Price Transparency Policy

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Introduction

The Firm is regulated by the Law Society of Scotland. The Law Society has issued guidance on what is called “Price Transparency”. This relates to information which should be made available to clients and potential clients about fees, outlays and costs that may be incurred when instructing a solicitor. The guidance is in place for all firms in Scotland that provide legal services on a private client basis.

We aim to be open with all clients regarding the costs incurred for the services provided by the Firm. At the point of providing instructions, or when considering whether to instruct our Firm, a solicitor will always endeavour to provide a clear indication of the likely costs to be incurred. We will always provide Terms of Engagement (TOE’s) at point of engagement which will provide the following information:

  • An outline of the work to be done;
  • An estimate of the total fee or the basis upon which the fee will be charged including VAT and outlays;
  • Details of any contribution towards Legal Advice and Assistance or Legal Aid and details of the effect of preservation or recovery of any property if relevant;
  • Who will do the work and
  • Who the client should contact if they have any concerns or complaints

We can also provide illustrations of the potential costs which can be incurred though it is important to always bear in mind that every legal case is different in its requirements and difficulties.

It is always important to remember that VAT has to be charged on top of fees. Please remember, that the VAT element is not kept by the Firm but is simply passed on to the Government. Additionally it may be a reasonable anticipation that outlays will be incurred, for example, court costs, the costs for registration dues etc. These costs are a necessary part of the work to be done. We will do our best to identify them to you in advance and will notify you of any costs to be incurred before we incur liability for them on your behalf.

Should the amount of work required mean that fees are likely to increase significantly or additional outlays are due, your Solicitor will advise in advance of work being undertaken.

Our Schedule of Charges sets out the basis of d and h’s professional charges:

https://www.dandhlaw.co.uk/about/schedule-of-charges

Hourly Rate per Fee Earner

The number of hours spent on your case will be determined by the complexity and the unique circumstances of your case.  We will discuss the likely cost of your case with you at our initial meeting. If additional costs arise due to unforeseen circumstances, we will discuss this with you at the earliest opportunity and we will advise you of any increase in cost that may arise.

The hourly rate does not include any outlays that may be required.  These are variable depending on the nature of the case.  We will discuss what these may be at our initial meeting.

Please see our Schedule of Charges at: https://www.dandhlaw.co.uk/about/schedule-of-charges

Advance Directive

Preparation of an Advance Directive would normally incur a fixed fee (including VAT). If a husband and a wife or other civil partners wish an Advance Directive in similar terms it is likely that a reduced charge will be made for the second Advance Directive. We can arrange home visits although additional charges will be incurred. There are usually no outlays incurred in the preparation of an Advance Directive.

Conveyancing

The rates for our services are based on the value of the property being purchased or sold. Upon client request we will present a fee estimate that will outline the professional fee’s including VAT at 20% and any outlays that may be incurred during the transaction.

Employment Matters

The fee to clients will vary depending on the complexity of the case.  We will provide you with a fee estimate including VAT at 20% following an initial consultation to discuss your particular matter. Outlays may also be incurred dependent of the nature of the case.

The time spent on your case also impacts significantly on the price.  More complex cases will require more time.

Executries

This work can be feed at an hourly rate or a fixed fee basis dependant on the level of work to be undertaken. The fee estimate for the professional fees element will include VAT at 20%. Outlays will be required and noted in advance of any work being undertaken. Where we are not conducting work under a fixed agreement then we will have our file Audited for the purposes of fixing a fee. Auditing is an independent assessment of the level of the fee.

Guardianship

Legal Aid is available for Guardianship applications where there is a welfare element.  When there is a financial element and the Adult has assets over £18,000 then we will ask that our fees are paid from the Adult's estate.  When this happened the fees are assessed by the Court.  If legal aid is not available then work is charged in terms of our Schedule of Charges Hourly Rate per Fee Earner.

Family Law, Mediation, Negotiation, Commercial Litigation & Debt Recovery

Your solicitor will discuss with you the best course of action and fee’s whether based on an hourly rate, fixed fee (including VAT at 20%) plus any outlays that may be incurred.

Terms of engagement will be issued as outlined in the introduction.

We will not charge for the initial consultation if we are engaged to act in the matter

Power of Attorney (POA)

Preparation of a POA would normally incur a fixed fee (including VAT). If a husband and a wife or other civil partners wish POA’s in similar terms it is likely that a reduced charge will be made for the second POA. There is an outlay for registering the POA with this Office of the Public Guardian that will be charged in addition to the fixed fee. We can arrange home visits although additional charges will be incurred.

Trusts

Work is fee’d on a fixed fee basis including VAT at 20% and outlays will be apply. A fee estimate will be provided in advance of any work being undertaken.

Rural Property & Agricultural & Crofting Law

This is an extremely specialist area of Law. All matters are referred to your Solicitor for an initial free consultation. Your solicitor will then provide a fee estimate for consideration noting professional fee including VAT at 20% and any outlays that are anticipated. The same process will be followed as noted in the introduction.

Wills

Preparation of a Will would normally incur a fixed fee (including VAT). If those in a committed relationship wish Wills in similar terms (mirror Wills) it is likely that a reduced charge will be made. We can arrange home visits although additional charges will be incurred. There are usually no outlays incurred in the preparation of a Will.

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