Always In your Corner
Terms and Conditions of Business
Thank you for your instruction.
Please kindly review the following Terms and Conditions of Business hereafter referred to as the “Terms”, provided to you under Solicitors Regulation Authority & Legal Aid Agency requirements.
1. OUR AIM FOR OUR CLIENTS
1.1 We aim to offer all of our clients the highest possible standard of service. Our Terms and Conditions relate to any dealings with clients, experts and third parties. KMC LEGAL AND FINANCE LIMITED (Company no. 11165407), hereafter referred to as either “KMC Legal” or “the Firm”, is a firm of Solicitors registered and qualified to practice in England and Wales and is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA number 818934 (www.sra.org.uk/srahandbook).
1.2 Miss Katie McCreath, the Director of the Firm, holds a practicing certificate as a Solicitor and Higher Courts Advocate in criminal defence matters. Miss McCreath is an IMS approved Football Association Football intermediary (Agent). The firm also has Legal Aid Agency Approved Police Station Representatives.
1.3 In respect of matters eligible for Legal Aid, we work in Partnership with law firms who do provide representation by way of Legal Aid funding, as such we will also consider if you are eligible for Legal Aid funding and discuss the options with you. Your retainer would be with them and details are set out in your client care letter where relevant. Our conduct is governed by the SRA Principles and Code of Conduct, a copy of which is available at their website. We ask that you read these Terms carefully and tell us if there is anything in them that you do not understand. These Terms, together with further information that you will be provided with during your contract with KMC Legal, constitute a contract between you and the Firm. In these Terms, any reference to “we”, “us”, “ourselves”, or “our” means the Firm. Any reference to “you” or “your” or any similar Expression means the individual, company or organisation for and on behalf of whom we are or will be acting (“the Client”).
OFFICE HOURS
The office is open 9:00am to 5:00pm Monday to Friday. We can be contacted by telephone on 0800 949 4667 or via e-mail at: defence@kmc-legal.co.uk
2. OUR COMMITMENT TO YOU
2.1 We will: -
- Provide you with an efficient, professional and effective service
- Represent your interests and keep your business confidential
- Explain to you the legal work which may be required and the prospects of a successful outcome
- Make sure that you understand the likely degree of financial risk which you will be taking on
- Keep you regularly informed of progress or, if there is none, when you are likely to next hear from us
3. YOUR RESPONSIBILITIES
3.1 You have the following responsibilities as a client:
- To inform us of any change in your address or telephone contact details, circumstances relevant to your case, again where relevant to your case, your income or assets; Terms and Conditions of Business
- To appear at the Court if so advised by us or if required by any Tribunal or Court
- To keep appointments with us or to call us in advance to cancel the appointment
- To pay the required fee, when requested, for obtaining necessary documents
- To avoid communication with opposing parties or their representatives without prior consultation with ourselves
4. PAYING FOR YOUR CASE – POLICE STATION ATTENDANCE
4.1 We offer a Police Station service available 24 hours a day, every day on a privately funded basis. If you are arrested and detained at a Police Station please contact us or inform the Police that you require representation from KMC Legal. Our standard hourly rates apply for all preparation and attendances; we may offer fixed fees depending on the matter. Our police station accredited fee earners also assist other firms on Legal Aid funded police station matters on a consultancy basis, as agents. In these circumstances, the retainer between the accused and the representative is with the instructed law firm and not KMC Legal.
5. MAGISTRATES’ LEGAL AID COSTS – DEFENCE COSTS ORDERS
5.1 If you do not qualify for Legal Aid in the Magistrates’ Court then you must pay privately for your representation.
You may, upon a successful application, have a percentage of your money returned to you if you are found Not Guilty and a Defence Costs Order is made. In this situation, we will be able to claim the Defence Costs for your representation from a fund known as Central Funds. This is, however, capped at Legal Aid hourly rates. If our full fees calculated at our private rates are not fully met by a Defence Costs Order, then you remain liable to meet the balance should there be any financial shortfall in our full bill. You will then not receive a full refund of monies paid. Invoices will be payable in terms agreed with the supervising fee earner on your matter, and if a Defence Costs Order is sought then you shall receive the relevant refund.
