Standard Terms & Conditions of Business

1.Introduction

1.1. Our professional rules of conduct (enforced by the Solicitors Regulation Authority (the “SRA” hereafter) require me to set out the basis on which I, Iremsah Turkan, will do business with you, the Client. In order to do this I provide you with:

a. a Client Care Letter (the “CCL” hereafter) setting out the services I have agreed to provide for you; and

b. my Standard Terms and Conditions of Business (the “STCB” hereafter), which provide much more detail about the terms on which I provide my services.

1.2. The CCL together with the STCB form the entirety of the agreement between me and you, collectively called the “Agreement”.

1.3. Both documents should be read carefully and in conjunction with one another as parts of our Agreement collectively. In the event of conflict, the CCL will override the STCB.

1.4. Unless otherwise agreed in writing, the STCB applies to any instructions you give me including any future instructions. I may change my STCB from time to time and these will be updated on my website.

1.5. I require you to sign and return the CCL and the STCB (i.e. collectively the Agreement). By signing them, you are agreeing to be bound by both of these documents.

1.6 Should you not return a signed Agreement, your continuing instructions will in any event indicate your agreement to be bound by both of these documents.

2. Solicitor

2.1. Any references to “the Solicitor”, “Ms Turkan”, “Ms Iremsah Turkan”, “I” or “my”’ in the CCL or the STCB are a reference to Ms Iremsah Turkan.

2.2. I am a "Solicitor" regulated by the SRA) I am also approved by the SRA to practise as a freelance solicitor. Although I am regulated by the SRA and approved to practise as a freelance solicitor, I am not, nor is my business, an authorised legal practice under the definitions of the SRA. My practice is approved under the SRA exemption for freelance solicitors who do not provide reserved legal services. My SRA number is  701354.

2.3. I am qualified as a "Lawyer (Avukat)" in Turkiye by the Union of Turkish Bar Associations. I am currently registered with the Istanbul Bar Association. My The Union of Turkish Bar Associations is 140877, and my Istanbul Bar Association registration number is 60870.

2.4. I work alone and in my own name.

2.6. I do not have a client account. This means I cannot hold funds on your behalf, and any payment I accept will be for my own fees and disbursements in an account in my own name.

2.7. I am required to act in accordance with the SRA Standards and Regulations which can be found at https://www.sra.org.uk/solicitors/standards-regulations/. For the professional rules that I am required to follow, please see the SRA Code of Conduct at https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/.

2.8. I am also required by the Union of Turkish Bars Associations to act in accordance with their Codes of Conduct. For the professional rules that I am required to follow, please see the Union of Turkish Bars Associations Code of Conduct. You can find it:

in Turkish at https://www.istanbulbarosu.org.tr/docs/avukatlikhukuku/tbb_meslek_kurallari.pdf ; or 

in English at https://defensewiki.ibj.org/index.php/Bar_Association_Rules_of_Professional_Conduct_-_Turkey

2.9. All opinions, advice and services provided to you are provided by me and all liability is the sole responsibility of mine.

3. Services

3.1. I am committed to providing you with an effective and personal service that enables me to meet your objectives. Whenever I receive a communication from you, I will aim to respond as soon as possible. If I am not available, I will provide alternative contact methods or time.

3.2. I realise that a legal relationship is a two-way process. I would ask you to provide me with any information that I request as soon as you are able, and if it is likely that you will be unavailable for a period of time, please let me know. I also require your most up-to-date contact details, so that I can contact you urgently if needed.

3.3. I would ask that you respect me and my profession, and treat me with courtesy at all times, just as I will treat you with courtesy and respect.

3.4. My usual office hours are between 09:00 and 17:00 Monday to Friday (excluding bank holidays). I may choose to be available at the office outside these hours. If this is the case, I will let you know the details of my availability. In the event that I am out of office outside of the above schedule, I will inform you in writing. This notification will be in advance unless an emergency has occurred which would not allow me to give a notification in advance.

3.5. As I only practice in non-reserved areas, I cannot advise on some high risk areas of law which are "reserved legal activities". Reserved legal activities under the SRA rules are as follows:

I.Advice on a dispute, including representing you in court

II.Representing you as a conveyancer for buying or selling interests in property

III.Probate activities

IV.Notarial activities

V.Administration of oaths

3.6. Depending on your case and your needs, I may acquire the cooperation of my Turkiye-based associates for matters that fall under Turkiye's jurisdiction exclusively. Please note that I do not offer this service for matters that fall under the jurisdiction of England & Wales.

