1.   General Introduction

All work undertaken by LCS Legal Services Group Ltd and its subsidiaries (the Company) for its Clients (the Client) is governed by these Terms and Conditions of Business (Terms). It is the responsibility of the Client to ensure that all information provided is accurate and complete, and all Clients are reminded that it is their responsibility to check all documents thoroughly before signing. Under no circumstances should a document be signed unless a Client thoroughly understands the contents and is satisfied with the contents.

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2.   Responsibility for Your Work

Where we have taken your Instructions for Wills or other Estate Planning related services, including where any Client has entered into any of our Lifetime agreements, the Operations Director will allocate your work to a member of the Operations Department who will be responsible for your work. For Estate Administration or other legal work, a named professional in the Operations Department will be responsible and will be your principal point of contact. That person will be identified in our acknowledgement letter or email together with details of any other persons nominated to handle your work.

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3.   Fees and Disbursements Costs

Our fees are as specified in the Instruction Document or Agreement or Initial Letter or email and are either based on a fixed fee arrangement for a specific type of work or charged on an hourly basis. Disbursements such as Land Registry and Probate and Probate Application costs and other statutory and necessary costs are charged in addition. The cost of all services and method of charging will be confirmed in writing. Fees are payable either upfront, when your work is successfully concluded or when a non-fixed fee transaction is completed. If any transaction does not proceed to completion for any reason during the period in which we are instructed, then we shall be entitled to charge for the work completed up to date of termination. VAT at the prevailing rate is chargeable in addition unless otherwise stated on the Initial Letter or Agreement or Receipt. Any work not falling within the agreed remit will be chargeable either at a fixed additional cost or on an hourly rate according to the agreement made with the Company. Where your work is charged on an hourly rate basis and unless otherwise agreed, those fees will be charged in accordance with the time spent dealing with your work. Our current hourly rates, which are subject to VAT in addition, will be provided to you as part of the quoting process.

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4.   Payment of Fees and Disbursements

Unless your work is charged on a pro-forma basis you will be invoiced either when we have completed the work necessary or, if the matter is a lengthy one and it is more appropriate to invoice on a periodical basis, staged payments will be required. We may send you interim bills where work is carried out over a period. This avoids a build-up of fees and helps you to budget for costs as the matter proceeds. The timing and the amount of the interim bills will depend on a variety of factors but will reflect our work done for you reaching an appropriate stage and the proportion of the total work having been undertaken. A final account of our charges and expenses will be sent to you at the end of the work. You permit us to deduct our charges and expenses, whether interim or final, from any money we are then holding on your behalf. In accordance with normal practice, where the work has not been pre-paid we may ask you to pay an initial amount on commencement of any matter, as well as further periodic sums, to be held on account of our fees and disbursements and require additional payments on account to cover our costs and expenses as the matter proceeds. We reserve the right to suspend work and to retain documents and papers belonging to you or your associates, irrespective of the matter to which they relate, until all sums outstanding to us are paid. Please note that in cases where you may have a legal agreement with another party, including legal expenses insurance, that they will pay your expenses, you remain primarily liable for our fees. You may also pay by Credit/Debit cards, by Klarna, or by other means as the company uses.

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Disbursements (out of pocket expenses)

If payments are due to third parties (i.e. Land Registry fees, Search fees, Court Fees, Court of Protection fees, Probate Registry fees, etc.) we have no obligation to make such payments unless you have provided us with the funds for that purpose and we may ask you for payment in advance to enable us to pay these third parties. If there are additional disbursements these will be notified to you in writing.

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5.   Service commitment

We will endeavour to:

•   Represent your interests and keep your work confidential.

•   Explain to you the legal work which may be required and keep you informed.

•   Make sure that you understand the costs involved in your work being completed.

•   Keep you regularly informed of progress or when you are next likely to hear from us on progress.

•   Try to explain everything clearly, but please let us know if you need anything explaining in greater detail.

•   Respond to your queries promptly.

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Instructions

To enable us to handle the work properly on your behalf, you agree to provide us with complete, accurate and truthful instructions and to supply these and any such further information as we may request within a reasonable period of time of our requesting such information.