5.2 Given the work required to prepare files and claims for Defence Costs Orders from the Legal Aid Agency, an administration fee of 10% of the total payment by the Legal Aid Agency will be deducted prior to the refund. The securing of a Defence Costs Order does not negate payment of invoices, or cancel any agreed payment terms. The payment terms will always appear on invoices issued. Enforcement action will commence with additional fees and charges at the expiry of the payment due date.
6. CROWN COURT LEGAL AID COSTS
6.1 If your case goes to the Crown Court for trial, you will pass the Interests of Justice test. However, in order to qualify for Legal Aid, you also need to pass the means test. For cases heard in the Crown Court, your household disposable income must be under £37,500 in order to be granted Legal Aid. The same process applies for consideration by us and assisting you in securing funding with any partner firm as in the Magistrates’ Court Legal Aid costs.
6.2 If your annual household disposable income is £37,500 or more you will not be eligible for Legal Aid and will be required to pay all of your legal costs privately. Direct retainers with us are only on a privately funded basis, we do not directly provide Legal Aid funding. If you wish to instruct KMC Legal directly you will not have the option of Legal Aid funding. We will contact you to agree payment and rates.
6.3 At the end of the case, if you are found Not Guilty at the Crown Court and you have paid all defence fees on a private basis, then they may not be refunded in full. This is because the Crown Court can only make a Defence Costs Order capped at Legal Aid Hourly rates. The LAA must also agree that you did not qualify for Legal Aid and were refused the same. Despite securing a Defence Costs Order from the Court the LAA may refuse to make a payment or reduce the payment claimed. Any shortfall in our fees not recoverable under the Defence Costs Order will be taken from the payment made by yourself to us and the residual balance, if any, will be returned. Given the work required to prepare files and claims for Defence Costs Order from the Legal Aid Agency an administration fee of 10% of the total payment by the Legal Aid Agency will be deducted prior to the refund.
7. PRIVATE FUNDING
7.1 If you wish to fund your case proceedings on a private basis, please contact us to discuss the same. We will then be in a position to prepare an estimate of costs.
8. COSTS
8.1 This firm’s professional charges are calculated mainly by reference to the time spent dealing with the matter.
8.2 Our hourly rates are as follows:
- Senior Management / Grade A Solicitors: £335 plus VAT per hour
- Solicitors: £265 plus VAT per hour
- Solicitors with less than 1 year PQE, Grade B Fee Earners, and Qualified Legal Executives: £225 plus VAT per hour
- Trainee Solicitors and Senior Paralegals: £165 plus VAT per hour
- Administrative Support Staff: £55 plus VAT per hour
8.3 The above rates are charged for attendances upon yourself, witnesses and any other person attended upon in connection with your case. This rate will also be charged for all preparation.
Routine telephone calls made or received on your behalf will also be charged at the rate of £22.50 plus VAT.
8.4 Where any discount is applied on the above hourly rates, on the basis of management's discretional discount, this discount will be removed if payment of invoices is not received within the specified payment terms, usually 7 days from the date of invoice. In these cases, the discount will automatically be removed and interest will apply on late payments at the undiscounted rate.
8.5 These rates are reviewed periodically, but in a straightforward case, we may be able to agree a fixed fee for the case. The fixed fee quoted will be a global reduced fee on the basis of the expected duration of the matter and stages that it will reach. Fixed fees are provided to allow certainty of costs and aid affordability. Early resolution or settlement of the matter will not invalidate the fixed fee of any agreed payment terms for the same. Value Added Tax (VAT) will be payable upon our costs and the VAT rate is currently fixed at 20%.
8.6 Additionally you will be required to meet the costs of all disbursements in your case which is separate from our professional costs highlighted above. This may include but is not limited to travel costs, interpreter’s costs, expert’s fees, and medical reports. It is normal practice to ask clients to make payments on a monthly basis for their costs and disbursements incurred. In a matter which cannot be concluded quickly, we will send invoices to you periodically as the case proceeds. This assists you to budget for your costs as the case proceeds. If the fee is agreed in advance, our practice is to ensure we have cleared funds before attending on you at Court or commencing any work.
8.7 Accounts should be settled within 7 days or in line with the agreed payment term set out in your invoice. We reserve the right to charge interest on bills which are not paid within that time period at a rate stipulated by the Law Society.
8.8 After 30 days of non-payment, we reserve the right to cease working on your matter and incurring further costs on your file, this will be at the Director's discretion. We may be entitled to terminate the contract for non-payment.
