1 - Law Society of Scotland Rules and Guidance on Fees

Summary

Notwithstanding any rule of court or legislative requirement in relation to solicitors’ fee charging, a solicitor has a professional obligation to issue a client with a letter of engagement in terms of the client communications section of the Law Society of Scotland’s practice rules and guidance 2011, s. B4 of which provides:

4.1 In this r. 4, unless the context otherwise requires, terms listed in the first column of r. 4.1 shall have the meanings respectively ascribed to them in the second column of that rule:

4.2 When tendering for business or at the earliest practical opportunity upon receiving instructions to undertake any work on behalf of a client, you shall provide the following information to the client in writing:

• (a) an outline of the work to be carried out on behalf of the client;

• (b) save where the client is being provided with legal aid or advice and assistance, details of either—

  • (i) an estimate of the total fee to be charged for the work, including VAT and outlays which may be incurred in the course of the work; or

  • (ii) the basis upon which a fee will be charged for the work, including VAT and outlays which may be incurred in the course of the work;

• (c) if the client is being provided with advice and assistance or legal aid—

  • (i) where advice and assistance is being provided, details of the level of contribution required from the client, and

  • (ii) where civil legal aid, special urgency work or advice and assistance is being provided, an indication of the factors which may affect any contribution which may be required from the client or any payment which may be required from property recovered or preserved;

• (d) the identity of the person or persons who will principally carry out the work on behalf of the client the identity of the person whom the client should contact if the client becomes concerned in any way with the manner in which the work is being carried out; and

• (f) confirmation that if that person is unable to resolve any such concerns to the satisfaction of the client, the client may make a complaint to the Scottish Legal Complaints Commission (setting out its current contact details) about the manner in which the work is being or has been carried out, or the conduct of the person or persons carrying out the work.