 

Where instructions have been received from you either in writing or verbally at a client interview, over the telephone or via video, where necessary we will confirm those instructions to you in writing. You are authorising us to take necessary steps to protect your interests in carrying out your instructions (unless you instruct us in writing to the contrary) and we shall not be responsible for any failure to guide or comment on any matter which falls outside the scope of your stated instructions. Where you are instructing us as spouse/cohabitees/partners we will require such instructions from all parties in writing with your signature to confirm the instruction.

 

Hours of Business

Our normal opening hours are from 9.00am to 5.00pm Monday to Friday (subject to change). We do not normally provide our services outside of these hours of business except where we have made prior arrangements with you.

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6.   How you can help us

Your responsibilities to us are to provide clear, prompt and accurate instructions and to provide the necessary information in order to progress your case, to advise us of any important time limits, to put us in funds promptly and when requested, and to tell us promptly of any changes to your circumstances that may affect your instructions to us.

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7.   Anti-Money Laundering Laws and Regulations in Force

Proof of Identity

We are required under the Money Laundering Laws and regulations in Force, to obtain satisfactory proof of identity from all Clients. You will be required to let us have one item of photographic identification and one item confirming your address which should be no more than three months old. This also applies to Executors and Beneficiaries of deceased estates.

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Cash and Cheques

Our Company’s policy is usually only to accept cash up to £1000. If money is deposited directly with our bank without our prior agreement, we may charge you any additional checks we may decide are necessary regarding the source of the funds.

 

We cannot pay any money due to you, either to you or to anyone else, in cash. Any money due to you, during or at the end of your transaction, will be paid to you by cheque or bank transfer. We reserve the right to make a reasonable charge for the cost of sending money by bank transfer.

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Third Party Receipts and Payments

We reserve the right to make additional checks if money due from you is received from a third party or if you ask us to send money due to you to a third party instead of to you. We may refuse to accept money from or send it to a third party.

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8.   The Data Protection Act

We have a professional duty of confidentiality in relation to information held about you and your affairs. The General Data Protection Regulations require us to advise you that your particulars are held on our database. We use your personal data for the provision of our services to you, for related purposes including updating and enhancing client records, for keeping you updated with regards to your matters, providing marketing information, analysis to help us manage our practice, and statutory returns and Legal and Regulatory Compliance. Our use of your information is subject to your instructions, the Data Protection Act, and our duty of confidentiality. Please note our work for you may require us to give information to third parties such as other professional advisers. You have a right of access under the Data Protection Regulations to the personal data that we hold about you. Our electronic data may also be backed up to a third-party provider of this service. Unless you confirm otherwise, we may, from time to time, use your details to send you information which we think might be of interest to you.

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9.   Client Confidentiality

We may also be required to produce all or part of your file to our auditors and other assessors as part of an audit or quality check. These external organisations are required to maintain confidentiality in relation to your files. In the event of a claim against us it will be necessary for us to show our file to our Professional Indemnity Insurers.

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10.     Financial Services

Although our Company is regulated by the Financial Conduct Authority (FCA) to undertake certain activities, we are not Financial Advisors. Therefore, any client requiring IHT advice, Tax Planning, Mortgages, Pensions, Investments, Life Cover, or other Financial Services will be referred to our Associate Independent Financial Advisors with the permission of our client.

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11.     Complaints

If you have any comments or concerns about the service we provide to you or wish to discuss any aspect of your matter, then please contact the person handling your work or the identified paralegal with responsibility for your work, or failing that our Operations Director. We will try to resolve any problem quickly. We operate a formal complaint handling procedure, and any complaints should be addressed to the Operations Director at office@lcslegal.co.uk

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12.     Money held by us

Money held by us for you, whether on account of fees or disbursements or otherwise, will be placed into our Client Account. Where we act as Executor or Trustee, (whether in a capacity as Officers of the Company or of an associated Company), the money will be held in our Client Trustee Account. These accounts are non-interest-bearing account. All such money shall be paid to the recipient(s) as soon as practicably possible.

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13.    Termination of our Services

Except for monthly paid plans, you may end your Contract at any time by contacting us (including by email). We may also decide to cease acting for any reason in accordance with these Terms. If this Contract ends before the work is completed, no additional penalty is payable solely because of termination. However, we shall be entitled to charge you for fees earned and expenses incurred up to termination, calculated in accordance with the Our Charging Policy section below.

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Unless prohibited by law, we may retain papers and documents while you owe us any money for fees and expenses.

