Terms of Business

TERMS OF BUSINESS

At Kayson Solicitors, we are committed to providing high-quality legal services and representation. These Terms of Business set out the relationship between our firm and our clients and the services we provide. Please read these terms carefully to understand the expectations and responsibilities in our working relationship.

Business Hours

Our office operates Monday through Friday from 9:00 a.m. to 5:30 p.m. If you need to reach us outside these hours, you can leave an email or voicemail, and we will respond as soon as possible during the next business day.

Our Role

As your legal representatives, we will:

• Represent your interests and maintain confidentiality.
• Explain the legal work involved and the likely outcome.
• Ensure you understand any potential financial risks.
• Keep you informed of progress, or let you know when to expect an update.
• Avoid using technical legal language and aim to communicate clearly.
• Respond to your emails, letters, and phone calls within 5 working days, aiming to do so as quickly as possible.

Your Role

Your involvement in your case is crucial, even though we will manage your legal aspects. To move forward, we may need your instructions, documents, or evidence. Since you are most familiar with the details of your case, collaborating with us will help ensure the best possible outcome.

If you ever feel unsure or cannot provide the necessary information, please get in touch with us immediately so we can assist you.

Designated Contact

If multiple people are involved in your case, please designate one primary contact. This individual will be responsible for providing instructions and signing documents on behalf of all parties to ensure efficient communication.

Anti-Money Laundering and Identity Verification

In compliance with Solicitors Regulation Authority (SRA) regulations, we conduct identity verification checks through an external service provider. The cost of these checks and a small administration fee will be passed on to you.

Third Party Instructions and AML Checks

If you want a third party to provide instructions or sign documents on your behalf, you must provide written consent. We may also need to conduct an anti-money laundering (AML) check on this individual, and the cost will be your responsibility.

E-Signature Costs

An external service provider may charge an additional fee if documents require electronic signatures. This fee and any other charges will be included in your invoice.

Administrative Charges

In addition to our standard legal fees, we may apply administrative charges for tasks such as document copying, mailing, and other administrative functions. These charges will be communicated to you and invoiced separately, subject to VAT where applicable.

Online Payment Information

You will receive a link for online payments through bank transfer or credit card. Please note that an additional fee (typically 1% to 2.5%) may apply if you pay by credit card.

Cash Payment Policy

In line with SRA guidelines, we do not accept cash payments above £500. If you deposit cash into our account, we may charge additional fees to verify the source of the funds. All payments to you will be made via cheque or bank transfer.

Billing Policy

Every communication and task—whether email, phone call, letter, or administrative task—is considered billable. We charge in units of six minutes, with each unit being 10% of the hourly rate. Your timesheet will outline the work completed, and we encourage you to review it.

Payment On Account and Invoicing Procedures

All advance payments will be credited to your account. Our accounts department will issue invoices at regular intervals, which you must review. If you have any concerns regarding your invoice, please get in touch with us for clarification.

If an issue is raised on your invoice, we will temporarily suspend all further work until the issue is resolved. Kayson Solicitors will not proceed with any new tasks, regardless of their urgency, until the matter is fixed. This approach will clarify our billing process, reduce your need to repeat concerns on multiple invoices, and help prevent escalating costs.

Account Balance and Invoicing

We will issue an invoice when your balance reaches £480 or below. If additional funds are required to continue your case, we will ask for payment before further work is undertaken. If your balance falls below £500, we will notify you to ensure your account remains in good standing and that you have sufficient funds to maintain our services.

Duplicate Invoice Requests

If you request additional copies of invoices after we’ve provided them, we will charge for the time spent fulfilling your request.

Cost Breakdown Requests

Requests for a detailed breakdown of future costs will require us to review your entire case file, including an assessment of court directions and associated documents, which will be chargeable. The time spent preparing this breakdown will be included in your invoice.

Timely Instructions and Document Submission

To ensure we meet court deadlines and other vital timelines, please provide us with your instructions and any necessary documents by the specified dates, or at least 14 days before the deadline mentioned in the court order. This advance notice allows us to prepare the required documents thoroughly, submit them to you for review and approval, and make any necessary adjustments before filing with the court or other relevant parties involved in these proceedings.

Urgent Work Charges

If urgent work is required outside of regular office hours to meet court or agreed deadlines, a fee of £500 plus VAT per hour will apply. You will be notified; written confirmation will be requested before any urgent work begins.

Continuing Engagement or Termination of Services

Please notify us in writing if you wish to stop using our services. We will issue a final invoice for work completed until your termination request. If funds remain in your account, they will be used to continue working until we receive your termination instructions.

