Terms of Business

Terms of Business 2013

1. I will provide legal services on the following terms and will give your affairs all proper professional skill, care and attention.

2. In appointing me to act on any matter in accordance with your instructions you are also authorising me to take any steps I consider necessary to protect your interests in that matter, unless you instruct me to the contrary, and to incur reasonable disbursements on your behalf. I will charge you a 20% administration fee on top of any disbursements incurred and paid by me.

3. My fees are based on the various criteria laid down by statute, regulation and most importantly the Terms of Business letter and schedules attached. Figures provided by me of likely fees and disbursements are given only as a guide to assist you in budgeting and cannot be treated as a firm quotation unless expressly agreed in writing. I usually request payment in advance, on account of fees and disbursements, by way of retainer if not working under a consultancy agreement.

4. I will send you either a monthly fee note, invoice or request for payment. Each one is a final bill. VAT will be charged if applicable. My fee notes, invoices or requests for payment are due for payment in full upon presentation. I reserve the right to charge interest on amounts outstanding at 1% per month from date of delivery if the fee note, invoice or request for payment is not paid within 14 days. You may pay direct into my bank account. Every fee note, invoice or request for payment will be accompanied by payment instructions. If you pay by bank transfer you must pay all charges and remit in sterling (and pay any conversion costs or commission).

5. You may withdraw your instructions at any time by written notice to me. I may withdraw on giving you written notice where I have reasonable grounds to do so (including failure by you or your associates to settle requests for payment or invoices in full within fourteen days or to make retainer payments in advance when so requested). I also reserve the right to suspend work on the same grounds, by written notice to you. I will keep all your papers unless I am paid in full. This is a contractual term in addition to my lien. Withdrawing instructions however will not remove your obligation to make payment for the balance of fees due or remainder of the Consultancy period or notice period thereof. If you dispute an invoice, fee note or request for payment you must pay it in full in any event. I will reimburse you if the dispute is resolved in your favour.

6. I do not hold money on client account.

7. I reserve the right, and you agree, that I may, to keep all your papers, documents and funds, irrespective of the matter to which they relate, until all fees and disbursements owed by you or your associates, in respect of any other matters are paid in full.

8. I will return all files and other papers relating to your matters upon completion. You should then keep them for at least 8 years after completion of the matter following which you may destroy them without further notice to me, unless I have previously asked you in writing to keep them for longer. If you do not want the papers returned I will arrange their destruction.

9. These terms apply to you and your associates, which for these purposes includes all companies, trusts or equivalent entities, which you control, or which control you, or which are in common ownership or control with you.

10. I may vary these terms from time to time on reasonable written notice to you. If you continue to give instructions after notice you are contractually deemed to have agreed the new terms and rates.

11. If you have any comments or concerns about the services that I provide, please speak to me. I operate a written internal complaints procedure. There are conciliation services provided by the Law society if we cannot resolve.

12. By accepting these terms of business either by (1) countersigning them or (2) receiving them and then subsequently giving instructions on them, you accept that in the event of my negligence the amount of your claim is limited to the greater of £4,000,000.00 or the upper limit of my professional indemnity insurance in force at the time of the claim. I currently maintain professional liability insurance in the sum of £4,000,000. Save as provided under the Misrepresentation and Unfair Contract Terms Act, or any amendment or re-enactment thereof, my liability to you the client for any loss, injury or damage of any nature whatever, whether direct or consequential, including without limitation in respect of negligence or breach of my duty to you is hereby limited to such sum in respect of any one claim or series of related claims, except in the case of fraud, where no limit shall apply. You may request that at the your expense I take out top up cover to such limit as you shall require.

13. This contract is subject to Isle of Man Law and you and I agree to submit to the jurisdiction of the Courts of the Isle of Man. We agree to submit to small claims arbitration in respect of any dispute for £100,000 or less.

14. Indemnity and save harmless. You agree to indemnify and save harmless John Wright Advocate and not seek to make John Wright Advocate vicariously or personally liable for the acts and mistakes he may commit as an employee or the owner of John Wright Legal Consultant Limited such that any claim you may have arising out of work done or services provided by John Wright Legal Consultant Limited acting through John Wright Advocate the individual shall lie solely against John Wright Legal Consultant Limited.

15. Whilst I still maintain a practising certificate as a solicitor for England and Wales I only accept instructions as an Isle of Man Advocate and member of the Manx Bar unless I have specifically agreed to act as an English Solicitor, in writing, and the case demands that I act in that capacity. Without my written agreement in my terms of engagement letter, signed by both me and the you client, I will not be deemed to be acting as an English Solicitor just by virtue of the fact that I advise on English law, or in relation to an English case or matter. FURTHER we specifically agree that in respect of all matters where I am acting as a Manx Advocate and have not agreed in writing that I am acting as an English Solicitor we will submit all disputes or complaints about how I have performed my professional duties toward you to the Isle of Man Law Society and the Advocates Disciplinary Tribunal and not to the SRA or Legal Ombudsman.

16. DEFINITIONS “My” or “I” or “me” refers to the Limited Liability Company John Wright Legal Consultant Limited Incorporated in IOM with number 009159 V and not to John Wright Advocate as an individual and to any staff employed by John Wright Legal Consultant Limited.

Contact Details

John Wright - John Wright Legal Consultant Limted

Oikyn yn Waag, 16 Willowbrook Gardens, Douglas, Isle of Man. IM2 2QQ

T: + 44 1624 611999 | M: + 44 7624 494640
F: + 44 1624 627344

Email: mail@johnwright.co.im

John Wright Legal Consultant Limited. Incorporated in Isle of Man 009159V. Incorporated Legal Practice. Recognised and Regulated by Isle of Man Law Society.
Registered Office and practising address:- Oikyn yn Waag 16 Willowbrook Gardens Douglas Isle of Man IM2 2QQ
© John Wright Legal Consultant Limited. All Rights Reserved.