area; and

(vi)      I can draft formal court documents for you and can serve court documents on other parties and file them at court on your behalf. 

(vii) I will hold no liability unless I agree a future hearing date when I am in Court, or the Court (or you) send me an order with any revised hearing date. 

(viii) As you are instructing me without a solicitor, you must be sure that:

(a)        you are able to do whatever is necessary for matters identified herein which  I cannot deal with; or

(b)        you have made an arrangement with another person of suitable competence and experience to                     provide those services for you.

Circumstances when I may not be able to act for you:

As a barrister, I must follow the Bar Code of Conduct. That code of conduct requires me to consider whether a solicitor needs to be instructed in your own interests. If there comes a point at which I consider you may need a solicitor I will no longer be able to act for you without the involvement of a solicitor. If I foresee that situation arising, I will give you as much notice as possible.

Legal Aid:

As a barrister I cannot undertake legal aid work unless I have been instructed by a solicitor. If you want to talk to someone about getting legal aid, you should contact a solicitor who does legal aid work. They will be able to advise you about legal aid arrangements relating to civil cases e.g. where you are in dispute with another individual or organisation and also criminal cases e.g. where a crime may have been committed. You can find out more information on the www.gov.uk website: https://www.gov.uk/community-legal-advice

In agreeing these terms, you confirm that you have been informed that you may be eligible for public funding. You confirm in agreeing these terms that you are choosing to instruct me without the benefit of any public funding that may be available to you.

As I carry out all my professional work personally, there may be times when I am not available to you. For example, if I am in court for a day or for several days in a row. I may be totally unavailable to all clients during that time. If you are not able to contact me directly send an email to jbrown@nechambers.co.uk, or send me a text on 07491041812 and I will respond as soon as possible.

My fees for this work are set out in my cover letter. Under these terms, you are responsible for paying the fees set out in my cover letter.

You and I agree that:

(i)        I am entitled to keep copies of any documents you give me for my own professional records; and

(ii)       I will return all your original documents to you when I have carried out the work you have instructed
            me to do.

I would prefer that you give me copies of documents rather than originals. However, if this is not possible, you agree that I may (if there are a large number of documents) make a reasonable charge to you for producing photocopies.

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 your information to governmental or other regulatory authorities, 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 Court of England and Wales. 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.

Legal Ombudsman:

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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