If you wish to terminate our services, a closure fee of £150 plus VAT will be added to your final invoice. Additional work will be charged at £400 plus VAT per hour.

Withdrawal of Representation

We may withdraw from representing you if:

• You no longer wish to proceed.
• There’s a breakdown in the solicitor-client relationship.
• Conflicts of interest arise.
• Payment issues remain unresolved.

We will notify you in writing before withdrawing for non-payment and provide two weeks’ notice to the court if necessary.

Non-payment and Legal Action

In line with SRA guidelines, if any invoice remains unpaid beyond the due date, we will apply interest on the overdue amount at an annual rate of 8%, calculated daily, until the debt is settled in full. In continuing non-payment, we reserve the right to initiate appropriate legal action to recover the outstanding debt. This may include sending a formal “Letter Before Action” (LBA) to inform you of the unpaid balance and the potential legal consequences. Should the debt remain unpaid after the LBA period, we may commence court proceedings, and you will be responsible for any additional costs incurred in recovering the debt.

Limitation of Liability for Software Malfunctions and Breach of Confidentiality

Kayson Solicitors utilises a legal software system to aid in document preparation. However, errors such as the accidental use of another client’s name, duplication of details, or miscalculations may occur, and our team might not detect these issues until they are brought to our attention. We cannot be held liable for any loss or damages arising from such errors or any breach of confidentiality resulting from software malfunctions. We encourage clients to review all documents thoroughly and notify us immediately of any discrepancies.

By signing this document, you acknowledge your responsibility for reviewing documents and agree to the limitations of liability.

Involvement of Other Professionals

A fully qualified solicitor will personally manage your case and take responsibility for its handling. The solicitor may be supported by a team of skilled legal assistants and paralegals who will carry out tasks related to your matter as part of the team. If the case complexity requires additional expertise, the solicitor may engage other professionals, such as barristers or experts, to ensure you receive the best representation possible. Our Senior Solicitor will oversee all work carried out by the team to maintain the highest service standards.

Engagement of External Agencies

If the need arises to instruct an external agency (e.g., a process server, courier, or court services), and the fees are under £500, we will seek your approval before proceeding. However, suppose we cannot reach you or you have not responded promptly, particularly in urgent situations such as impending court hearings. In that case, we reserve the right to act in your best interest to ensure your case proceeds immediately.

Granting Us Authority to Instruct External Professionals/Third Parties

By signing this agreement, you grant us full authority to act on your behalf. When necessary, we will communicate directly with external professionals and third parties, always confirming any associated costs with you before engaging them.

Instructing Counsel and Counsel’s Fees

If retaining counsel becomes necessary, we will agree on their fees before securing their services. Please be aware that counsel’s fees must be deposited into our account no later than 14 days before the court hearing. If you decide to cancel the counsel’s attendance, you must provide at least two weeks’ notice; failure to do so will make you liable for the fees incurred, regardless of the counsel’s attendance.

Telephone and Meeting Recording and Transcripts

By signing these terms, you consent to the recording and transcribing all phone calls and video meetings for quality assurance, training, and record-keeping purposes.

Payment of Interest

The Solicitors Accounts Rules require us to pay you interest on general client account funds, which we have held for a period on your behalf if the amount exceeds £20.00. Where these rules are applicable, we will pay you a sum calculated by them. This payment will be made to you without the tax deduction, so it is your responsibility to account for tax (if any) due on this payment to HMRC.

Periodic File Review and Cost Estimates

We will regularly review your case file and any outstanding issues. Following our review, we will provide you with an updated breakdown of the work to be done and request your approval on the associated costs before proceeding. Please note that these updates may incur charges.

File Management and Review Policy

At Kayson Solicitors, we uphold stringent file management standards to ensure compliance with regulatory requirements. We review client files, including dormant ones, typically every four weeks. During these reviews, we assess whether any updates or actions are necessary and inform you of any relevant changes. If you do not engage for an extended period, we may close the file, following our standard procedures.

Document Handling and Retention Policy

By signing this document, you acknowledge that we may scan copies of your original documents into our case management system for record-keeping purposes. Once scanned, all photocopies will be securely shredded. You will be notified after your case and will have the opportunity to collect your original documents. If uncollected after 30 days, we reserve the right to dispose of them securely in compliance with data protection regulations.

Lien

Kayson Solicitors reserves the right to exercise a lien over your files, documents, or any assets in our possession if you have an outstanding debt, including unpaid bills, until the debt is fully settled.

