phone 01224 641402
email law@lindsayandkirk.com

ABOUT/CONTACT LINDSAY AND KIRK

LINDSAY and KIRK - OUR TEAM



LINDSAY and KIRK - PROPERTIES
Welcome to Lindsay and Kirk

Terms of Business for Lindsay and Kirk. TERMS OF BUSINESS
1. Quality Service: In all our dealings with our clients we aim to provide a high quality service, to find out what our clients want, and achieve it. We try to work quickly and efficiently, and we hope you find us friendly and approachable. At the end of the transaction we hope you will think our fee represents good value for money.
2. Contacting us: We are open from 9 am to 12.45 pm and 2 pm to 5.15 pm, Monday to Friday. Our telephones are answered from 9 am to 12.45 pm and 2 pm to 5.15 pm, Monday to Friday. If the person concerned is unable to take your call, or if we are closed for a local or statutory holiday, you can leave a message on our answering machine/voicemail service. Our fax line is open at all times and we can also be contacted on our E-mail address: law@lindsayandkirk.com. We are also available to meet with you outwith normal hours by prior appointment.
3. Initial Meeting: We will be happy to have an initial telephone discussion or meeting with you to decide whether we can be of assistance to you. Please ask us if you think you may qualify for Legal Aid under the Legal Advice & Assistance Scheme.
4. Instructions: Instructions may be given to us in writing or verbally or by email. We may well ask you to confirm in writing the terms of verbal instructions given to us. If there is any change in your instructions you must notify us immediately. If you wish anyone other than yourself to give us instructions or information, we will require confirmation of this in writing. Please note, an email may not be picked up by us within any specific timescale of it having been sent to us, unless it is acknowledged by the recipient, you should ensure you confirm your instructions by another method if timeous action is required.
5. Conflict of Interest: In general, we cannot act for two or more parties if they have conflicting interests. Please advise us as the outset if you are aware of potential conflicts which may arise. If we decided that we can still act (i.e. if you are one of the exceptions to the general rule) we will confirm this to you in writing.
6. Liability: Unless we agree otherwise in writing, we shall assume that where we act for more than one person but only one of them tells us what to do, that person has the authority of the other(s) to do so. Where we do act for more than one person, each person for whom we do work is equally responsible for the instructions given to us and for payment of our fees and outlays in connection with that matter. If you do not understand what this means, please ask us to explain.
7. Private Limited Companies: If we are given instructions by a private limited company then, unless otherwise agreed with you in advance, it is a condition of our accepting these instructions that the Directors are jointly and severally liable along with the Company for payment of our fees and costs and any interest thereon.
8. Confidentiality: Information passed to us is kept confidential and will not be disclosed to third parties unless authorised by you or required by law.
9. Copyright and Third Parties: All copyright in documents we produce is reserved to us. Advice given and documents prepared are for your use only and may not be copied or used by any third party without our express written consent.
10. Law Society of Scotland: Like all Scottish solicitors, we are members of the Law Society of Scotland and subject to its professional rules at all times.
11. How Long Will It Take: The nature of legal work, particularly court work, often makes it difficult to estimate precisely how long something will take to complete. When we discuss your requirements at the outset we will also discuss time scales. We do attempt to meet these – even to beat them – and always to deal with everything as quickly and efficiently as possible. Please remember that quite often the speed at which work can be completed is affected by the co-operation (or lack of it) we receive from other people outwith our control.
12. Cost: The basis on which we shall charge you fees for a particular matter will be a lump sum, or will depend on the time spent carrying out the work or in some cases a particular scale of charges appropriate to the type of work. We attach a Schedule of Charges which will let you see what we charge. In assessing the fees we take into account a number of important factors, including: the value of the transaction, the complexity and difficulty of the matter, the skill, knowledge and responsibility involved, the urgency of the matter and the place where we are required to carry out the work. We are happy to tell you at any time what the fees are to date. If the work involved turns out to be more complicated or takes longer than anticipated due to circumstances outwith our control, the fee charged may be increased accordingly. Also, for certain types of work a payment to account of our fees and/or outlays will be required before the work is initiated. We specifically reserve the right to refuse to undertake such work in the event of such payment to account not being made. In executry cases, our fees will be assessed and certified by the Auditor of Court. VAT is payable by you on all fees.