4. Professional Indemnity and Limit and Exclusion of Liability

4.1. I do not carry professional indemnity insurance ("PII" hereafter), as freelance solicitors who only undertake non-reserved activities are not obligated by the SRA to hold a PII. This means that you will not be covered by PII subject to the SRA’s minimum terms and conditions. 

4.2. By continuing to instruct me, you agree not to be covered by the PII.

4.3. If you believe that I owe you money, you may be able to make an application to recover your loss from the SRA Compensation Fund. Further information is available at https://www.sra.org.uk/consumers/compensation-fund/

4.4. I assume no liability to any third party that may use, rely upon or be given access to the advice provided to you by me or any documents created by me on your behalf.

4.5. Equally, I accept no liability for the acts or omissions of third parties who I may instruct on your behalf or otherwise or to whom I may refer you.

4.6. If I am prevented by circumstances beyond my reasonable control from providing my services, I will immediately notify you of the nature and extent of such circumstances. If, as a result of those circumstances, I am unable to meet any deadline or complete the services by any estimated completion date, or at all:

a. such failure on my part will not constitute a breach of the Agreement between us;

b. I will not be otherwise liable to you for any such failure to the extent that it is attributable to any such circumstances notified to you; and

c. any estimated date for completion of the services may be extended accordingly.

4.7. I shall not be responsible for any failure to provide services on any matter that falls outside the scope of our engagement and shall have no responsibility to notify you of, or the consequence of, any event or change in the law or its interpretation that occurs after the date on which the relevant service has been provided and completed.

4.8. I shall not be liable for any:

a. indirect loss;

b. damage;

c. loss of profit;

d. loss of income;

e. loss of anticipated savings; and 

f. loss of production or accruals arising under any circumstances whatsoever, whether in contract, tort, negligence, for breach of statutory duty or otherwise and howsoever caused.

4.9. I provide advice solely on matters that are governed by the laws of England and Wales, and Turkiye. I am not experts in the laws of any other jurisdiction, and you should not rely on any advice I provide as being applicable in any other jurisdiction.

4.10.I ensure the best quality of legal services for my clients. However, in the event that things go wrong and you are dissatisfied with my services, the maximum amount recoverable from me is any fee already paid by you plus any disbursement that you have paid.

5. Charges and Expenses

5.1. The fees and disbursements (together the “Costs” hereafter) given in my CCL are based on my experience of dealing with similar matters, or are based on my best estimate of the likely amount of professional time incurred. In some circumstances I may need to revise my estimate, for example, if your instructions change, matters become complex, we enter into prolonged correspondence, or unforeseen or exceptional circumstances arise. I will discuss and agree in advance any proposed variation to my fees with you. If we cannot agree to a revised figure or you then do not wish me to continue working for you, I will invoice you for the work and disbursements to that date.

5.2. Unless we agree to a fixed fee for specified work, my fees are calculated by hourly rates. Time is charged in minimum 6-minute units. However, I may make adjustments to reflect such things as the efficiency and skill with which the work was carried out, the nature and complexity of the matter, the size or value of the matter, the risks and the value provided to you or any saving achieved. I may also charge (as a profit cost as opposed to a disbursement) for copying, printing and media production, conference call facilities, money laundering checks and handling bank transfer fees if you are an overseas client who will pay the fees via bank transfer. I will charge for all expenses incurred, such as printing and posting. You will be charged for all time spent on the file including telephone calls, emails and travelling.

5.3. If you are not on a fixed fee for specified work, the hourly rate you are charged will be £50. For legal document translation, this is £30 per page.

5.4. My hourly rates are reviewed and increased annually from 1st January each year by 10% or the inflation rate, whichever is the higher. You will be notified of any revised rate in advance of it being applicable to your instructions. If you have a query about the rates involved, please contact me.

5.5. Without limitation, my fees may be based on:

a. how much time I spend dealing with a case;

b. the amount or value of any money or property involved;

c. the particular complexity of the matter or the difficulty or novelty of the questions raised;

d. the skill, effort, specialised knowledge and responsibility involved;

e. the urgency of the work undertaken.

