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Criminal Defence Milton Keynes Solicitors is a Limited company. Harriett Mather is the sole director.

 

BETWEEN:  Criminal Defence MK Solicitors and you. 
The following agreement confirms the work that we have agreed to undertake on your behalf, and sets out the key points relating to the operation of the Criminal Defence Service.
Please read it very carefully.  If there are parts that you do not understand or with which you do not agree, please let us know as soon as possible so that we can clarify them.

SECTION A- Status and name of people you may be dealing with

Please contact paddy Mullaney for a list of current staff delaing with your case.

SECTION B - Advice and Assistance Scheme.

If we are advising you under the Advice and Assistance Scheme, you will be entitled to advice up to the financial limit of £300.00. This limit is inclusive of our costs, disbursements and Counsel fees but exclusive of VAT. You will not have to pay this.  The limit can be increased if necessary and if it is we will advise you.  

2.    The Advice and Assistance Scheme does not entitle you to representation at Court.  If you wish to be represented at Court we will help you to apply for a Representation Order.  Please see Section C below. 

3.    Public funding may not be available for all types of criminal work as the Court will make a decision as to whether to grant a Representation Order based on the interests of justice test.

 

SECTION C - Application for a Representation Order

1.    The application for public funding describes the type of matter that you are facing and helps the Court to make a decision as to whether a Representation Order should be granted in the interests of justice. 

2.    If the Court grants your Representation Order you will be informed immediately. Your application for representation is means tested.  However if you are in receipt of income support, income based job seekers allowance or guaranteed state pension credit you will receive a Representation Order.  If you are in employment it is vitally important that we receive a wage slip that is no more than six weeks old so that we can begin to complete the application for representation. Further financial details are likely. 

3.    If the Court refuses your application for public funding on the interest of justice ground there is a right to have the refusal reviewed.  We will advise you about this if necessary.

4.    If you are publicly funded you will be under a continuing obligation to keep the Court and ourselves informed about any changes in your address and or financial circumstances. Failure to do so may result in your Certificate of Public Funding being withdrawn and you being potentially liable for refunding the cost of any work done under this certificate to the Legal Services Commission. If you are granted public funding we will only be covered to represent you within the defined scope of the Representation Order.  Should you require any additional work done we will make a separate arrangement with you.

SECTION D - Crown Court Costs 

Your defence costs are covered by a Representation Order which is paid for by state funds.  The Judge who deals with your case has the power to order you to pay prosecution costs and your defence costs.  The prosecution costs are not within our control.  For informational purposes we will provide you with a six monthly costs update of our fees.  Defence Recovery Costs Orders are extremely rare but we are obliged to keep you updated of our costs. If you plead guilty the costs are likely to be between £500 and £1,000.  If you plead not guilty the costs are likely to be in the region of £1,000 to £5,000. 

SECTION E - Prosecution costs

If you are being prosecuted for an offence and you are convicted the prosecution may well make an application for an order for costs against you at the conclusion of the case.  How much this will be is impossible to tell but it is common for the Court to make orders of this nature against defendants and you should be aware that you could be ordered to pay some or all of the prosecution costs in this case.

SECTION F - Withdrawal of Representation

1.    The Court has the right to withdraw your Representation Order.
2.    Or, if you decline to accept the Order in the terms which are offered.

SECTION G - Time estimate

It is impossible to give an accurate estimate as to how long your case will take to conclude.   However, as a guide we have written to you under separate cover advising you how long we estimate your case will take.
SECTION H - Costs up to the point of Representation Order

1.    If your application for a Representation Order is refused and you decide to instruct us privately, we will send you a separate Client Care Agreement setting out our charging rates.

2.    If you are not being advised under the Advice and Assistance Scheme, then you will be liable to meet the costs involved in the preparation of your case up to the point at which a Representation Order is granted at the rate of £80 per hour.

3.    Routine telephone attendances and routine letters will be charged at one tenth of the hourly rate each (on the basis that they average 6 minutes) together with mark-up.

4.    The mark-up will be 20% - 50%, save that there will be no mark-up on travelling and waiting.   In certain circumstances, e.g. if the case is complicated, the mark-up may be more, but only then subject to prior notification.

SECTION I - Closure of files

At the conclusion of your case your file will be costed and after paying all outstanding fees it will go into storage. Your file will be kept in storage for 6 years after which it will be destroyed unless we receive your written instructions to the contrary. 

In order to answer queries in the future after the file has been closed and placed in storage, we will normally make a reasonable charge for the delivery of the file and for chargeable work involved with complying with your instructions, being a minimum of £30 plus VAT.

SECTION J - Documents

If you have left with us any document or exhibit for safekeeping a list of those items will be attached to our file.  If you send or arrange to bring to this office any document or exhibit, please ensure that it is in some way clearly marked with my name or for my attention.  If your case involves motoring offences, please make sure that you bring your driving licence to Court.