13. Estimates: Any estimate that may be given will be a probable fee based on our experience of the work you have asked us to do. If the work turns out to be more complicated or takes longer than we anticipated then we may require increase our estimate to take account of this. These are payable at the time of conclusion of a particular piece of business. If additional work or representation is required beyond that quoted for by ourselves or beyond the norm for any particular type of transaction (e.g. where complications arise or where there is a dispute either before or after conclusion - for example, in a domestic property transaction where disputes arise with the missives, there are extended negotiations before concluding missives, there is a delay in settlement caused by lack of funds, or if there is an alleged defect in a central heating system after settlement of the transaction has taken place), an additional fee may be charged appropriate to the work undertaken. We will inform you as soon as possible about this. Sometimes we will need confirmation of your ability to fund a transaction, and a deposit may be requested. Please note that should any transaction not progress to conclusion, we reserve the right to charge a fee for the work undertaken to date.
14. Accounts: We will issue our account either at the end of a matter or at regular intervals. Payment is due within thirty days of the date of account. If not paid within this time we reserve the right to charge interest on the amount overdue at 4% over The Royal Bank of Scotland Base Rate. If you do not pay our account on time, we reserve the right to stop working for you and to charge you for the full amount of work we have done for you.
15. Legal Aid: Where Legal Aid or Legal Advice and Assistance is available to cover the work we are doing for you, we shall assess your eligibility for the appropriate cover and we will explain the nature of the cover available to you and assist you in completing all of the necessary forms. In the event that you are in receipt of Legal Aid or Legal Advice and Assistance, any money recovered on your behalf may have to be paid to the Scottish Legal Aid Board. If during the course of your dealings with our firm you believe you are eligible for Legal Aid, then you must advise the solicitor dealing with your case. The onus is on you to make the application to the solicitor.
16. Expenses in Court Actions: If we act on your behalf in connection with a court action in which you are partly or wholly successful, it may be possible to recover expenses from your opponent. In practice only a proportion of your expenses are likely to be recoverable. You are liable for our fees and for outlays incurred on your behalf whether or not you are successful in an action but credit will be given for all expenses recovered from your opponent.
17. Deduction of Fees and Outlays at Source: Where we receive sums which belong to you we shall be entitled to deduct from those sums all outstanding fees and outlays before sending you the balance.
18. Sales and Purchases of Property: When you are selling property, we will deduct all outstanding costs together with our fees from the sale proceeds as soon as practicable after the date on which the sale is completed. When you are buying property, fees and costs will be payable by you by agreement, but no later than the date on which you become the owner of the new property.
19. Your File: Your file will be destroyed three years after conclusion of our Business with you unless you stipulate otherwise.
20. Incidental Financial Business: If we carry out incidental financial business for you, we are required by The Law Society of Scotland to advise you of the following terms of business:-
The firm is licensed by the Law Society of Scotland to carry on incidental financial business activities. These activities are limited in scope. For example, the financial advice provided will be obtained from a firm of stockbrokers. Our firm will not comment on their advice. The firm is not authorised by the Financial Services Authority under the Financial Services and Markets Act 2000.
The firm is covered by Professional Indemnity Insurance under the Law Society of Scotland’s Master Policy and also the Scottish Solicitors Guarantee Fund. The current limit of indemnity on the Master Policy is £1.25 million. The Guarantee Fund has unlimited liability.