5.6. If I am required to work out of normal office hours in relation to this matter, I reserve the right to charge my overtime rates.

5.7. I may increase the rates for working outside normal business hours, for complex issues, the speed at which actions need to be taken or the importance and value of the work, in which case I will notify you in advance.

5.8. We can agree (if you request) a limit on the charges and expenses to be incurred at the start of your matter, but in those cases I cannot guarantee the work will have reached any particular stage when we reach this limit. As soon as I become aware that the likely level of fees may exceed the limit you have set, I will inform you and try to avoid exceeding the limit without your consent.

5.9. Occasionally it may be the case that the level of fees is exceeded inadvertently, particularly if your matter requires urgent steps to be taken. If I cannot agree to a further fee limit I will stop acting for you. Any fee estimates are estimates only and do not fix or limit my charges.

5.10. I usually require you to provide me with money on account of costs prior to any work being undertaken or disbursements incurred on your behalf. This payment is a deposit payment at the rate of 10% of all the costs on which we have initially agreed. As I am not allowed by the relevant laws and regulations to receive or hold client money from clients or third parties (see Clause 10 for further information about client money), any money I receive from you as deposit will be hold on your behalf as part of my fees and costs, and will be used to discharge any future invoices I raise or to pay disbursements which have been incurred on your behalf. This money on account will be documented and kept safe in the account provided in your CCL for payments on your behalf. 

5.11. I do not accept any cheque payments. I also cannot accept any cash payments that exceed £2,000 to avoid fraudulent activity and money laundering.

5.12. If a third party undertakes, guarantees or indemnifies me to pay fees and expenses on your behalf and the third party fails to make payment in full for any reason, without prejudice to any claim I have against that third party, you will be responsible for paying any and all sums outstanding.

5.13. Please also note the possibility of additional charges as mentioned in Clauses 11 and 23.

5.14. In this Agreement, the amounts payable and the basis of your payments as well as your payment method will have been agreed on before I start my services.

5.15. Your matter may require additional expenses called disbursements. Disbursements are costs payable to another organisation which are incurred by a solicitor as an agent for their client. Please note that the amount for the disbursements may change and further disbursements may occur throughout, depending on variable factors such as new instructions. If and as this happens, I will inform you in writing to agree on the further disbursements before making any payments. Please note that in the event of non-agreement, this may negatively impact your matter as it may not allow me to take any further and necessary actions required in your case.

5.16. I will ensure that I provide receipts with date stamps for the disbursements for transparency, and will enclose them in your final bill that I will send upon the close of matter.

5.17.Please note that by signing this Agreement, you acknowledge that for matters within the Turkish jurisdiction, I charge based on the tariff set out by the m.35 of the Attorneyship Law No 1136.

5.18. If you would like to know more about my fees, please see the Pricing page.

6. Warranties, Personal Liability, Personal Guarantees, Change of Status

6.1. Where you, the client, are a limited company, other corporate body or corporation that is recognised as having a separate and distinct legal personality, the individuals instructing me on behalf of that body are warranting that the organisation has sufficient funds to meet its commitments to me by signing the Agreement. Notwithstanding this, where instructions are received from an individual I will be entitled to assume without further enquiry that the individual responsible for those instructions has the authority to give instructions to me.

6.2. Where you, the client, are an unincorporated association or other body without legal personality, the members will be personally liable for my fees. Notwithstanding this, where instructions are received from an individual I will be entitled to assume without further enquiry that the individual responsible for those instructions has the authority of the members to give instructions to me and agrees, in default of payment by the members or the organisation, to make any payments that are due to me personally.

6.3. Where I consider it appropriate I may, as a condition of my acting, request a personal guarantee from one or more directors or other individuals instructing me on behalf of a company or association or from controlling shareholders or beneficial owners.

6.4. You must inform me immediately if you are made subject to a bankruptcy or insolvency proceedings, declared bankrupt or your company is wound up or a petition for winding up is lodged against your company, or you are looking to enter into an Individual Voluntary Arrangement or a Company Voluntary Arrangement with creditors. You must also immediately inform me of any change of ownership or voting rights if a limited company, partnership or other corporate body (including but not limited to any increase or decrease in shareholding, ownership or voting rights that would see any individual or corporate person increase or decrease voting power to, beyond or below 50%, 75% or 100% thresholds, or any other relevant threshold pursuant to private or public arrangement that could affect decision making).