8.9 Any percentage due in cases of success fees or conditional fee agreements must be paid by the client to the firm within 2 days of receipt, or if it is a future award, such as an annual remuneration, payment should be 2 days after confirmation of award. All success fees or 'no win no fee' agreements are exclusive of VAT in the percentage and will be subject to added VAT at invoice. There are occasions where VAT is included within the success fee, this will be set out in your client care letter and primarily relates to personal injury claims.
8.10 We shall instruct our enforcement department to recover any funds due at the board’s discretion.
9. Recovery of Fees from Settlement Funds
9.1 KMC Legal & Finance is committed to transparency and regulatory compliance in managing client funds. Our objective is to hold as little client money as possible, ensuring that clients receive their residual funds promptly. However, where our fees remain unpaid, we reserve the right to recover our outstanding costs, including any applicable interest and enforcement fees on aged debt, from settlement funds received on behalf of our client.
This applies only in the following circumstances:
- The invoice for our fees has been properly issued in accordance with our Terms and Conditions.
- The invoice has not been disputed within the timeframe set out in our Terms and Conditions.
- The invoice is overdue by more than 30 days from the due date.
10. Application of Settlement Funds
10.1 Where we receive settlement monies, damages, compensation, or any other payments on behalf of a client, and outstanding fees remain unpaid, we will first notify the client before making any deductions. Deductions will be strictly limited to the following amounts:
- Our legal fees as invoiced and overdue for payment.
- Any interest accrued on the overdue amount in accordance with our agreed terms.
- Any enforcement or debt recovery costs reasonably incurred due to non-payment.
10.2 Once these deductions have been made, the remaining balance will be transferred to the client as soon as possible, ensuring that we hold only the minimum necessary client money. This aligns with Rule 2.5 of the SRA Accounts Rules 2019, which requires solicitors to return client money promptly when there is no longer a proper reason to hold it.
11. Regulatory Compliance and Client Protection
11.1 This process is conducted in strict compliance with Rule 4.3 of the SRA Accounts Rules 2019, which allows firms to transfer client money to pay legal costs only where the client has been notified of the costs incurred and has not disputed the bill.
11.2 Relevant SRA Rules
- SRA Accounts Rules 2019, Rule 4.3:
"You may only withdraw client money from a client account if:
(a) for the purpose of making a payment to or on behalf of the client (including the reimbursement of money spent by you on behalf of the client);
(b) for the purpose of paying a disbursement on behalf of the client;
(c) for the purpose of paying costs where the client or the third party for whom the money is held has been notified of the costs incurred, or
(d) it is otherwise lawfully due to you." - SRA Accounts Rules 2019, Rule 2.5:
"Client money must be returned promptly to the client or third party for whom the money is held as soon as there is no longer any proper reason to hold those funds."
12. Client Notification and Dispute Resolution
12.1 Before making any deductions, we will provide the client with a written notification outlining:
- The amount to be deducted.
- The nature of the costs (legal fees, interest, or enforcement costs).
- The remaining balance due to the client.
12.2 If a client disputes any fees within the timeframe set out in our Terms and Conditions, we will not withdraw the funds until the dispute is resolved. This ensures fairness and compliance with SRA Principle 4 (Acting in the Best Interests of Clients) and Principle 7 (Acting in a Way that Maintains Public Trust in the Profession).
13. Client Agreement
13.1 By instructing KMC Legal & Finance, clients acknowledge and accept that if fees remain unpaid and undisputed beyond 30 days, we may recover those fees from settlement funds received on their behalf, in accordance with SRA regulatory requirements.
14. Disputing Invoices and Acceptance of Fees
14.1 At KMC Legal & Finance, we are committed to transparency, fairness, and regulatory compliance in our billing process. Clients are encouraged to review their invoices carefully upon receipt. If there are any concerns or disputes regarding the charges, the process for raising a query is set out below.
15. Timeframe for Raising a Dispute
15.1 As clearly stated on our invoices, clients have seven (7) days from the date of the invoice to raise any queries or disputes regarding the charges.
- Any invoice dispute must be submitted in writing via email within the seven-day period.
- If a client requires a detailed work log, they may request one, but this request must also be made in writing via email within seven (7) days of the invoice date.
- If no dispute is raised within seven (7) days from the invoice date, the invoice will be deemed accepted in full, and the client will be expected to settle the outstanding balance in accordance with the payment terms set out on the invoice.