Any complaint which you may have about any service provided by the firm shall be made by you direct and our Partner, Hamish Lindsay, notwithstanding that you, in addition, have a right to complain to The Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh, EH3 7YR (Tel. No. 0131 226 7411) and to complain against any finding of the Society to The Scottish Legal Complaints Commission, The Stamp Office – 10 – 14 Waterloo Place, Edinburgh, EH1 3EG (Tel: 0131 201 2130, Email: enquiries@scottishlegalcomplaints.org.uk).
21. Costs paid on your behalf: Where fees, outlays or expenses are to be paid by us on your behalf, we will endeavour to give you details of these in advance in order that you may place us in funds before the sums are due. If, however, we are unable to do so, we will require to be repaid by you within seven days of your receiving a request for payment of the appropriate sum.
22. Independent fee assessment: The Auditor of Court is always available to provide a completely independent assessment of a fair fee for any piece of legal work carried out for a client. On occasions, to ensure that a file has been correctly charged, we may voluntarily send the file to the Auditor. Unless otherwise agreed with you beforehand, we will in that event be responsible for payment of the Auditor’s fee. Should you at any time be dissatisfied with the amount of a fee charged by us, then you are entitled to ask us to have the Auditor review your file and set an appropriate level of fee for the work done. If the Auditor reduces the amount of our original fee we will only charge that reduced amount and we will pay the Auditor’s costs. If, however, the Auditor confirms that our fee is correct or undercharged, then you will be responsible for the Auditor’s costs.
23. Outstanding Monies: You are entitled to change solicitors at any time but you are responsible for the fees and any other outstanding payments due to us until the time of change. We are entitled to hold any title deeds, files or other papers until payment.
24. Dissatisfaction: If for any reason you are unhappy about the quality of service provided, or the amount of our fees, then you should, in the first instance, take the matter up with the solicitor with whom you have been dealing. Alternatively, should you prefer or if you feel your initial approach has not resolved the point, we would invite you to raise the matter with Mr Hamish Lindsay or Mr Robert Anderson who will ensure that any such complaint is fully investigated, and that you receive a detailed response within ten working days. If you are still dissatisfied you are always entitled to take the matter up with the Client Relations Office at the Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh, EH3 7YR. Any monies deposited with our Firm will be placed with the Royal Bank of Scotland Plc. If you wish your funds to be deposited with a different Bank, you will require to give us specific instructions to that effect.
25. Whole Agreement: These terms and conditions, together with the letter accompanying them and any enclosed schedule of costs, will form the whole agreement between us to carry out the work referred to in that letter.
26. Applicable Law: These terms and conditions are governed by the Law Society of Scotland and are subject to the non-exclusive jurisdiction of the Scottish Courts.

LINDSAY & KIRK
SCHEDULE
OF
CHARGING
********* I N D E X *********
PART 1 GENERAL
PART 2 PRESENTATION OFACCOUNTS
PART 3 DETAILED CHARGES EXPRESSED IN UNITS
PART 4 TABLE OF FEE CHARGES
************************
SCHEDULE OF CHARGING
PART 1 – GENERAL
1. UNIT CHARGES (“U”)
Any item may be charged according to the number of units. Time spent charged in units is on the basis that 1 unit is equivalent to 6 minutes. The value of the unit reflects the hourly rate which may be adjusted by reference to the circumstances. A list of detailed charges in units is contained in Part 3. The unit charge as at 1st January 2006 is £12.40.
2. ACCORDING TO CIRCUMSTANCES CHARGING
Any item of business, or a whole account, may be charged according to circumstances Any item of business charged by that method or by reference to units will aim to be a sum which is fair and reasonable both to us and to you, taking into consideration the following factors where relevant:-
(a) the importance of the matter to you;
(b) the amount or value of any money or property involved;
(c) the complexity of the matter or the difficulty or novelty of the question raised;
(d) the skill, labour, specialised knowledge and responsibility involved on our part;
(e) the time expended;
(f) the length, number and importance of any documents or other papers prepared or perused;
(g) the place where and the circumstances in which the services or any part thereof are rendered, including the degree of expedition required.