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Monthly paid "Lifetime Service" / "Ultimate Lifetime Service" / "Bundled Packages" are treated as monthly paid plans. Ending this Contract does not automatically terminate any separate plan confirmation or any third-party consumer credit/finance agreement. If the client cancels after the 14-day statutory cancellation period, any obligations under the Lifetime Confirmation and any Consumer Credit Agreement will continue in accordance with their terms.

 

14.     Our Charging Policy

In order to provide a clear and transparent Charging Policy, if either party decides to cease acting for any reason before the Contract has been completed, after the appropriate statutory cancellation period has expired (or where you have asked us to start work during that period), our charges will be calculated by reference to the work actually carried out and costs incurred, as follows:

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Matter Set-Up Fee: Once we begin opening your matter and carrying out onboarding and compliance steps (including lead generation, file opening, conflict checks, any required AML/ID checks, set-up on our systems and administration connected with your instruction), we will earn a fixed Matter Set-Up Fee of £100 plus VAT (where applicable). This amount is deducted first from any monies paid and will not exceed the total fixed fee for the matter.

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Stage-based charges: after deducting the Matter Set-Up Fee (if earned), the remainder of the fixed fee (the "Remaining Balance") is earned by reference to the stages completed, expressed as a percentage of the Remaining Balance:

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​Disbursements and additional costs: any disbursements or third-party costs already incurred are payable in addition and are non-refundable once incurred.

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If you have paid a sum on account of costs, we will apply it against the fees earned and costs incurred up to termination. Any balance due from you must be paid. If monies paid exceed the fees earned and costs incurred, we will refund the difference.

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15.     Storage of Documents and Files

Files and other papers relating to your work will be stored for such time as we judge reasonable. We may store your file or papers (excluding Deeds and Securities) digitally and destroy the original paper copy. Otherwise, your file will be retained for the minimum period as appropriate to the type of transaction. This is at least 6 years after the date of the final bill. At the end of the appropriate storage period your file (excluding Deeds and Securities) will be destroyed without further reference to you. Until such time as the papers are destroyed, they may be returned to you upon request, provided there are no sums outstanding in respect of our fees and disbursements. We provide a safe custody service in respect of Wills, Trusts, Deeds and other Securities and reserve the right to charge you for this service and notice of those charges will be provided by the person responsible for your work. Those charges may be payable on a monthly or annual basis. We do not make a charge for retrieving stored papers and deeds and files where a monthly/annual storage fee is payable (as above). In all other cases we reserve the right to make a reasonable charge for time spent retrieving old files or papers relating to completed matters and for any time spent in reading the file, providing copies of files, writing letters, releasing Wills, Deeds and other Securities from safe storage, or doing any other work at your request. Our charges will vary according to the time spent but will be calculated based on the time spent plus the costs of any photocopying and postage with a minimum fee of £50+ VAT and postage. We require 7 working days prior written notice for release of Wills, Deeds, Files, and other Securities (which may be stored off site). Payment must be paid prior to release of documents.

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16.     Value Added Tax

Except for fixed cost services our charges exclude VAT, which will be in addition chargeable at the applicable rate and any estimates or indications of our charges or taxable disbursements exclude VAT.

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17.     Extent of our Liability

You acknowledge and agree that if you wish to make a claim relating to or in connection with the services provided by us, the claim can only be brought against the Company and not against the individual members, officers or employees. Our total liability to you for any breach of your instructions and arising out of the Services is limited to the amount recoverable under our Professional Indemnity insurance for the relevant claim. We will not be liable for any consequential, special, direct, or indirect or exemplary damages, costs, losses, or any damages, costs, or losses attributable to lost profits or opportunities. We can only limit our liability to the extent the Law allows. We cannot limit our liability for death or personal injury caused by our negligence. We will not be responsible for any increased liability falling on us by reason of any limit which you may agree with any other adviser, or which may otherwise fall on us by reason of any contributory negligence of any other person against whom you do not make recovery for any reason.

 

This is relevant where we and other persons may be liable in respect of the same damage. In these circumstances, our liability will be limited to such sums as we ought reasonably to pay, having regard to our responsibility for the damage (within the meaning of s2(1) of the Civil Liability (Contribution) Act 1978) and on the basis that such other persons are deemed to have paid having regard to their own responsibility for it and disregarding any limitation which you may have agreed with them, any subsequent extension of your claims against that person or the fact that such person has ceased to exist.