7. Invoicing Arrangements

7.1. In this Agreement, the words “bill” and “invoice” are used synonymously and interchangeably.

7.2. I shall invoice you as frequently as I think appropriate. Unless otherwise agreed in writing, you agree to accept delivery of invoices by email. Where I raise interim invoices during the course of your matter, these are Interim Statute Bills unless stated otherwise. Issues determining the frequency of my invoices will include the nature of the matters on which I have been asked to act, the amount of my un-invoiced fees, the amount of time spent on your matters and your financial circumstances.

7.3. Payment of my invoices is due upon delivery, and is not conditional upon any event or outcome. Should your matter not proceed, I reserve the right to render an invoice for the time incurred on the matter plus any disbursements. You remain responsible for my fees even if you have an agreement or court order that someone else is to pay your costs.

7.4. I am not a VAT payer. Therefore, you will not be able to use my invoices for VAT purposes. However, please note that I may charge you for the VAT payment I made on your behalf as my disbursement.

7.5. You can pay my invoices by cash or bank transfer. If unsure, please contact me for my bank details. Please ensure that all payments are marked with the invoice number and my reference, which can be found at the top right hand corner of all letters.

7.6. Should you fail to pay any of our invoices, I am entitled to retain your papers and refuse to conduct any further work until such time as my invoices are paid in full. This applies equally whether the matter has come to a conclusion, or is only part way through a transaction.

7.7. Assessment of invoices:

a. If you are not satisfied with my charges, please refer to Clause 26 for details on making a complaint. You may also have a right to ask the court to assess my costs under Part III of the Solicitors Act 1974. You should be aware that this right is subject to certain time limits and conditions. Please see Clause 7.8 for further information on costs assessment.

b. A complaint does not avoid liability to pay my invoices and I am entitled to charge interest on the outstanding amount of the invoice in accordance with Article 5 of the Solicitors’ (Non-Contentious Business) Remuneration Order 2009. Please see Section 8 for further information on interests.

7.8. In the event that you believe my costs are excessive or unreasonable, you may challenge my bill by requesting from the Senior Courts Costs Office (the “SCCO” hereafter), which is part of the High Court, to make a detailed assessment of the bill under the Solicitors Act 1974. They may reduce the bill if they agree that it is excessive or unreasonable. You must do so within 1 month of receiving the invoice. Please note that if you do not, you can still apply within 1 year of getting the invoice, but the court might ask you to pay part or all of what you owe upfront. You might also be able to apply if you have already paid the bill or it has been over 1 year since you got it. However, you can only do this in special circumstances and you must explain what these are when you apply.

7.9. In the event that you wish to terminate this Agreement after your 14-day cancellation period or subsequent to your instructions to commence work within your 14-day cancellation period, I will invoice you for the work that I have already commenced or completed. This is payable upon delivery.

8. Interest on Invoices

8.1. Under the Late Payment of Commercial Debts (Interest) Act 1988, the Solicitors Act 1974 and Article 5 of the Solicitors (Non-Contentious Business) Remuneration Order 2009”, I will charge interest on unpaid bills of my fees plus any disbursements incurred and paid by me on your behalf at the rate payable on judgment debts from 1 month after the delivery of the invoice. This is also the timeframe for you to ask the SCCO for a detailed assessment (see Clauses 7.7 and 7.8). 

8.2. The rate is currently 8% per annum, as set by the Judgment Debts (Rate of Interest) Order 1993. 

8.3. If you have made a detailed assessment application to the SCCO, the interest applies to the amount on the court order instead of the amount on the bill.

8.4. I am entitled to exercise a lien, i.e. retain your files and papers until payment of all sums due to me.

9. Proceedings to Recover Costs

9.1. In the event I am required to issue proceedings against you for the recovery of any unpaid invoice(s), or any part of it:

a. You agree to accept service of such proceedings and any other documents via email. Unless stated or agreed otherwise in writing prior to service, you further agree that the email address for the service of proceedings and any other documents shall be the email address you provide to me or used to communicate with me. If there are any limitations to your agreement to accept service by email, such as the format in which documents are sent and/or the maximum size of attachments you can receive, then you must inform me, otherwise it will be assumed there are no limitations and the provision of this clause shall have full effect; and

b. You will be responsible for all of the following:

b.1. Fees; and
b.2. Expenses; and
b.3. Disbursements; and
b.4. Charges; and
b.5. VAT that we incur.

