Terms and Conditions

These Terms and Conditions form a binding legal agreement between you and Clarefield. They outline your obligations as a client and the terms under which we provide legal services. Please read them carefully.

1. Scope and Agreement

1.1 Formation of Agreement

These Terms and Conditions apply when you engage Clarefield to provide legal services. The agreement is formed when:

• You accept our written terms of engagement for a specific matter
• We confirm our acceptance to act on your behalf
• All necessary conflict checks and regulatory requirements are satisfied

1.2 Binding Nature

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with any matter-specific terms outlined in your engagement letter.

2. User Obligations

2.1 Honesty and Disclosure

You agree to:

• Provide complete, accurate, and truthful information about your matter
• Disclose all facts material to your case, even if you believe they may be unhelpful
• Inform us promptly of any changes to your circumstances that may affect your matter
• Not withhold information that could impact the advice we provide

2.2 Timely Communication

You are responsible for:

• Responding to our requests for information within reasonable timeframes
• Providing documents and evidence when requested
• Keeping us informed of your contact details and availability
• Attending meetings and appointments as scheduled

2.3 Legal Compliance

You agree to:

• Comply with all applicable laws and regulations
• Not use our services for any unlawful purpose
• Follow our advice and instructions regarding legal procedures
• Refrain from actions that could prejudice your legal position

2.4 Professional Conduct

You agree to:

• Treat our staff with courtesy and respect
• Not make unreasonable demands or engage in abusive behaviour
• Maintain confidentiality of privileged communications
• Cooperate in good faith throughout the matter

3. Financial Obligations

3.1 Fees and Charges

You agree to:

• Pay our fees as outlined in your engagement letter
• Reimburse disbursements and expenses incurred on your behalf
• Pay invoices within the specified payment terms
• Notify us promptly if you have concerns about fees

3.2 Payment Terms

Unless otherwise agreed:

• Invoices are payable within 14 days of the invoice date
• Late payments may incur interest charges as permitted by law
• We may suspend work if invoices remain unpaid beyond the due date
• You remain liable for fees even if you terminate the engagement

3.3 Fee Estimates

Any fee estimates provided are given in good faith based on information available at the time. Actual fees may differ if circumstances change, additional work is required, or unforeseen complexities arise. We will inform you of any significant variations from the estimate.

4. Our Responsibilities and Services

4.1 Professional Standards

We will:

• Provide legal services with reasonable skill and care
• Act in your best interests within the scope of our engagement
• Maintain professional standards required by our regulatory body
• Keep you informed of progress on your matter

4.2 Scope of Service

Our services are limited to:

• The specific matter outlined in your engagement letter
• Areas of law in which we have expertise and are authorised to practise
• Work performed during the period of our engagement

4.3 Communication

We will communicate with you through your preferred method (email, telephone, post) as specified in your engagement letter. You are responsible for ensuring we have current contact information.

5. Liability and Warranties

5.1 Limitation of Liability

Subject to applicable law:

• Our liability is limited to losses directly caused by our negligence or breach of contract
• We are not liable for losses arising from circumstances beyond our reasonable control
• We are not liable for advice on matters outside the scope of our engagement
• Our liability for any claim is limited to the amount recoverable under our professional indemnity insurance

5.2 No Guarantee of Outcome

We cannot guarantee:

• Specific outcomes or results in your matter
• How courts, tribunals, or third parties will decide
• The actions or decisions of opposing parties
• Changes in law or circumstances that may affect your matter

5.3 Third-Party Actions

We are not responsible for the actions, errors, or omissions of third parties, including barristers, expert witnesses, court officials, or other parties involved in your matter.

Important Note: Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.

6. Confidentiality and Data Protection

6.1 Confidentiality

We maintain strict confidentiality regarding your matter, subject to:

• Legal and regulatory obligations to disclose information
• Your express consent to share information
• Requirements of professional indemnity insurance
• Prevention of crime or protection of legal rights

6.2 Data Protection

We process your personal data in accordance with our Privacy Policy and applicable data protection laws. Please refer to our Privacy Policy for detailed information about how we handle your data.

7. Termination

7.1 Your Right to Terminate

You may terminate our engagement at any time by giving written notice. Upon termination:

• You remain liable for fees incurred up to the termination date
• You must pay any outstanding invoices
• We will provide your file to you or your new solicitor upon request
• We may retain copies as required for regulatory compliance

7.2 Our Right to Terminate

We may terminate our engagement if:

• You breach these Terms and Conditions
• You fail to provide instructions or information requested
• You fail to pay invoices when due
• A conflict of interest arises that cannot be resolved
• Professional regulations require us to withdraw
• You engage in conduct we consider unreasonable or abusive

8. Disputes and Complaints

8.1 Complaints Procedure

If you are dissatisfied with our services:

• Contact us directly to discuss your concerns
• Put your complaint in writing if the issue is not resolved informally
• We will investigate and respond within a reasonable timeframe
• You may escalate to the Legal Ombudsman if you remain unsatisfied

8.2 Resolution

We are committed to resolving complaints fairly and efficiently. Most issues can be addressed through open communication and mutual understanding.

9. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, government actions, strikes, wars, pandemics, or technological failures. We will notify you of such circumstances and resume performance when possible.

10. Assignment

You may not assign or transfer your rights or obligations under these Terms and Conditions without our written consent. We may assign our rights to receive payment or transfer your matter to another qualified solicitor within our firm as appropriate.

11. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to hear any disputes arising from these terms or our engagement.

If you are a consumer resident in Scotland or Northern Ireland, you may bring proceedings in your local courts.

12. Severability and Entire Agreement

12.1 Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.2 Entire Agreement

These Terms and Conditions, together with your engagement letter, constitute the entire agreement between us regarding your matter. They supersede any prior discussions, representations, or agreements.

13. Modifications

We may update these Terms and Conditions from time to time. Any changes will be communicated to existing clients and will apply to new engagements. The version in effect at the time you engage our services will govern that particular matter.