15.2 Important: Disputes or queries will not be accepted by telephone, post, or in-person discussions—all correspondence regarding disputed invoices must be sent by email only.
16. How to Dispute an Invoice
16.1 Clients wishing to dispute an invoice must provide the following details in their written email request:
- Invoice Number and Date of Invoice
- Specific items or charges being disputed (e.g., time entries, disbursements, fees)
- Reason for the dispute (e.g., incorrect charge, work not performed, billing error)
- Any supporting documentation or additional information that may assist in reviewing the dispute
16.2 Where to Send Invoice Disputes:
Email: accounts@kmc-legal.co.uk
We will acknowledge receipt of the dispute within 3 working days and aim to review and resolve the matter within 14 days.
16.3 What Happens if an Invoice is Disputed?
- If a dispute is raised within the seven-day timeframe, we will review the issue, examine the relevant records, and liaise with the client to reach a resolution.
- If the dispute is upheld, we will issue a corrected invoice or credit note as necessary.
- If the dispute is not upheld, the original invoice remains payable and must be settled in accordance with the payment terms stated on the invoice.
16.4 If a dispute is raised after the seven-day period, it may not be considered unless there are exceptional circumstances.
16.5 Acceptance of Invoices After 7 Days
If no written dispute is received within seven (7) days of the invoice date, the invoice will be deemed accepted. In such cases:
- The client will be expected to pay the outstanding balance in full in accordance with the payment terms stated on the invoice.
- Any settlement funds received on behalf of the client may be used to satisfy outstanding invoices in line with Rule 4.3 of the SRA Accounts Rules 2019, provided the invoice remains undisputed and overdue.
- Interest and enforcement charges may be applied to late payments in accordance with our Terms and Conditions.
16.6 This process is designed to be fair, transparent, and compliant with the SRA Standards and Regulations. We encourage clients to communicate with us promptly regarding any concerns to ensure that all queries are resolved efficiently.
16.7 By instructing KMC Legal & Finance, clients acknowledge that failure to dispute an invoice within seven (7) days of the invoice date will result in the invoice being deemed accepted, and payment will be required in accordance with the payment terms set out on the invoice.
17. Debt Recovery and Enforcement
17.1 At KMC Legal & Finance, we are committed to ensuring that our fees are paid fairly and transparently. We encourage clients to communicate with us as early as possible to avoid unnecessary enforcement action. However, where an invoice is overdue by 40 days or more without an agreed payment plan, it will be referred to our Finance & Enforcement Team, which is separate from our Accounts Team.
Once enforcement proceedings commence, clients will be liable for all associated enforcement costs, including solicitors’ fees, court fees, and any instructed counsel’s fees where applicable.
18. Debt Recovery & In-House Enforcement Process
18.1 If a client fails to engage and payment remains overdue beyond 40 days, the following recovery process applies:
Step 1: Final Payment Demand (Pre-Litigation Stage) – Solicitor’s Letter
- A Final Payment Demand is issued by our Finance & Enforcement Team, setting out:
- The outstanding balance.
- Any accrued interest and enforcement costs.
- A final 7-day deadline to settle the invoice before legal action begins.
- Estimated Solicitor’s Fee: £100 + VAT
- Total Estimated Cost Payable: £100 + VAT
Step 2: Formal Letter Before Action (LBA) – Legal Demand for Payment
- A Letter Before Action (LBA) is issued, warning that court proceedings will commence if payment is not received within 14 days.
- Estimated Solicitor’s Fee: £250 + VAT
- Total Estimated Cost Payable: £250 + VAT
Step 3: County Court Proceedings – Issuing a Claim
Debt Amount Estimated Court Fee Estimated Solicitor's Fee Total Estimated Cost Payable
£500 - £1,000 £70 £300 + VAT £370 + VAT
£1,001 - £5,000 £205 £500 + VAT £705 + VAT
£5,001 - £10,000 £455 £750 + VAT £1,205 + VAT
£10,001 - £50,000 5% of claim value £1,250 + VAT Varies
Over £50,000 5% of claim value £1,750 + VAT Varies
Step 4: County Court Judgment (CCJ) Application
- If the client fails to respond or loses in court, we will apply for a County Court Judgment (CCJ).
- A CCJ is recorded on the client’s credit file for six (6) years, impacting their ability to obtain credit, loans, and mortgages.