3. APPLYING FACTORS REFERRED TO ABOVE
(a) where time expended is the dominant factor the total time expended will be totalled and multiplied by the hourly rate;
(b) A percentage of the amount or value of the money or property involved may be added in order to compensate for the risk or indemnity element in carrying out the work. An appropriate percentage may be 0.50% of the first £100,000 with lower percentages of higher amounts;
(c) the value of the money or property involved may be the dominant factor particularly in a conveyancing transaction or an executry. The sum charged will aim to be reasonably proportionate to the value of property involved.
4. WRITTEN FEE CHARGING AGREEMENTS
In a case where the fee is agreed in writing in advance, it will not be subject to obligatory taxation. Such an agreement is required for a speculative case with After The Event Insurance.
5. VALUE OF TRANSACTION
Where the value of the transaction is the dominant factor, the value will be taken to be either the amount stated in the writ or calculated as follows:-
(a)
(i) Where, before an executed writ has been delivered, the parties to it have made a contract for the development of the subjects and the value of that contract is not reflected in the price or consideration shown in the writ, the “value” shall be the total of the price or consideration shown in the writ plus the value of the development contract.
(ii) Where before an executed writ has been delivered, the purchaser has, through us, made a contract with a third party for the development of the subjects, the value shall be the total of the price or consideration shown in the writ plus the value of the contract.
(b) If the consideration is termly or periodic payment the value shall be the capitalised value, i.e. in leases or similar contracts, the total sum exigible under the whole contract or during the first 10 years, whichever is the lesser. Where the right of a landlord to recover possession is restricted by statute, the period of the lease shall be taken to be 10 years.
(c) Where no price or consideration is stated, the value of the subject matter will be calculated according to the best evidence available. (e.g. stamp duty value, stamp duty value in any transaction within the last 3 years, last price at which property valued in the last 3 years, survey report, etc.)
(d) Where in a purchase from a local or national government body or agency the price is discounted, the gross value before discount shall be the value.
6. REVISING FEE
Where deeds are revised by us, the fee will be one half of the drawing fee otherwise specified in this schedule.
7. PARTIES HAVING DISTINCT INTERESTS
Where we properly act for more than one party in any matter or business in which several parties have distinct interests, we will charge against each party in respect of our professional responsibility for each distinct interest.
8. POSTS & INCIDENTS
This charge will cover posts, telephone and fax calls and minor outlays. It will not normally exceed 7.5%. If a courier or other specialised delivery service is used, their fee may be charged as an outlay.
9. UNCOMPLETED MATTERS
Where we have acted in any matter which has not been completed by us, we will charge for the work which has been done.
PART 2
1. PRESENTATION OF ACCOUNTS
(a) where an account is presented to you, we will normally do so in the form of a fee note indicating the amount of our fee and the matter to which it relates. If requested by you, we will give such helpful information as can readily be derived from the records but if you insist on a fully itemised account, it will be prepared at your expense.
(b) if you remain dissatisfied, our account can be lodged with an independent official called the Auditor of Court for assessment and adjudication, or “taxation” as it is known. We may have a fully itemised account prepared if you request a taxation and it may be submitted for taxation even if it is for a greater amount than the note of fee.
(c) The Auditor will charge a fee for the taxation and this is normally borne by the paying party. Any award of expenses of the taxation is wholly within the discretion of the Auditor.
(d) Taxation is necessary by law and in practice in certain circumstances, such as where we act for a liquidator, Trustee in Bankruptcy, Judicial Factor, etc.
(e) Where we have reached an agreement in writing with you as to our fees in respect of any work done, we are not obliged to concur in any requests by you for taxation, in terms of s.61A of the Solicitors (Scotland) Act 1980.