Public or Alternative Funding

Kayson Solicitors does not engage in Public Funding (Legal Aid) work. If you require public funding, please get in touch with a solicitor from a public funding franchise. We also do not engage in after-the-event insurance work or conditional fee arrangements.

Regulation of Investment Business and Insurance Mediation

The Financial Services Authority (FSA) does not authorise us to provide investment advice but may refer you to independent advisors. Regarding insurance mediation, we are regulated by the Solicitors Regulation Authority and may advise on certain types of insurance relevant to our services.

Professional Indemnity Insurance

Kayson Solicitors maintains professional indemnity insurance coverage of £3,000,000 for our work on your case. This coverage is considered reasonable for the work undertaken, and we do not accept liability beyond the policy limits. Full details of our insurance policy are available upon request.

Limitation of Liability

Kayson Solicitors’ liability for any claims arising from this engagement is limited to two years from the engagement date. We are not liable for any losses resulting from false, misleading, or incomplete information provided by you or third parties, other than Kayson Solicitors.

Distance Selling Regulations

Under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, you can cancel your instructions within 14 days of receiving our four key documents. After this period, cancellation may not be possible.

Equality and Diversity

We are fully committed to fairness and equality. Please inform us immediately if you feel we have not met our high equality and diversity standards. A copy of our Equality and Diversity Policy is available upon request.

Data Protection

We will process all personal data supplied by you or a third party as required by data protection regulations. Your information will be retained as long as necessary to fulfill legal obligations and securely stored at our registered office. If you have concerns or requests regarding the use of your data, please contact our Data Controller.

Email Communication

Email communication between you, ourselves, and any third parties related to your case may be subject to risks, such as interception or the unintentional spread of computer viruses. While we take all necessary precautions, we cannot guarantee the security of email communication.

Outsourced Work

Specific administrative tasks may be outsourced to external partners to ensure cost-efficiency. We maintain confidentiality agreements with our partners, though we cannot guarantee absolute enforcement.

Intellectual Property Protection and Usage Policy

Unauthorised reproduction or alteration of our company’s documents, letterhead, or content is prohibited and will result in legal action. Any external use of our materials must be authorised in writing.

Service Standards and Communication

While preparing your case, we will contact you strategically to ensure the efficient progress of your matter. Timely communication is essential to avoid oversights and additional charges, particularly when faced with deadlines.

By default, our primary modes of communication will be through email or by contacting you on your mobile unless you specify otherwise.

Our service commitment includes:

Responding to your queries within five working days of receiving your email or telephone call.

We will provide regular updates, notify you of any developments in your case, and seek your instructions.

While we strive to consistently maintain these high standards, please understand that there may be exceptional circumstances in which we cannot, such as when we are engaged in urgent matters for other clients, attending court, or on annual leave.

Storage of Papers

After completing work on your file, we will retain it for up to six years. We will charge a retrieval fee if you wish to retrieve your documents from storage. Certain records, such as deeds, may be stored in safe custody at your request.

Cyber Fraud

To protect you from cyber fraud, we rarely change our banking details. If you receive a request to transfer funds to a different account, please get in touch with us immediately to confirm the authenticity of the request.

Complaints

If you are dissatisfied with our service, please get in touch with our Client Care Officer at legalteam@kaysonlaw.co.uk, and we will provide our complaints procedure.

Legal Ombudsman

If you are dissatisfied with our response, you may contact the Legal Ombudsman for independent resolution, subject to their rules and timeframes.

Legal Ombudsman
PO Box 6167, Slough SL1 0EH

Telephone: 0300 555 0333
Email address:legalteam@kaysonlaw.co.uk enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk

Please note the Legal Ombudsman’s rules say that they can look at complaints if: it happened within 6 years of the issue happening; it happened within 3 years from when you found out about the issue occurring; you refer your complaint to the Legal Ombudsman within 6 months of our final response to you.

Complaints About Bills

If your complaint concerns our bill, you may also have the right to challenge it by applying to the court for an assessment under Part III of the Solicitors Act 1974. The Legal Ombudsman may not address a complaint regarding the bill if you have sought a court assessment. We reserve the right to charge interest at 8% on any unpaid bill.

GDPR Privacy Notice

At Kayson Solicitors, we understand the importance of your data and are committed to handling it responsibly. This Privacy Notice explains what personal data we collect, why, and how we use it. Please take a moment to read this notice and reach out to us if you have any questions. You can contact our Information Management Officer (IMO) using the details below.

What Is an Information Management Officer (IMO)?

Our IMO is the person responsible for overseeing how we handle your data. While we are not legally required to have a Data Protection Officer (DPO), our IMO acts as the point of contact for any concerns you may have regarding your data.

