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CRIMINAL DEFENCE MK SOLICITORS
CLIENT CARE AGREEMENT

This Agreement is between you, & Criminal Defence Solicitors.
The following agreement sets out the terms on which Criminal Defence Solicitors has agreed to act for you.
Please read it very carefully.  If there are parts 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 - Money Laundering/Security
In common with most banks and professional advisors we are required by law to conduct identification checks on Clients even when they are known to us personally or 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.  Your failure to do so will entitle us to terminate your retainer with us forthwith.  We hope this will not inconvenience you. 
SECTION B - People you will be dealing with

Please contact paddy Mullaney (paddy@cdmk.co.uk) for details of current staff.


SECTION C – Fees

Fees are calculated on the basis of an hourly rate.
The rates are as follows:
Solicitors - £250.00
Non-Solicitors - £200.00
Routine telephone attendances and letters are charged at one-tenth of the hourly rate on the basis they average six minutes.
Lengthy telephone attendances and letters are charged at the hourly rate.
Disbursements are costs normally from third parties incurred by us on your behalf, for example Counsels fees and Enquiry Agents.  You will be invoiced for such costs.
You may be charged out of pocket expenses such as postage, telephone, photocopying and fax where such use is substantial.
VAT is payable on all professional fees and most other costs.
SECTION D - Costs 
We are required to provide you with the best information possible about the likely costs of the case.  It is often difficult to predict in advance all the work required in carrying out any particular matter but based on our experience we recommend that you budget our fees at between £2,000 and £4,000 plus VAT.  We will update the cost estimates and inform you if it appears the estimate may, or will be exceeded.
We also have to consider whether the likely outcome will justify the expense or risk involved.  The Solicitor dealing with your case will deal with this issue with you personally and confirm it in writing if you so request. 
If you are acquitted of all the charges made against you we may be able to recover your costs from central funds.  There is no guarantee that even if you are acquitted of all the charges against you that any or all of your costs will be recovered from central funds and you remain liable for payment of our costs whether any are recovered or not. 
If you are acquitted of all the charges and the Court makes an Order for payment of your costs from central funds the Court will pay those costs directly to us and we reserve the right to retain all of that payment on account of any fees still owing by you to us.  Any fees held on account in excess of our final bill will be refunded to you by us shortly following receipt of the monies from the Court.
We reserve the right to submit interim bills periodically throughout your case
SECTION E - Charges 
If you consider our charges to be unfair you have the right to have them assessed by the Court which is a process called Taxation of Costs.
We will discuss with you the fee that will be incurred in drafting and submitting this claim as it arises, but it is likely to be a sum of £400 or 2% plus VAT, whichever is greater.  This is supplemental to your fees for the defence work.  
We cannot indicate what proportion, or indeed if your fees, will be refunded.  We say this as the National Taxing Team, who govern the assessment of fees for reimbursement, have complex rules they are governed by which dictate the sums they can pay out, and all of these can be found on their website and are calculated at Legal Aid rates.  
Interest will be charged at the rate of 1.25% on bills not paid after 30 days from the date of its delivery to you.  We shall retain any interest on costs recovered from any third party insofar as such costs together with any interests as may be due shall not already have been paid.
Interest will be paid on monies held by us on your behalf under the terms of the Law Society Rules. When the service provided in handling client money is out of the ordinary it would be subject to an administration charge of £25 plus VAT, which we will identify to you.
If in the course of the matter we pay out monies on your behalf against uncleared funds we reserve the right to charge interest on the monies we have paid out at the rate of 4% over the current base rate of Nat West Bank Plc.
SECTION F - 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 the case.
SECTION G - 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 six 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 make a reasonable charge for the delivery of the file and for chargeable work involved with complying with your instructions being a minimum of £50 plus VAT.
SECTION H - Documents 
If you have left with us any documents or exhibits for safekeeping a list of those items will be attached to our file.  If you send or bring to this office any document or exhibit, please ensure that it is in some way clearly marked with your Solicitor’s name or for the Solicitor’s attention.  If your case involves motoring offences, please make sure that you bring your driving licence to Court on each occasion.
SECTION I - Date Protection 
As part of our commitment to improve the quality of the service to our Client we carry out Clients surveys from time to time.  We may therefore provide your name and address to a market research who will be undertaking research on our behalf.  We confirm that the Client confidentially rules relating to your case would not in any way be breached.  If you do not wish us to release your name and address for this purpose, please write to us.
SECTION J – 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 K - VAT Identification Number

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

SECTION L - 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 M - 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 N below.

 

SECTION N - 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 P Data Controller 

Paddy Mullaney 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 – 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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