Standard Terms and Conditions of Contract
- I work on a fixed fee basis.
- Fees are specific to each case and are assessed and arrived at based on such things as the complexity of the case, what has already been done, what still needs to be done, what if anything has been done that needs to be corrected, the likely number of witnesses involved and the length of the hearing.
- The fixed fee will be payable in stages which will be worked out according to such things as the complexity of the case, what has already been done, what still needs to be done, what if anything has been done that needs to be corrected, the likely number of witnesses involved and the length of the hearing.
- The fixed fee will include all work that is normally undertaken by a lawyer in dealing with and Employment Tribunal claim. Which includes but is not limited to taking instruction from the client, giving advice, drafting documents, communicating with the Employment Tribunal, communicating with the Respondent and/or their representatives, communicating with ACAS as appropriate, negotiations with the Respondent and/or through ACAS as appropriate, agreeing settlement terms if appropriate, collating documents, agreeing and/or producing bundles of documents for Employment Tribunal hearings, settling witness statements, exchanging witness statements with Respondents, attending preliminary hearings in person and/or on the telephone to represent clients and attending Employment Tribunal Hearings to represent clients, cross-examining Respondent’s witnesses, making closing submissions, making submissions on remedy and/or costs applications as appropriate.
- The fixed fee will include any travel and/or accommodation needed for me to attend a hearing.
- The cost of any stationary items such as paper and folders is included in the fixed fee including when the Tribunal Orders that documents and bundles of documents are to be provided by the Claimant. However, if the Tribunal Orders that the Respondent is to provide copies of documents and/or bundles of documents and that the cost of doing so is to be shared by the parties then that is not included in my fixed fee.
- The fixed fee will not include, for example, things such as transcribing a recording or other things which are not normally undertaken by a lawyer in Employment Tribunal proceedings.
- The fixed fee will not include any cost involved in gathering evidence.
- There may be occasions when I think that I need to visit you to discuss the case, if that occurs then I will not charge you for the visit or the travel. However, if you want me to visit you to discuss the case and I do not agree that it is needed then I will charge you for the visit and the travel.
- Any costs awarded by the Tribunal against you, the Claimant, would be your responsibility.
- If, at any stage in the proceedings, the case settles then no further stage payments would be payable provided that none were owing at the time.
- If you cancel our agreement at any time you will not need to pay any further fees provided that none are outstanding at the time.
- I cannot act for you where there is a conflict of interests. If such a conflict becomes apparent I will have to stop acting for you. If that situation arrises then you only need pay for work done up to that point.
No Win, No Fee
- There may be occasions when I agree to take on a case under a conditional fee or ‘No Win, No Fee’ basis. That would be the exception rather than the rule. In such a situation my fee would be a percentage of any Employment Tribunal award or settlement figure. Any costs awarded by the Tribunal against you, the Claimant, would be your responsibility.
- The amount of the percentage would depend on a number of factors including how much work is likely to be needed to be done, the prospects of succeeding in each aspect of the claim and the likely level of any award from the Tribunal if the claim were to succeed.
- If my fee is 10% and the Tribunal award you £100 then my fee will be £10 leaving you with £90.
- If my fee is 35% and the Tribunal award you £1,000 then my fee will be £350 leaving you with £650.
- If you withdraw from your case against my advice or cancel our agreement before it is settled or concluded then I will charge you a fee for work done.
- If facts and/or evidence comes to light during your case which results in my advice being that you should withdraw from your case and you do withdraw then I will not charge you a fee. However, if the facts and/or evidence are things that you knew about but did not tell me then I will charge a fee for work done.
- If you reject a good offer to settle your case against my advice then in some cases I may charge a fee for work done if you then fail to win an amount equal to or greater than the rejected offer at Tribunal.
- I cannot act for you where there is a conflict of interests. If such a conflict becomes apparent I will have to stop acting for you. If that situation arrises then you may need pay for work done up to that point if you had known of the possibility of such a conflict.
- There may be occasions when I agree to a ‘mixed’ fee. That is part reduced fixed fee and part percentage of any Employment Tribunal award or settlement figure.
- You can cancel your agreement with me at any time.
- If you cancel within the 14 day cooling off period of making the agreement then there will not be any cancellation fees/ charges or costs. You will be charged at a rate of £200 per hour for time spent working on your case.
- If at any stage you have any concerns regarding the conduct of your case, please raise them with me, in person, by telephone, in a letter or by email. I will investigate the complaint.
- I will send a written or electronic acknowledgement of your complaint within five business days of receipt with details of my internal complaints handling procedures (this document).
- I shall, by the end of eight weeks after receipt of a complaint, send you either:
- a final response, which will inform you that you can complain to the Legal Ombudsman, the timeframe for doing so and full contact details for the Legal Ombudsman (see below); or
- a response which:
- explains that I am still not in a position to make a final response, gives reasons for the further delay and indicates when I expect to be able to provide a final response; and
- informs you in writing that you can complain to the Legal Ombudsman 8 weeks after making your complaint, the timeframe for doing so and full contact details for the Legal Ombudsman (see below).
- If we are unable to resolve matters to your satisfaction or you wish to pursue your complaint through other channels, you are entitled to contact the Legal Ombudsman after I have provided you with a final response or it has been 8 weeks since your complaint, their address is:
PO Box 6806
You can find them on the internet at:http://www.legalombudsman.org.uk/cmc/
Or email them at:firstname.lastname@example.org