Who Is Our IMO?

Our IMO is Kam Patel. You can reach Kam using the following contact details:

• Company: Kayson Solicitors
• Phone: 0203 096 9976
• Email: legalteam@kaysonlaw.co.uk
• Address: Warlies Park House, Horseshoe Hill, Upshire, Essex, EN9 3SL

Your Responsibility to Inform Us of Changes

The personal data we hold about you must be accurate and current. Please inform us of any changes to your data during our relationship with you.

What Happens If You Can’t Provide Personal Data?

If we require your data by law or as part of a contract with you, and you do not provide the requested information, we may be unable to fulfil our obligations. In such cases, we may have to cancel or modify our services, and we will inform you accordingly.

Our Role as Data Controller

When we decide how your data is processed, we are acting as the data controller. If we process your data on behalf of a third party, following their instructions, we act as a data processor. This notice explains our responsibilities as a data controller.

What Is Personal Data?

Personal data refers to any information that can be used to identify you, directly or indirectly. This includes details such as your name, contact information, or any data specific to your identity.

How We Collect Your Data

We collect personal data from you in various ways depending on our relationship. For example, if you are a client, visitor, or subscriber, we gather data through:

1. Direct interactions: When you engage with us in person, via phone, email, or on our website, or when you complete forms such as creating an account or subscribing to our services.
2. Case Management Software: We use the Proteus 3 case management system to manage client data.
3. Third parties: We may also obtain personal data about you from third parties or public sources, such as identity verification services or public records.

Why Are We Providing This Notice?

This notice is a legal requirement and part of our commitment to transparency. It outlines how we process your data, why we collect it, and your rights regarding it.

How We Use Your Data

We may use your data for the following purposes:

• To provide you with the legal services you have requested.
• To manage and deliver those services effectively.
• To train and manage our staff.
• To investigate any complaints you may have about our services.
• To keep track of costs associated with the services we provide.
• To ensure quality control and improvement of our services.
• For research and development of new services.

We will only use your data when permitted by law, including:

• To fulfill a contract with you.
• For our legitimate business interests, provided they do not outweigh your rights.
• To comply with legal or regulatory requirements.

If we send you marketing material, we will rely on your consent. You can withdraw consent anytime by contacting us at legalteam@kaysonlaw.co.uk or using the unsubscribe link in our communications.

Types of Data We Collect

The categories of personal data we may collect include:

• Profile Data: Your name, address, contact information, and preferences.
• Transaction Data: Information about the services we provide to you.
• Technical Data: Details about your devices, IP address, browser type, and how you access our websites.
• Marketing and Communication Data: Your preferences for receiving marketing materials.

Who We Share Your Data With

We may share your data with:

• Internal staff: Employees who need access to your data to deliver services.
• External “staff”: Consultants or semi-permanent staff, such as solicitors, who assist with your case.
• Third-party service providers: Partners who help us meet legal obligations or provide services, such as experts, barristers, or digital service providers.

We ensure that all third-party service providers comply with data protection laws and use your data only for specific purposes.

International Transfers of Data

Sometimes, we may transfer your personal data outside the European Economic Area (EEA). We ensure that appropriate safeguards are in place, such as using countries or organisations deemed to provide adequate protection or implementing specific contracts approved by the European Commission.

How Long We Keep Your Data

We retain personal data for up to 7 years, in line with legal and regulatory requirements, including the Money Laundering Regulations and the Proceeds of Crime Act. After this period, your data will be securely deleted.

Your Rights Regarding Your Data

You have several rights about your personal data, including:

1. The right to be informed: You can know how we use your data.
2. The right of access: You can request a copy of the personal data we hold about you.
3. The right to rectification: You can ask us to correct inaccurate or incomplete data.
4. The right to erasure: You can request the deletion of your data, although some legal restrictions may apply.
5. The right to restrict processing: You can request that we limit how we process your data in certain situations.
6. The right to data portability: You can request that your data be sent to you or another party in a machine-readable format.
7. The right to object: You can object to how we process your data, including for direct marketing purposes.
8. Rights related to automated decision-making: We do not make decisions based solely on automated processes.

How We Respond to Your Requests

We aim to respond to your requests within one month. If your request is particularly complex, we may need more time, and we will inform you of any delays.

Complaints

If you are dissatisfied with how we handle your data, please contact our IMO (details above) so we can try to resolve the issue. You also have the right to complain with the Information Commissioner’s Office (ICO) at www.ico.org.uk.

Changes to This Policy

We may update this Privacy Notice occasionally via our website www.kaysonlaw.co.uk.