10. Holding Client Money

10.1. Please note that, in accordance with applicable laws and regulations, I cannot receive any funds from you or any third party to hold on your behalf in any instance, without exception.

10.2. Any payment you are supposed to receive from a third party in your matter will be directly paid to you.

10.3. As I do not hold client money, the deposit payable by you is only for payments on account of costs and disbursements that I have not yet billed where:

a. any money held for disbursements relates to costs and expenses incurred by me on behalf of you and for which I am liable; and

b. it will be held in the account provided in your CCL to enable my payments on behalf of you.

Please see Clause 5.10 for money on account.

11. Counsel

11.1. I may, in consultation with you, instruct counsel for advocacy and specialist advice if I consider it appropriate and/or if your matter partly requires reserved activity. Counsel’s fees plus any VAT will be invoiced to you, but I will require money on account of counsel’s fees before counsel can be instructed.

11.2. Sometimes if a solicitor gets in contact with a potential client through a referral or refers their client to another specialist, they or their introducer may receive benefits for this referral. In the event that I refer you to another specialist, I will inform you about any financial or other interest I may make in making the referral. In the event that you have been introduced to me by a third party who will make a financial or other type of gain, I will inform you about this.

11.3. I will inform you about any sort of fee-sharing arrangement I may have in place or may later enter into, relevant to your matter.

12. Conflict of Interests

12.1. As far as I am aware, there is no conflict of interest to prevent me from acting for you. If such a conflict arises or I become aware of a conflict I will contact you to discuss this. If a conflict does arise, then I may have to cease acting for you.

13. Joint Instructions

13.1. Where I provide services to two or more persons jointly, each agrees that I may rely and act upon the instructions of only one of these persons unless and until specific written notification is given to me to the contrary. If joint instructions are provided to me all persons instructing me will be jointly and severally liable for my fees.

13.2. Any action so taken shall bind all persons instructing me.

14. Third Party Disclosure

14.1. I am required to keep your matters confidential. External organisations such as the Information Commissioner’s Office, Lexcel auditors or the SRA may conduct audit or quality checks on my business and professional conduct from time to time. Such organisations may wish to audit or quality check the file and related papers in connection with your matter for these purposes. I will require that these external organisations maintain confidentiality in relation to any files and papers which they audit or check. In certain circumstances I may be required to disclose matters to third parties authorised under the Solicitors Act 1974 or other statute, or pursuant to a court order.

15. Communications

15.1. I will keep you informed of progress on your matter by making regular contact with you or by any other means as agreed with you from time to time. This may include sending you copies of relevant correspondence, or sending you copies of attendance notes of conversations or meetings.

15.2. As part of managing my client relationships, I may also wish to meet with you or contact you by telephone from time to time to review the work that I am doing on your behalf.

15.3.I will not communicate with you via post unless otherwise agreed or unless you wish not to be communicated via email.

15.4.I can be contacted here for any enquiry.

16. Email Communication and Fraud Prevention

16.1. I may use email to communicate with you in connection with your matter. While I take reasonable steps to ensure that emails are sent only to the intended recipient, email remains an inherently insecure medium, and there is a risk that confidential information may be accessed by unauthorised parties.

16.2. You acknowledge and accept that, by providing me with an email address or communicating with me via email, you consent to receiving communications from me by email and assume any associated risks. If you do not wish me to use email in connection with your affairs, please inform me. In this case, I will communicate with you via post.

16.3. To mitigate the risk of fraud, particularly in relation to financial transactions, you must remain vigilant and carefully review any security warnings and/or payment confirmation messages given by your bank before making payments to me. I will not be liable for any loss you may incur as a result of failing to heed such warnings or not checking the accuracy of the information given in a payment confirmation message, including but not limited to instances where funds are transferred to an unintended recipient due to fraud, phishing, or impersonation. If you have any concerns about the security or accuracy of a payment, you should contact me directly and immediately using our verified contact details before proceeding with any transaction.