 

If you agree to limit the liability of such persons, or if the claim against them lapses or becomes extinguished for any reason or is not pursued by you or such persons fail to satisfy any judgement obtained by you, we will not be liable to you for more than the net amount we would have paid, after allowing for the amounts you would otherwise have been entitled to recover from such other persons.

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18.     Custody Services

Where we receive documents of title on your behalf these will be held in safe custody which will be registered in your name. We shall record separately when those documents are received by us and when they are sent out by us and those documents will be separately identified in your name. Appropriate instruction from you as to the retention or dispatch of such documents will be given by you in writing.

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19.     Notice of the Right to Cancel

This Notice has been provided to you because you have entered into a contract to which The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 (the Regulations) apply. These Regulations apply to Contracts made on or away from our usual place of business as well as Contracts made at a distance, for example, over the telephone or via internet services. You may view these Regulations in full at www.gov.uk/bis. The contract is for the supply to you of our services. The person providing the services is referred to in the Regulations as ‘the trader’. Under the Regulations, you have the right to cancel this contract if you wish to do so. To exercise your right to cancel the contract, you need to deliver or send a cancellation notice, that is, a written notice that you wish to cancel the contract.

 

Any cancellation notice should be delivered or sent by recorded delivery to the Operations Director at LCS Legal Services Group Ltd,1A Millennium Building, Dawlish Business Park, Dawlish, Devon EX7 0NH.

 

You have 14 days in which to serve a cancellation notice and this begins with the date when you receive the Notice. The 14-day period is referred to in the Regulations as ‘the cancellation period’. Under the Regulations, a cancellation notice is treated as being served as soon as it is sent or posted to the trader. For the purposes of Schedule 4 of the Regulations the ‘Reference Number’ shall be the date and any reference as shown on the Instruction Form.

 

The ‘date’ of the Notice shall be the date your Instructions are signed by you and which shall be effective immediately thereafter. If you agree in writing that the performance of this contract should begin before the end of the cancellation period, then even if you cancel you may still be required to pay for the service supplied. If you wish to cancel this contract, you must do so in writing within 14 days and, if necessary, by using the Cancellation Form on the Agreement.

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20.     Variation

At the absolute discretion of the Company these Terms may be subject to any variation.

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21.     At the end of our Work

We will write confirming the conclusion of it, explain any continuing consequences, render our account unless we have already done so and account to you for all money due from you or to you, let you have any papers and property for which you ask and to which you are entitled, subject to any right to retain them if our account has not been paid.

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22.     Intellectual Property

You shall not copy or use or distribute to any third party any marketing material you receive from us nor cause or permit anything which may damage or endanger the Intellectual Property Rights owned by us in relation to such material.

You acknowledge that the Documentation we supply to you including, without limitation, the content in the form of data, text, graphics and information is protected by copyright, trademarks or patents and shall only be used as expressly set forth in these Terms. Unauthorised copying, use, duplicating, reproduction, modification, distributing or any other misuse of our work and documents is strictly prohibited.

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23.     Associates

Where the Client is a business owner or has Associates, these Terms shall apply to you and your Associates, which for the purpose of the same Terms includes all Associates and Companies which you control, or, if you are a Company forming part of a group, all Companies and Businesses in that group.

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24.     Governing Law

Any dispute or legal issues arising from these Terms will be determined by the Law of England and Wales in force and considered exclusively by the English and Welsh courts.

 

 

 

Privacy Notice

LCS Legal Services Group Ltd is committed to the protection of Client personal and sensitive information. We do not share any information with third parties unless we are specifically authorised to do so or must do so to conform to legal and regulatory requirements. Our full Privacy Notice is available on our website or accessible by writing to our Head Office. Although our Company is regulated by the FCA to undertake certain activities, we are not Financial Advisors, therefore any Client requiring IHT Advice, Tax Planning, Mortgages, Pensions, Investments or Life Cover will be referred to our Associate Independent Financial Advisors, with the permission of our client.

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We fully acknowledge and adhere to the Financial Conduct Authority Consumer Duties Regulations in supporting vulnerable clients and those who are affected by the impact of the cost-of-living crisis.