We have set out below an example of our Terms of Business a client of JustRight Scotland would receive.
What You Can Expect from Us
WHO WE ARE
JustRight Scotland is a legal organisation established in April 2017 by an experienced group of human rights lawyers, working towards a new model of collaborative social justice. We aim to help individuals realise human rights and to reduce inequality by working together with other organisations to pool our expertise and resources.
JustRight Scotland is a Scottish Charitable Incorporated Organisation (SC047818). We will be providing legal services to you through our limited liability partnership, JustRight Scotland LLP (SO 305962). Any income that we make from providing legal services, after payment of outlays, will be donated by JustRight Scotland LLP to the SCIO, JustRight Scotland.
We aim to:
- work with you to understand what help you would like from us;
- listen to your concerns and treat you with fairness and respect;
- give you high-quality advice and explain your options clearly, in a way that you understand;
- work quickly and efficiently, in a professional way;
- tell you about our progress regularly and also tell you about any likely delays; and
- get back to you quickly when you have a question.
HOW WE WILL CONTACT YOU
We will discuss with you how you would prefer us to contact you: by letter, email, fax, phone or, if you prefer, through a professional who is working with you.
If your contact details change, please tell us as soon as possible.
IF YOU ARE NOT HAPPY WITH OUR SERVICE
If you are not happy with the quality of the service we have given you, please discuss your concerns first with the partner responsible for your work. If you are still not happy, or if you prefer to do so, please raise the matter with our Client Relations Partner, Jen Ang, on 0141 406 5353 or at email@example.com. Jen will make sure that any complaint you make is fully investigated and that you get a detailed response, normally within 10 working days.
If your solicitor is Jen, then please make a complaint to our other Partner, Kirsty Thomson, on 0141 406 5352 or at firstname.lastname@example.org.
If you are still not satisfied, you have the right to take the matter up with the Scottish Legal Complaints Commission (SLCC) at The Stamp Office, 10-14 Waterloo Place, Edinburgh, EH1 3EG by ringing 0131 201 2130 or visiting their website https://www.scottishlegalcomplaints.org.uk. You must make your complaint to the SLCC within six months of the date of our final decision on your complaint.
WHAT WE ASK OF YOU
To help us deliver our best service to you, please:
- give us all relevant details of the work you want us to do for you;
- tell us about any changes or events important to your legal case when they happen;
- update us with your current address and contact details so that we can reach you quickly, especially if we have to meet important deadlines; and
- give us your instructions when we need them to move on with your work.
If you don’t do this, your work may be delayed or it could affect your position (for example, if you miss a deadline you could lose your right to make a claim). We will not be responsible for anything that happens as a result of these delays, and we may have to stop working for you if we cannot get instructions from you.
WHO PAYS FOR OUR WORK ON YOUR BEHALF
When we begin working for you, we will discuss with you whether or not you are eligible for legal aid from the Scottish Legal Aid Board (SLAB) in relation to the work you have asked us to do. If you are eligible for legal aid, and it is granted, you will not owe us any money for the work that we do for you.
Outlays, also called disbursements, are necessary expenses that we must pay to other people or organisations on your behalf. These are charges for things such as expert reports, interpreters’ fees and application fees.
Normally, we only pay outlays after we receive confirmation from SLAB that they will meet the cost of the outlay in a legal aid case. Again, you will not owe us any money for outlays that we make on your behalf if you are eligible for legal aid.
HOW WE USE YOUR PERSONAL INFORMATION
When we request personal information from you, we will explain why we have asked for it, and what we will use it for.
We may request personal information from you, for example, such as your name and contact details, in order to provide you with legal advice. We might also request sensitive personal information, such as your racial or ethnic origin, or details of your health, or of harm you may have suffered, if this is relevant to the advice we require to give you. You have the right to withhold information, if you wish.
We will not use your personal information for any purpose other than the purposes we told you about at the time you agreed to share it with us, unless we are required to do so by law.
Your Rights in Relation to Your Personal Information
You have a number of important rights in relation to the data we hold about you, which you can exercise at any time:
- To ask to see a record of all the personal information we hold
- To ask that we amend any incorrect or incomplete data that we hold
- To withdraw consent and request that we permanently delete any data we hold
- To complain about how we have taken or processed your data
OUR WORKING PRACTICES
Managing Our Files
We will store files relating to your work for as long as is necessary, or as long as we are required to do so by law. We may hold your files at our offices, or at a secure storage facility elsewhere.
If you ask us for a paper copy of an electronic file, we may charge you for printing and postage costs.
We own the copyright in any materials we produce for you. The advice we give and the documents we prepare are for your use only, and you must not allow anyone to copy or use them without our written permission.
RELEVANT LAWS AND REGULATIONS
These Terms of Business apply to all work that we do for you. They are attached to our Client Care Letter which also applies to any work that we agree to for you. Together these documents make up our contract with you.
Our contract is governed by Scots law. Any legal action relating to our contract may be brought in the country whose law applies, or in any other country whose courts may have authority under general law.
Alternative Dispute Resolution
We recognise that Alternative Dispute Resolution Regulations have implemented ADR/EDR Directive 2013/11/EU to promote alternative dispute resolution as a way of reaching a solution when clients are not happy with the service they have received. We have however chosen not to adopt an ADR process, and if you have any concerns about the services you receive from this firm you should contact our Client Relations Partner, Jen Ang.
Under UK anti-money-laundering law, we must:
- gather information about your identity and check that information;
- gather information about the identities of people who are related to you, if relevant, and possibly check that information; and
- continue to monitor the transaction and keep all the information up to date.
If we do not receive satisfactory evidence of your identity, we will not be able to work for you.
We also have a duty to report to the National Crime Agency (NCA) if we know or suspect that any funds or assets involved in a matter were made through criminal activity. This duty may take priority over our duty to keep your information confidential.
It is an offence to tell someone that a report has been filed to NCA and that they may be investigated. If we make a report to NCA, we cannot carry on with your work without NCA approval, and we will not be able to tell you the reason for this.
Anti-Bribery and Corruption
We are committed to the highest standards of professional behaviour in our business. We will not accept any form of bribery or corruption.
Conflicts of Interest
In most cases, we cannot act for you if your interests conflict with the interests of any of our clients, or of the firm itself. If we become aware of a conflict of interest or think that one may arise, we will discuss with you about how we will proceed. Depending on the circumstances, we may decide that we have to stop acting as your solicitors.
We are regulated by The Law Society of Scotland. You can contact the Law Society of Scotland on 0131 226 7411, at Atria One, 144 Morrison Street, Edinburgh, EH3 8EX or through their website http://www.lawscot.org.uk.