- Also in this section:
Subject to the notes below, the fee will be based on an hourly rate or, if appropriate, any Quoted Fee. For specialist work undertaken by a partner, the rate will be as quoted for that work. Otherwise the hourly rate (and which will apply to qualified associates and assistants) will be at the unit rate determined by us from time to time. Notwithstanding these general provisions we may charge at another rate which is agreed with you in specific circumstances. It will be in our option to have certain work conducted by unqualified assistants and to adjust any fee as we consider appropriate. If you are in any doubt about which rate applies please ask the person immediately responsible for your business. Our fee rates are reviewed with effect from 1 January in each year. We reserve the right to increase the rate being charged as at 1 January in any year by a maximum of 5% without any specific intimation to that effect. Any proposed increase in excess of 5% would be intimated to you. VAT will be charged in addition on all fees at the appropriate rate in existence at the time of invoice and, if appropriate, on certain outlays and ancillary costs.
Paying Fees – How to pay your fee note
Fees can be paid in person by attending the Cash-room at 26 Church Street, Inverness IV1 1HX, or by post by sending a cheque in the mail, or over the telephone using a Debit or Credit Card, or by online payment.
ONLINE PAYMENT – All Online payments are processed through ‘Worldpay’. To make an Online Payment visit www.munronoble.com/payment . From here you will be directed through to Worldpay’s ‘secure payment page’.
Payment Terms are 21 days from date of fee note. If payment is not made within 21 days interest will be added to the account on a daily basis, equivalent to an annual rate not exceeding 4.0% above the Royal Bank of Scotland base lending rate.
Charges – How do we charge for work?
Unless agreed in advance, fees will be charged initially on the basis of time spent on the work, or on the basis of The Law Society of Scotland’s recommended method of assessment (if any), whichever is the greater. Time spent includes time spent carrying out administrative legal work for you, for researching the law and perusing and copying all correspondence, documents and papers relating to your case and travel time. In addition, an element for responsibility may be included which can vary according to different criteria, such as urgency; importance of the work to you; amount or value of money or property involved; complexity, difficulty or novelty of the matters; length, number or importance of documents or papers. All time shall fall to be charged in six minute units for any period of 6 minutes or part thereof or on the basis of a drafting fee (whichever we deem appropriate). A charge shall be made for posts, telephones, faxes and incidental expenses which shall be computed at the rate of 5% of the fee for the time spent on the work.
Any estimate or quote given will be for a probable fee based on our experience of the general amount of work involved in a typical transaction of the type concerned. If the work turns out to be more complex or prolonged than normal, our estimate or quote may require to be amended. You will be advised of any such changes.
For charitable trust or executry administration and ancillary matters, the fee shall be determined on the basis notified to the client by an independent Auditor, or an external assessor or law accountant instructed by us and for private trust work will be charged as above unless it is agreed to have the fee determined by an independent Auditor or an external assessor or law accountant instructed by us, as the case maybe.
Independent Assessment – Fees not agreed beforehand
Fees which are not agreed in advance are subject to independent assessment by an Auditor. This process is known as “taxation”. In such cases, you are entitled to require our file to be taxed if you are not happy about the fee charged. In such a case the file is passed to the Auditor who will fix what he considers to be a fair and reasonable fee in all the circumstances, including those factors outlined above. The Auditor can fix a fee higher or lower than the fee charged. If it is lower, then we will pay the cost of taxation. If, however, he fixes a higher fee or confirms our fee as charged, then you will be responsible for that fee as well as the Auditor’s costs.
On completion of the work we will issue, along with our note of fee and VAT, a statement or cash account detailing financial dealings on your behalf. This will include funds received and also outlays which may have been incurred. Where outlays have been incurred for which we have not already been reimbursed, we will require repayment of these within seven days of our request for payment of these.
Outlays – What is charged for?
These are expenses which we pay on your behalf and which have to be refunded to us. The amount of these outlays may vary due to circumstances outwith our control. We will be entitled to retain in our hands any commission, loyalty dividends or discounts received from the suppliers of services to us.
Where funds are held by us, you agree by your acceptance of these Terms that we may deduct our fees, VAT and outlays from such funds.
Fee notes are payable when issued and payment is due within 21 days. We reserve the right and at our discretion shall be entitled (by so intimating to you) to charge interest on fees not paid within 21 days at 4% per annum above the base rate charged by The Royal Bank of Scotland.
We may require you to settle fees and repay outlays during the course of the transaction. In such a case, interim statements will be issued. Large outlays (such as Counsel’s fees, survey fees and advertisements etc.) will require to be paid to us before we instruct Counsel, surveyors or advertisers.
In the event of you withdrawing instructions from us before completion, all work done and outlays paid up to that point will remain chargeable and will require to be paid in full prior to our forwarding any relevant papers. Should we consider it to be necessary to make copies of any files, deeds or documents before forwarding your papers, we shall be entitled to charge a fee for doing so. Administration rates are charged at £40.00 + VAT per hour and will be charged in blocks of six minutes or part thereof.