Terms of Business

Your engagement of ShenSmith Law

About us

  1. ShenSmith Law Limited (“SSL”) is a barrister-led law firm authorised and regulated by the Bar Standards Board.
  2. SSL is a separate legal entity and your contract of engagement is, therefore, directly with SSL and its barristers provide legal services on its behalf.
  3. SSL may assign any number of barristers to work on your cases who are directors, partners, members, or employees, while each barrister must also comply with his/her regulatory obligations.
  4. SSL represents individuals, companies and authorities in a full range of legal matters and provides a full-service solution including advice, representation, litigation, and negotiation.

Our services

Upon your first contact with us, our team will discuss the problem with you in detail and ascertain what steps need to be taken and whether it is a matter suitable for our assistance. Example elements of work include, but are not limited to the following:

    1. Advising in Conference (both in person and by telephone decided on a case-by-case basis).
    2. Corresponding with parties on your behalf — limited to the matter in which we are instructed and excluding the general management of your affairs.
    3. Drafting or settling witness statements and statements of case. E.g. Particulars of Claim, Defence, Defence and Counterclaim, Reply, Defence Statements, Statement of Issues, Position Statement.
    4. Drafting and reviewing contracts.
    5. Negotiating on your behalf.
    6. Representation in court (Advocacy). E.g. Preliminary hearings; case management hearings; case and cost management hearings; fact find hearings; dispute resolution appointments; final hearings; trials including small claims, fast track, multi-track, family, inquest and criminal trials, and employment tribunals.

Fees and costs

SSL does not and cannot hold client money on account. The effect of this is that fees are agreed in two ways:

    1. A fixed fee paid in advance. Fixed fees may be agreed if we can determine the amount of time it will take to complete the work and agree on the fee. In this case, you will not pay more than the fixed fee for that element of work, although subsequent work is often required, thereafter.
    2. Work on an hourly rate. If we cannot determine the full extent of the work required, we will charge you for a number of hours upfront and you will top up the hours as we progress the case, as required. In the unlikely event that we complete the work in less time than you have paid for in advance, we will refund the balance to you; in this case, you agree that we are not holding the balance on trust for you.
  1. Similarly, SSL cannot pay/receive disbursements on your behalf and you must arrange for these to be paid/received separately. E.g. court fees, expert fees.
  2. When you engage SSL, we will ask you to sign an Engagement Letter and agree to its terms.
  3. Thereafter, each element of work will be detailed and billed in a Fee Note, to be paid in advance of the work undertaken.

Running your case

What does “on the record as acting” mean?

  1. When you approach a traditional firm of solicitors and they write to third parties or their lawyers on your behalf, they take responsibility for receiving and replying to correspondence from both them and the court and complying with the relevant court deadlines. If you choose to represent yourself, you are responsible for the running of your case and you will be ‘on the record’ as a ‘litigant in person’
  2. While SSL is authorised to conduct litigation, we will not automatically be on the record as acting in your case, unless you instruct to do so, which requires an additional fee.
  3. If you remain a litigant in person, we must determine that you are competent to undertake the role of a solicitor, should you choose to conduct the case yourself — although we can, of course, assist you in many respects with drafting replies and statements of case along the way.

Timescales

  1. We aim to respond to your initial enquiry within 24 hours or sooner.
  2. We aim to provide you with a quotation for work within 24 hours of:
    1. Receiving full details about the work you require us to undertake;
    2. Receiving all documents that pertain to your matter; and
    3. You confirming the seniority of barrister you require to undertake the work.
  3. There are several things that might influence the timescale within which we and our barristers provide your legal services, including:
    1. Our availability;
    2. Your availability or that of relevant third parties;
    3. Your cooperation with enquiries and work in general;
    4. The complexity of the case;
    5. The amount of papers we need to review;
    6. The need for additional information or documents;
    7. The approach taken by the other side;
    8. Third parties intervening in the case and their cooperation; and
    9. Court waiting times.

Termination

  1. You are free at any stage to engage another firm or an authorised individual to represent you.
  2. If we decide that it is in your best interests to seek another firm or individual, we will do so without delay and inform you that we can no longer accept your instructions. However, we will render assistance in doing so if you have imminent deadlines that will cause you difficulties.

Complaints

  1. We pride ourselves on providing excellence and efficient service at all times.
  2. If at any time you have any concerns about the quality of our services, you are invited to let us know as soon as possible in order that we can address your concerns and provide you with our full client satisfaction policy.
  3. Clients can complain to LeO if they are unhappy with the final response to their complaint, or if their complaint has not been dealt with in eight weeks; and
  4. Clients who have a right to complain to LeO are individuals and, broadly speaking, small businesses and charities.
  5. The full list of who has a right to complain to LeO is available on their website: http://www.legalombudsman.org.uk/?faqs=who-can-use-our-service.
  6. “You can write to the Legal Ombudsman at:Legal Ombudsman PO Box 6806, Wolverhampton. WV1 9WJ.
    Telephone number: 0300 555 0333
    Email: [email protected]
  7. More information about the Legal Ombudsman is available on their website: http://www.legalombudsman.org.uk/.”
  8. You must complain to the Legal Ombudsman either within six years of your barrister’s actions/failure to act, or no later than three years after you should reasonably have known there were grounds to complain.
  9. You must also complain to the Legal Ombudsman within six months of receiving your barrister’s final response to your complaint.
  10. The decision data on LeO’s website shows providers which received an ombudsman’s decision in the previous 12 months. In each case, the data shows whether LeO required the provider to give the consumer a remedy. The link to the decision data on LeO’s website is http://www.legalombudsman.org.uk/raising-standards/data-and-decisions/#ombudsman- decision-data.

Barristers’ Register

  1. The link to the Barristers’ Register page on the BSB’s website is http://www.legalombudsman.org.uk/?faqs=who-can-use-our-service.
  2. The BSB’s Barristers’ Register shows (1) who has a current practising certificate, and (2) whether a barrister has any disciplinary findings, which are published on the Barristers’ Register in accordance with our policy.
  3. The Barristers’ Register page also links to the BSB’s Entities’ Register and shows which entities are currently authorised by the BSB. ShenSmith Law is a BSB-authorised Entity (Licensed Body Alternative Business Structure)