These Terms and Conditions form part of the agreement between:
The Solicitor: [Name], Solicitor of England and Wales ("the Solicitor")
and
The Client: The individual or organisation named in the Retainer Agreement ("the Client").
2.1 The Client shall pay a fixed fee of £500 per calendar month in advance.
2.2 The retainer shall commence on the date specified in the Retainer Agreement and shall continue on a rolling monthly basis unless terminated in accordance with these Terms.
2.3 The monthly fee is payable by standing order, direct debit, or such other method as agreed.
2.4 Failure to pay the monthly fee when due may result in the immediate suspension of services until payment is received.
Subject to these Terms, the monthly retainer includes:
(a) Up to two substantive emails per business day from the Client requiring legal advice, review, drafting instructions or strategic guidance.
(b) One telephone consultation per business day of up to 30 minutes.
(c) Reasonable follow-up communications directly arising from matters discussed during those communications.
(d) Drafting documents required to initiate court proceedings, including but not limited to:
(e) Drafting documents specifically ordered by the Court during the proceedings, including but not limited to:
(f) General legal advice relating to matters within the agreed scope of work.
Unless expressly agreed in writing, the retainer does not include:
(a) Advocacy at any hearing.
(b) Attendance at court as a Solicitor.
(c) Attendance at mediations.
(d) Conduct of litigation where this would constitute a reserved legal activity not permitted under the Solicitor's regulatory status.
(e) Correspondence with opponents, courts, experts, witnesses or third parties on the Client's behalf.
(f) Receiving service of documents.
(g) Managing deadlines on behalf of the Client.
(h) Emergency or urgent work requiring completion outside normal business hours.
(i) Legal research exceeding that reasonably required for drafting and advice under the retainer.
(j) Appeals.
(k) Judicial review proceedings.
(l) Multi-party litigation.
(m) Matters requiring specialist counsel unless separately agreed.
(n) Any work requiring more than 10 hours of professional time in any calendar month.
5.1 The retainer is intended to provide ongoing legal support and drafting assistance on a fair and reasonable basis.
5.2 The monthly fee includes up to 10 hours of professional time per calendar month.
5.3 Where the Client's requirements exceed 10 hours in any month, the Solicitor may:
(a) defer non-urgent work to the following month;
(b) agree an additional fixed fee; or
(c) charge at an hourly rate of £250 plus VAT.
5.4 Unused time does not roll over to future months.
The Client shall:
(a) provide complete and accurate information;
(b) supply all documents and evidence required for drafting;
(c) remain responsible for complying with court deadlines;
(d) remain responsible for filing documents with the Court unless otherwise agreed;
(e) carefully review all draft documents before use or filing.
7.1 The Client acknowledges that the Solicitor is providing legal services on a limited retainer basis.
7.2 The Solicitor is responsible only for those tasks expressly agreed in writing.
7.3 The Solicitor is not responsible for any aspect of the matter falling outside the agreed scope.
7.4 No solicitor-client retainer shall be implied beyond the services expressly described in these Terms.
8.1 Routine emails will normally be answered within two business days.
8.2 Drafting work will normally be completed within five business days of receipt of full instructions.
8.3 No guaranteed turnaround time applies unless expressly agreed in writing.
9.1 The Client remains solely responsible for monitoring and complying with all court deadlines.
9.2 The Solicitor accepts no responsibility for missed deadlines unless expressly retained in writing to manage a specific deadline.
The Solicitor shall keep confidential all information received from the Client except where disclosure is required by law, regulation or professional obligations.
11.1 The Solicitor's aggregate liability arising from the retainer shall be limited to £100,000 or the amount of professional indemnity insurance available to respond to the claim, whichever is lower.
11.2 Nothing in these Terms excludes liability which cannot lawfully be excluded.
12.1 Either party may terminate the retainer by giving written notice.
12.2 The Solicitor may terminate immediately where:
(a) fees remain unpaid;
(b) a conflict of interest arises;
(c) the Client acts abusively or improperly;
(d) professional obligations require termination.
12.3 Upon termination, no further work will be undertaken unless separately agreed.
Any complaint concerning the services provided should be made in writing to the Solicitor in the first instance.
These Terms shall be governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.