- Estimated Solicitor’s Fee: £300 + VAT
19. Enforcement of the CCJ – Recovering the Debt
Enforcement Method Estimated Court Fee Estimated Solicitor's Fee Total Estimated Cost Payable
High Court Enforcement £71 + HCEO £750 + VAT £821 + HCEO fees + VAT
Officers (HCEO) - charges
Bailiff Action
Attachment of Earnings £110 £250 + VAT £360 + VAT
Order - Salary Deduction
Charging Order Against £255 £500 + VAT £755 + VAT
Property
Third Party Debt Order £110 £500 + VAT £610 + VAT
Freezing Bank Accounts
Statutory Demand & £1,500+ £1,500 + VAT £3,000 + VAT
Bankruptcy Proceedings
20. Legal Fees for Solicitors & Counsel
20.1 Depending on the size and complexity of the debt, we may instruct external counsel or additional solicitors to assist in the recovery process.
- If external legal representation is required, the client may be responsible for all associated legal fees.
- The cost of counsel’s fees will depend on the value of the claim and complexity of the case, and these fees will be recoverable from the client in full.
20.2 As each case is unique, we cannot estimate these costs in advance, but clients will be notified of any additional legal costs incurred during the enforcement process
21. Interest on Outstanding Invoices
21.1 In line with SRA guidance, we apply interest on all outstanding invoices:
- Statutory Interest: 8% per annum from the due date.
- Late Payment of Commercial Debts (Interest) Act 1998: 8% plus the Bank of England base rate (higher rate).
Interest is calculated daily and continues to accrue until the full amount is paid.
22. Independent Legal Advice
22.1 If a client is subject to enforcement proceedings, we strongly advise that they seek independent legal advice. KMC Legal & Finance cannot act for clients in enforcement matters against themselves, and we recommend they consult:
- A debt management solicitor
- The Citizens Advice Bureau
- A regulated financial advisor
22.2 Failure to engage in enforcement proceedings may result in further costs, legal action, and financial consequences.
23. Communication is Key – Avoiding Enforcement
23.1 We do not wish to take enforcement action unless absolutely necessary. Our priority is to assist clients in resolving their invoices without legal escalation. However, where clients fail to engage, refuse to pay, or ignore communication, we will pursue enforcement to the fullest extent of the law.
24. To avoid enforcement action:
Contact accounts@kmc-legal.co.uk before your invoice becomes overdue.
By instructing KMC Legal & Finance, clients agree to these terms and acknowledge that all legal and enforcement costs incurred will be payable in full if an invoice remains unpaid beyond 40 days without an agreed payment plan
25. MINIMUM CHARGE FOR NEW OR DORMANT MATTERS
25.1 In accordance with our commitment to providing high-quality legal services, KMC Legal implements a minimum charge policy for all work undertaken by our firm. This policy applies to new matters or matters that have been dormant (inactive) for a period of six weeks or more, and where work is to be recommenced.
25.2 A minimum charge equivalent to one hour of our standard fee will be applied to any such matter. This charge is levied to cover the necessary preparatory work, administrative tasks, and compliance obligations associated with either initiating a new matter or reactivating a dormant file.
25.3 We recognise that even dormant files require ongoing oversight to remain compliant with our obligations under the SRA guidelines. Additionally, when a file has been inactive for an extended period, our fee earners must spend time reviewing the file to effectively reacquaint themselves with the case details before re-commencing work. This process ensures that we continue to provide the highest standard of service to our clients.
25.4 In instances where the preparation or attendance time for a particular matter is less than one hour, the time spent will be rounded up to one hour. This is to account for the time and resources invested by our fee earners in reviewing and updating the file to bring it up to current standards.
26. RETAINERS
26.1 We do provide corporate legal support on the basis of a retainer. Terms of the retainer can be discussed however they are largely payable as a fixed fee on a monthly basis. Any legal support is inclusive of general day-to-day business support including HR, contractual matters and personal matters (subject to conflict checks). Please note that any court proceedings and subsequent litigation does not come under the terms of the retainers and will be chargeable separately in addition to any disbursements or advice of Counsel. Any advice or Advocacy due to litigation will be charged at our hourly rate unless otherwise agreed by both parties in writing.