PART 3
DETAILED CHARGES EXPRESSED IN UNITS
The following unit charges may be used in any account or for part of an account where other charges are used.
1.) DRAWING
(i) Deeds, documents intended to have contractual effect, court writs (other than simple debt recovery), court pleadings, affidavits, motions of substance, financial statements and accounts, inventories (other than inventories of writs) and relative schedules, memorials for opinion are all chargeable at 5 units per sheet (a sheet is 250 words or part thereof)
(ii) where a pro-forma document has been used and variables or standard clauses inserted, the rate for that part of the document will be 3 units per sheet
(iii) other papers to include transfers, minutes of meeting, statements, routine or straightforward motions, simple debt recovery court writs will be charged at 3 units per sheet. Intimations and certificates thereof will be charged at 1.25 units
2.) COPYING – BY ANY MEANS
No charge will be made if the number of copies made in the whole matter is 50 or less. Where the number of copies is more than 50, all copies will be charged at 0.02 units per page
3.) TIME
Time spent conducting a trial, proof or formal debate hearing before a court including a tribunal, enquiry, licensing board or arbiter will be charged at 12 units per hour. All other time will be charged at 10 units per hour. Units of time are indivisible unless otherwise stated.
4.) CORRESPONDENCE
Normal letters, faxes and e-mails and letters with cheques will be charged at 1.25 units per page. A ‘page’ is 125 words or part thereof Formal letters (i.e. acknowledgements/confirmatory letters) and circulars will be charged at 0.50 units Letters of a similar nature (i.e. the same letter going to several people), for the 2nd and subsequent letter irrespective of length, the rate will be 0.50 units per page
5.) TELEPHONE CALLS
For the first 6 minutes or part thereof, 1 unit. Calls of over 6 minutes will be charged on a time basis. Formal telephone calls (acknowledging/confirming) will be charged at 0.50 units
6.) SPECIFIC ITEMS
Recording Writs, including warrant of registration, certificate of value/exemption clause where necessary, presentation of writ, receiving writ or an extract will be charged at 3.25 units Quick copies and Extracts where ordered after the date of recording will be charged at 2.25 units (where extracts of several deeds are ordered at the same time 2.25 units will be charged for the first and 1 unit for each of the others) Lending/delivering titles and other papers. Each lending – 2.25 units Inventory per sheet 1 unit
7.) ACTING AS NOTARY
Notarial Certificates and attestations and similar acts including notarising court affidavits – 3 units (this fee does not include the drawing or the revising of the documents) Notarial copies per sheet, 1 unit Maritime protests: Noting protests – 10 units, drawing instrument and necessary documents – 5 units, attendance at execution – 3 units
8.) REDEMPTION OF FEU DUTY
Issuing redemption notice or receipt or duplicate of original receipt – 3.25 units
PART 4
TABLE OF UNIT CHARGES
All work charged by qualified Fee Earners performing services on your behalf will be charged at the undernoted rates:-
NAME OF FEE EARNER UNIT CHARGE
HAMISH W.H. LINDSAY £ 16.00
ROBERT A. ANDERSON £ 16.00
MORAG STEVENSON £ 16.00
…………………………………… £
…………………………………… £
…………………………………… £
The rates listed above will be charged in relation to all work carried out by the named Fee Earner in terms of the preceding sections of this Schedule. In relation to work narrated in Part 3, Sections 1,2,3,4,5 and 6 of the Schedule we may opt to charge a blended rate of £12.40 per unit and to charge in accordance with the unit charges listed above for work charged by time only.
In matters in which we are called upon to perform services requiring particular expertise or responsibility we reserve the right to apply an uplift to our final fee after consideration of the factors narrated in Part 1 of this Schedule.
These rates will apply from 1st January 2006 until further notice and, in the normal course of events, will be reviewed on the 1st of January each year.
Last updated May 2017

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It is our aim to provide you with the best possible service, whatever your needs, in a helpful and friendly manner.