17. Money Laundering

17.1. I am professionally and legally obliged to keep your affairs confidential. However, solicitors are required by statute to make a disclosure to the National Crime Agency where they know or suspect that a transaction may involve money laundering or terrorist financing. If I make a disclosure in relation to your matter, I may not be able to tell you that a disclosure has been made by the laws. I may have to stop working on your matter for a period of time and may not be able to tell you why.

17.2. It is a condition of the Agreement, both in relation to your current instructions and any future instructions, that you assist me as far as you are able to comply with my duties under the legislation and that you agree to meet all the costs and disbursements incurred thereby. I also reserve the right to refuse to act for you, or to cease acting for you, if I or the National Crime Agency determines that I have not been provided with sufficient information to be satisfied about the integrity of a person or transaction.

17.3. If I feel that it is appropriate to report the matter to the authorities, I may have to stop work on the matter immediately. You agree to waive any losses.

17.4. You should not send any funds to me as payment of fees in advance until you have provided me with evidence to my satisfaction of your identity, nor pass my bank account details to any third party without my prior written approval. If you do, I may have to cease work.

18. Identification

18.1. All law firms and solicitors in England and Wales are subject to stringent regulations concerned with the prevention of money laundering. I am required by law to identify all new clients, even those introduced by people already known to me. I am also required to renew the identity documents of existing clients every three years, unless a matter is ongoing.

18.2. Under the money laundering regulations, the type of identity verification documents I am required to obtain varies and therefore I will advise you of the documents I will require from you to meet our obligations under the regulations. However, below are some examples of the types of documents and information I may need to verify identity:

a. For individuals:

• photographic ID such as a passport or photocard driving licence, and

• proof of residence such as a recent utility bill or bank statement (issued within the past three months);

b. For companies, partnerships and trusts:

• company/charity registration number;

• identity verification documents for (usually two) directors/partners/trustees;

• certificate of incorporation;

• memorandum/articles of association;

• trust deed;

• partnership agreement; and

• details of controlling shareholders/beneficial owners/main beneficiaries.

18.3. For individuals, both resident in the UK and abroad, I may conduct an electronic search to confirm identity. This involves me providing the individual’s details to a third party company, who then cross-references the details provided. Although I may conduct such an electronic search, I still require a scanned copy or photocopy of a passport or photocard driving licence.

18.4. For UK registered companies, LLPs and charities in addition to the documents you must provide to me as listed in Clause 18.2, I may also obtain verification information from the relevant registration authority, for example, Companies House.

18.5. I reserve the right to charge for any searches required to confirm your identity. My charges vary depending on the particular search that is being conducted. I will advise you in advance if I propose to undertake such a search and its related charge.

19. Data Protection

19.1. I use your personal data primarily to provide legal services to you, but also for related purposes as described in the Privacy Policy brochure. It is also available on my website.

19.2. My use of your personal data is subject to your instructions, the UK General Data Protection Regulation (the “UK GDPR” hereafter), the Data Protection Act 2018, the Turkish Law on the Protection of Personal Data (LPPD), No. 6698, enacted in 2016, other relevant UK and Turkish legislation and my professional duty of confidentiality.

19.3. I am a data controller for the purpose of the UK GDPR and other relevant data protection legislation.

19.4. By signing and returning a copy of both the CCL and this STCB (i.e. collectively the Agreement) and by providing means of identification, you agree that your data will be collected and used by me within the frame of the law.

19.5. I take your privacy very seriously. Please read the Privacy Policy brochure carefully as it contains important information on:

a. what personal data I collect about you and how that data is collected;

b. how, why and on what grounds I use your personal data;

c. who I share your personal data with;

d. where your personal data is held and how long it will be kept;

e. whether your personal data may be transferred out of the European Economic area and, if so, the measures taken to protect that data;

f. your rights in relation to the personal data I hold or use;

g. the steps I take to secure your personal data;

h. how to make a complaint in relation to my use of your personal data; and

i. how to contact me with any queries or concerns in relation to your personal data.

19.6. You have a right to ask for the personal data I hold about you. If you request access to your personal data, this will override any right I have to hold a lien over your personal data. However, please note that as a legal professional I do not have to release information if it breaches legal professional privilege and duty of confidentiality towards a client. Please see the Privacy Policy brochure for further information.