27. CONFIDENTIALITY
27.1 Everything on your file will be kept confidential. As part of quality check on our work, the Solicitors Regulation Authority and other authorised bodies such as the Legal Aid Agency and the Law Society may ask to see your file but they will also keep the contents confidential. We may write to other agencies but we will obtain your consent first.
You may be asked to sign an authority form, which will allow us to obtain information such as copies of your medical records, but we will only obtain this information if it is relevant to your case.
28. Recovery of Fees from Settlement Funds
28.1 KMC Legal & Finance is committed to transparency and regulatory compliance in managing client funds. Our objective is to hold as little client money as possible, ensuring that clients receive their residual funds promptly. However, where our fees remain unpaid, we reserve the right to recover our outstanding costs, including any applicable interest and enforcement fees on aged debt, from settlement funds received on behalf of our client.
28.2 This applies only in the following circumstances:
- The invoice for our fees has been properly issued in accordance with our Terms and Conditions.
- The invoice has not been disputed within the timeframe set out in our Terms and Conditions.
- The invoice is overdue by more than 30 days from the due date.
29. Application of Settlement Funds
29.1 Where we receive settlement monies, damages, compensation, or any other payments on behalf of a client, and outstanding fees remain unpaid, we will first notify the client before making any deductions. Deductions will be strictly limited to the following amounts:
- Our legal fees as invoiced and overdue for payment.
- Any interest accrued on the overdue amount in accordance with our agreed terms.
- Any enforcement or debt recovery costs reasonably incurred due to non-payment.
29.2 Once these deductions have been made, the remaining balance will be transferred to the client as soon as possible, ensuring that we hold only the minimum necessary client money. This aligns with Rule 2.5 of the SRA Accounts Rules 2019, which requires solicitors to return client money promptly when there is no longer a proper reason to hold it.
30. Regulatory Compliance and Client Protection
30.1 This process is conducted in strict compliance with Rule 4.3 of the SRA Accounts Rules 2019, which allows firms to transfer client money to pay legal costs only where the client has been notified of the costs incurred and has not disputed the bill.
30.2 Relevant SRA Rules
- SRA Accounts Rules 2019, Rule 4.3:
"You may only withdraw client money from a client account if:
(a) for the purpose of making a payment to or on behalf of the client (including the reimbursement of money spent by you on behalf of the client);
(b) for the purpose of paying a disbursement on behalf of the client;
(c) for the purpose of paying costs where the client or the third party for whom the money is held has been notified of the costs incurred, or
(d) it is otherwise lawfully due to you." - SRA Accounts Rules 2019, Rule 2.5:
"Client money must be returned promptly to the client or third party for whom the money is held as soon as there is no longer any proper reason to hold those funds."
31. Client Notification and Dispute Resolution
31.1 Before making any deductions, we will provide the client with a written notification outlining:
- The amount to be deducted.
- The nature of the costs (legal fees, interest, or enforcement costs).
- The remaining balance due to the client.
31.2 If a client disputes any fees within the timeframe set out in our Terms and Conditions, we will not withdraw the funds until the dispute is resolved. This ensures fairness and compliance with SRA Principle 4 (Acting in the Best Interests of Clients) and Principle 7 (Acting in a Way that Maintains Public Trust in the Profession).
32. Client Agreement
32.1 By instructing KMC Legal & Finance, clients acknowledge and accept that if fees remain unpaid and undisputed beyond 30 days, we may recover those fees from settlement funds received on their behalf, in accordance with SRA regulatory requirements.
33. AUTHORITY, REGULATION AND PROFESSIONAL INDEMNITY INSURANCE
33.1 The Firm is regulated by Solicitors Regulation Authority, and is covered by Solicitors’ Compulsory Professional Indemnity Insurance.
Details of this insurance are available on request.
34. DATA PROTECTION
34.1 Any information we hold about you will be kept in accordance with the Data Protection Act 2018. You are entitled to see this information and ask us to change anything that is not correct. Please contact us if you wish to see this information. The Information is confidential and will only be disclosed to third parties if:
- You have authorised us to release that information
- We are required to do so by law
- The information is required by our Regulator in accordance with quality control procedures
34.2 KMC Legal is a data controller for the purposes of GDPR, this means that we are responsible for how we hold and use personal information about you.