SECTION K - Identification 

In common with most banks and professional advisers we are required by law to conduct identification checks on clients even where they are known to us personally or have had dealings with us in the past. You will be asked to bring in papers to prove your identity and address which we will need to copy and keep on file. Your failure to do so will entitle us to terminate your retainer with us forthwith. We hope that this will not inconvenience you.

SECTION L – Complaints Resolution

If you are unhappy with the way your matter has been handled or the services you have received please contact Harriett Mather immediately.  We want to know if you are dissatisfied.  At Criminal Defence MK we aim to offer all our clients efficient and effective service.  However should there be any aspect of our service with which you are unhappy:-

 

Tell us if you feel you are not receiving the service you hoped for.  We can try to put it right, and will look into it promptly and thoroughly by contacting Harriett Mather at Criminal Defence MK Solicitors, 62 Queensway, Bletchley, Milton Keynes, Bucks, MK2 2SA  or by e-mailing h.mather@cdmk.co.uk.

If for any reason we are unable to resolve the problem between us, then we are regulated by the Legal Ombudsman who provide a complaints and redress scheme.  You can contact them by telephone on 0300 555 0333 (Please note all calls are recorded) by e-mail enquiries@legalombudsman.org.uk or by post P O Box 6806, Wolverhampton WV1 9WJ.

Please note complaints to the Legal Ombudsman must be sent to their office no later than 3 months after the conclusion of your case.

SECTION M - VAT Identification Number

In compliance with Regulation 8(1) of the Professional Rules the firm’s VAT Registration No. is 934037142.

SECTION N - Indemnity Insurance Details

Under Regulation 8 (1) (n) The firm is required to hold indemnity insurance the details of which are as follows: 

Insurance Provider:    Travelers Insurance Company Ltd

SECTION O - Professional Rules

We as a firm are duty bound to abide by the Professional Rules as governed by the Solicitors Regulation Authority.  Details of which can be found following the links as detailed in Section P below.

SECTION P - Code of Conduct

The Solicitors Code of Conduct can be sought at the following address:  Solicitors Regulation Authority, The Cube, 199 Wharfside Street, Birmingham B1 1RN or alternatively it can be accessed via e-mail www.sra.org.uk  Click on the blue wording Code of Conduct which will then show you the Code of Conduct index.  Click onto the rule in question and this will reveal the subsections (if any) under the heading which can be assessed by clicking on the wording of the subsection required.  The code is available only in English, at present.

 

Section Q – Your Data

In the course of working for you we will need to collect use and share your personal information. 

If you have questions about this please contact 
             Paddy Mullaney (He is the firms Data Controller)
   by email ( paddy@cdmk.co.uk), 
   phone (01908 379225), or by 
   post (62 Queensway Bletchley Milton Keynes MK2 2SA). 


Section Q (i) – What Data Do We collect

Name, address, date of birth, contact information (telephone and email where
appropriate) National Insurance number (where appropriate) , marital status 
(where appropriate)
• Identity information and documentation 
• Details of your means. This includes, but is not limited to 
Income details, such as wage slips and benefit details
Asset details such as bank accounts
Property details such as rental agreements or mortgages
• We are also required to collect data relating to equal opportunities 

• Additional information in relation to your matter. This will depend on the type of
legal work you instruct the firm to undertake.


The same categories of information may also be obtained from third parties, such as
members of Chambers, experts, members of the public, witnesses, courts and other
tribunals, suppliers of goods and services, investigators, government departments,
regulators, public records and registers.  


It may also be necessary to collect the above information for your family members.
For instance your partner and dependants if applying for legal aid.

Section Q (ii) – Why We Collect Your Data

We collect your data for 2 reasons
It is necessary for us to hold it to perform our contract 
We re legally obliged to do so in order to provide legal representation for you

Section Q (iii) – Sharing your data

It is necessary for us to share your data. This does not affect your rights to confidentiality or obligations to you under legal privilege. We will need to share your data with the Legal Aid Agency, Ministry of Justice and other organisations with in the Criminal Justice System. We do so in order to obtain funding for you, and in the proper management of your case.

Section Q (iv) – Storing your data

Your data will be stored in paper files and/or electronically. At the completion of your case your physical file will saved to computer and destroyed. Your computer record will be saved for 6 years, then destroyed. 

Section Q (v) – Accessing your data

If at any time you would like a copy of your data please contact the office.

Section Q (vi) – Concerns and Complaints about your data

If you have any concerns at all about us holding your data, we would ask that you contact us immediately in order for us to address your issues. 


Paddy Mullaney is the data controller. You can contact him by 
   by email ( paddy@cdmk.co.uk), 
   phone (01908 379225), or by 
post (62 Queensway Bletchley Milton Keynes MK2 2SA). 

However anyone here will be able to take details of your problem. 

 

CONTACT US

  • Telephone 01908 379225
  • email help@cdmk.co.uk
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Telephone 01908 379225

Email           help@cdmk.co.uk

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