20. Intellectual Property and Copyright

20.1. During the course of the Agreement, I may pass documentation or other materials to you in connection with the services being provided to you. These documents or materials may carry intellectual property rights owned or licensed by me and under no circumstances shall any intellectual property rights be transferred to you.

20.2. The copyright in any documents drafted by me on your behalf belongs to me and will not be transferred to you without an agreement in writing. Nothing in this clause shall affect your right to control the documents drafted for you.

20.3. From time to time, I may use the documents created in relation to your matter as a template for later documents (“Precedents” hereafter). Precedents may be stored in paper form or as part of an electronic system to which all staff have access. Before any documents are kept as precedents, they are edited to ensure that they do not include any private or confidential information.

21. Waiver

21.1. If I fail or delay to exercise any right or remedy in respect of the Agreement, that shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

22. Severance

22.1. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.

23. Relationships with Third Parties

23.1. It is sometimes necessary for me to ask parties outside my business for advice in connection with your instructions. I will notify you if this occurs and tell you about the advice or information being sought as well as any charges if applicable. If you have any preference for a particular third party, please notify me. Whilst I take care in the appointment of third parties I cannot be responsible for the contents of their reports, advice or their performance.

24. Outsourcing

24.1. I have arrangements with external service providers which cover a range of services including, but not limited to: secretarial and administration support, credit control, quality control and video/telephone conferencing facilities. Personal data and confidential information that I hold may be passed to the providers. I have confidentiality agreements in place with each of the providers. If you do not want your file to be outsourced as contemplated in this Clause, please tell me as soon as possible.

25. Insurance Mediation

25.1. I am not authorised by the Financial Conduct Authority (FCA). Broadly speaking, this means that I cannot provide you with legal advice on insurance matters.

26. Complaints

26.1. I understand that occasionally issues may arise with communication and mistakes can be made. If at any time you are not happy with the service provided to you or the level of a bill raised by me, you should discuss it with me.

26.2. In the event that you communicate dissatisfaction to me through means other than in writing, I may ask you to confirm this via email. Please detail the circumstances of your complaint in your letter. Please see the Complaints Procedure brochure for further information.

26.3. If I fail to respond to your complaint within 8 weeks or if at the conclusion of my complaints process I am unable to resolve matters to your satisfaction you may have a right to make a complaint to the Legal Ombudsman. If you wish to do so, you must contact the Legal Ombudsman within 6 months of your last contact with me. Additionally, you must have raised your complaint with either me or the Legal Ombudsman within 6 years of the relevant act or omission, or 3 years from the date when you realised there was a cause for complaint. Please note that the Legal Ombudsman may not deal with a complaint about a bill if you have applied to court for assessment of that bill.

26.4. You may also make a formal complaint about me to the SRA if you believe that I have behaved in breach of the SRA Principles and the Code of Conduct.

26.5. Please see the Complaints Procedure brochure for further information and contact details of the Legal Ombudsman and the SRA.

27. Storage of Papers and Documents

27.1. Once a matter is completed, it is my policy to retain the file in hard copy, electronically or a combination of both. Retained files (both in hard copy or electronic form) are kept for at least 6 years from the date the final invoice is rendered, depending on the type of matter. The file will be kept on the understanding that I have the authority to destroy it following the expiry of six years. I will not destroy any hard copies of documents you ask me to keep in safe custody. If you need any such documents to be retained, you must advise me in writing and I will then either ask you to collect the papers or charge you for their continued storage.

27.2. I also provide a safe custody service in respect of important documents (such as wills) but I may charge for the service. If you instruct me to retrieve your physical file from the store on your behalf you may be charged for this. The amount charged will depend on the urgency of the request which will be made available to you upon request in such an event.

27.3. If I retrieve physically held or electronically held deeds or documents from storage or archive (as applicable) in relation to continuing or new instructions or for any other reason, in addition to the retrieval fee for physically held files as mentioned above, I may also charge you for:

a. time spent retrieving the file whether in physical or electronic form and producing it to you;

b. reading, correspondence or other work necessary to comply with your instructions in relation to the retrieved file; and

c. providing additional copies of any documents.

27.4. Note that there is no charge for the retrieval of a file in connection with a subject access request under the UK GDPR and Data Protection Act 2018.