34.3 Katie McCreath is our designated data protection officer and can be contacted at katie@kmc-legal.co.uk. Personal Data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
34.4 We may collect, use, store and transfer different kinds of Personal Data about you including, but not limited to, identity data, contact data, financial data, and data concerning the your case, general instructions and the legal services provided by us.
34.5 We may also process sensitive personal data in connection with the legal services provided which includes information concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation and data regarding criminal convictions.
34.6 We will collect personal information about you and any relevant third parties during the engagement process, either directly from you or sometimes from your permitted agents and representatives. We may also collect additional information about you from third parties including the police, court service, crown prosecution service, parole board, Legal Aid Agency, experts & consultants, family members, connected individuals and other agents or public bodies who may be involved in the conduct of your case. Additional personal information may be collected during the course of your relationship with us and any subsequent instructions we may receive.
34.7 KMC Legal will only use your personal information when the law allows us to. Most commonly, we will use your personal information: where we need to perform the contract we have entered into with you (or in order to enter into such a contract); where we need to comply with a legal obligation; where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or where it is necessary for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings), the purpose of obtaining legal advice, or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
34.8 Please note that some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information. Generally, we do not rely on consent as a legal basis for processing your personal data and we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. If it becomes necessary to obtain your consent, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of any contract with us that you agree to any request for consent from us and you will be able to withdraw your consent at any time.
34.9 We need all the categories of information listed above primarily to allow us to provide you with legal services, as per your instructions.
34.10 We will keep your information confidential and will only use it for the purpose(s) for which it was provided or as is permitted in law (i.e. for dealing with complaints or regulatory investigations). Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a contract you have with us but we will notify you if this is the case at the time. We may have to share your data with third parties.
34.11 We will only share your personal data with third parties where required by law, where it is necessary to administer the contract you have with us or where we have another legitimate interest in doing so. This may include barristers; experts; and others who we need to instruct to assist us with your matter, the Legal Ombudsman (if you complain about our services) and the Solicitors Regulation Authority (the statutory body that regulates Solicitors). In doing so we will always take care to ensure that your information remains confidential and safe. We will liaise with you during your case about which experts, barristers and other third parties we instruct on your behalf.
34.12 Sometimes we ask other companies or people to undertake tasks on our files to ensure this is done promptly (for example photocopying/scanning). If you are a client under the Legal Aid scheme then we may be required to share some or all of that information with the Legal Aid Agency and / or with our quality assurance auditors. We may need to share some or all of your information with quality assurance auditors for the purposes of their assessment of whether we are adhering to quality standards. Any examination will be strictly controlled and will be shared for the sole purpose of ensuring that our handling of your matter meets the requirements of the quality standard.
34.13 We use diary system which shares a database of appointments with other criminal defence firms of Solicitors which are regulated by the Solicitors Regulation Authority. No details of cases are shared. Details of names, dates and times of appointments are not routinely shared or accessible by other firms or employees of those firms. However, in certain agreed circumstances, usually to ensure that we are able to correctly allocate and ensure the prompt attendance of appropriately qualified and experienced staff to each and every police station attendance or court hearing, authorised individuals may be permitted to interrogate the whole appointments database.
34.14 To facilitate the most efficient use of this system, appointment information is not routinely anonymised but in the event that you do not wish for appointments in relation to your case to be recorded on this system and/or if you would like us to anonymise any appointment information held on this system, then please ask us and we will discuss your request and implement the solution that best serves your needs, including protecting your confidential information.
34.15 All third parties in the United Kingdom and the EU are subject to the provisions of the GDPR or similar regulations in relation to your Personal Data and we do not authorise third parties to use your Personal Data for their own purposes. The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. We will only transfer data outside the EEA where permitted to do so by law including where the necessary safeguards are in place such as standard contractual clauses approved by the European Commission or where the European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection. If you have any questions about the transfer of data outside the EEA, please contact us for further information. The GDPR requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction.
34.16 We ensure that reasonable security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data. We have also put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so. If you have any questions about our current organisational and technical security procedures, please contact us for further information.
34.17 We will retain your information for a reasonable period or as long as the law requires. Please see further below under the section Retention of Data, Storage of Papers and Return of documents.
35. FILE OPENING
35.1 For compliance with our SRA obligations and anti money laundering checks, upon opening a file, we shall request Identification documents, both for proof of identity (photographic ID) and proof of address. We also may request proof of origin of funds on significant payments.
36. LIABILITY
36.1 Our liability to you in relation to our breach of your instructions shall be limited to £3,000,000.
We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses or any damages, costs or losses attributable to lost profits or opportunities. We can only limit our liability to the extent that the law and professional rules of the Solicitors Regulation Authority allow. In particular we cannot limit our liability for death or personal injury caused by our negligence.
37. WHAT TO DO IF YOU ARE DISSATISFIED
37.1 We hope that you will be satisfied with the efficiency and effectiveness with which we deal. We are a firm that tries to give a personal service to our clients. In the event that you are dissatisfied with any aspect of our service, please mention it at once to the person dealing with your case. They will try hard to resolve your dissatisfaction. If your concern cannot be resolved in the first instance, please contact us on accounts@kmc-legal.co.uk.
37.2 We will seek to investigate your concerns and to resolve the same. If your concerns remain unresolved at this stage, please set out your complaint in writing and send it to the Complaints Manager, Lucy Allen of KMC Legal, Dunston Dairy Farm, Dunston, Staffordshire, ST18 9AB (lucy@kmc-legal.co.uk), who will do her best to resolve your problem and will, in any event, write to you formally within 7 days to acknowledge the complaint. Our firm has a complaints procedure, a copy of which is available on request.
37.3 At the conclusion of our firm’s complaints process, if you are not satisfied with our handling of the complaint you can complain to the Legal Ombudsman. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about our complaint or within six years of the act or omission about which you are complaining occurring (or if outside this period, within three years of when you should reasonably have been aware of it). You can contact the Legal Ombudsman by telephoning: 0300 555 0333, or e-mail them at: enquiries@legalombudsman.org.uk, or in writing to PO Box 6806, Wolverhampton, WV1 9WJ.
37.4 We hope that you will find these details helpful and we will be more than happy to assist you if there is any further information that you require.
38. COMMUNICATION BETWEEN YOU AND US
38.1 We will aim to communicate with clients by such method as they may request. We do accept documents by email. We may need to virus check discs or e-mails. Unless instructed otherwise, we will communicate with others when appropriate by post, e-mail, or fax but we cannot be held responsible for the security of correspondence and documents sent by such media.
39. IDENTITY, DISCLOSURE AND CONFIDENTIALITY OF BUSINESS
39.1 All advice given to clients is entirely confidential, but:
Money laundering regulations may require disclosure of confidential information by law. Please note that we accept no responsibility for any loss, howsoever caused, arising from compliance with the money laundering provisions of the Proceeds of Crime Act 2002 and any amending legislation.
The Solicitors Regulation Authority and other supervisory bodies may call for a file which is the subject of a complaint.
39.2 A court order can compel disclosure of confidential material in certain circumstances.
39.3 Solicitors are under a professional and legal obligation to keep the affairs of the client confidential. This obligation, however, is subject to a statutory exception: legislation on money laundering and terrorist financing has placed Solicitors under a legal duty in certain circumstances to disclose information to the National Crime Agency.
39.4 Where a Solicitor knows or suspects that a transaction on behalf of a client involves money laundering, the Solicitor may be required to make a money laundering disclosure. If, while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or of the reasons for it.
40. TERMINATION
40.1 Instructions may be terminated at any time. Termination of instructions must be in writing, to be effective. After completing any work, we are entitled to keep all papers and documents while there is money owing to us for our charges and expenses. We may terminate your contract with us only if there is a good reason to do so. Such reasons might include, but are not limited to:
- If you fail to provide us with prompt and realistic instructions such that we no longer feel we are able to act in your best interests
- If you ask us to act in an improper or unreasonable way
- If you are abusive or violent towards any member of our staff
- If your conduct is in breach of our policy relating to Equality & Diversity
- If you fail to pay a bill of costs or if you do not provide monies requested on account by us in order to undertake work on your matter
40.2 If a conflict of interest arises, we ask you to respect the fact that the extent of the work that we are able to undertake on your behalf may be limited, either by the amounts that you are able to pay on account of costs or by the scope.
40.3 There will be times in your case when it is neither helpful nor possible to provide you with any more or different information in relation to your case.
40.4 There may also be times when it is not helpful or possible to be able to answer multiple telephone calls, emails or other forms of correspondence within a short period of time. If you are a privately paying client, then the extent of the specific client care that we are able to provide will be dependent, to a degree, on the amount that you wish to spend on your legal representation.
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