28. Banks and Other Financial Institutions

28.1. I am not and shall not be liable to you or to any other person for any:

a. loss;

b. costs; or

c. liability,

whatsoever caused by the:

a. act;

b. omission;

c. fraud;

d. delay;

e. negligence;

f. insolvency; or

g. default

of any:

a. bank;

b. financial institution; or

c. clearing or payments system or of any regulatory, governmental, or supra-national body or authority or of their directors, officers, employees, agents or representatives.

29. Tax Avoidance Schemes

29.1. If you inform me of or I become aware of a tax avoidance scheme, I may be required by law to notify this to HM Revenue & Customs (the “HMRC” hereafter). In order to comply with my obligations, I reserve the right to notify HMRC if I believe it appropriate. I will not advise you in relation to any course of action which could be regarded as being abusive within the meaning of the Finance Act 2013.

30. Assignment

30.1. You may not assign, transfer or charge any rights or obligations created under or in connection with the Agreement without my prior written consent.

31. Changes to Business

31.1. If I merge my business with another firm or transfer my business to a limited company, a partnership or limited liability partnership (LLP), these arrangements, and all rights and liabilities arising from them, will automatically transfer to the new entity. Where the new entity is a company or LLP, any advice which I give to you after that point will be the responsibility of the company or LLP and not that of mine.

32. Statutory Right to Cancel

32.1. The Consumer Contracts (Information, Cancellation and Additional Changes) Regulations 2013 will apply to this Agreement. This means that you have the right to cancel this Agreement within 14 days from the date of signing both the CCL and the STCB (i.e. collectively the Agreement) without giving me any reason and without charge. To exercise your right to cancel, you must inform me of your decision in writing via email or post. 

32.2. Contrarily, by providing me with written or verbal forms of approval, you are instructing me to start work during the cancellation period. In the event that you give me verbal instructions to commence work for you during the cancellation period, I will request that you confirm your wishes in writing.

32.3. If you do make such a request during the cancellation period, you will not lose your right to cancel. However, you will have to pay my costs for my work up to the day of your cancellation notice.

32.4. In the event that you continue to instruct me within this 14-day timeframe and subsequently wish to cancel the Agreement, you will not lose your right to cancel. However, you will be charged for the costs of work I have already commenced during the cancellation period in comparison to the full extent of the instructions, i.e. pro-rata based reimbursement, unless I have completed the work in which case you will be charged for the full amount of costs agreed. Same will apply in the event that you wish to terminate this Agreement after the 14-day cancellation period. 

32.5. Following cancellation, I will reimburse you for all payments received from you less the costs of work I have already commenced or completed up to your cancellation notice. I will make any reimbursement due to you no later than 14 days after the date on which I am informed about your decision to cancel the Agreement and by using the same means of payment you used to make the initial payment unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

32.6. In the event that you have expressed your wish to cancel, I reserve my right to exercise a lien. This means that I may keep your papers and documents while there is still money owed to me for fees and expenses (see Clause 7.6).

33. Termination

33.1. In addition to any statutory right to cancel as set out in Clause 32, you are entitled at any time to cancel your instructions by providing me with a written notice. When I receive notice of your decision to cancel, I will stop working on your matter and will raise an invoice for the work carried out to date unless agreed otherwise (see Clauses 7.9 and 32.4).

33.2. In the event that the Agreement has been terminated but part of the fees are outstanding, I can keep your papers and documents while there is still money owed to me for fees and expenses (see Clauses 7.6 and 32.6).

33.3. I may decide to stop acting for you only with good reason and upon reasonable notice. A good reason may include, without limitation:

a.Failure by you to provide me with proper instructions;

b.Failure to pay a deposit as agreed on by signing the Agreement;

c.Conflict of interest;

d.Breakdown in trust and confidence;

e.Unreasonable client behaviour;

f.Client instructions that lead to professional embarrassment;

g.Client’s refusal to follow legal advice;

h.Client’s breach of this Agreement; or

i.Instructions outside of the area of my legal expertise or practice.

34. Equality Policy

34.1. I treat all clients equally, and do not discriminate on any grounds. 

34.2. As part of my policy to treat all clients equally, I will make all reasonable adjustments to facilitate your needs protected by the Equality Act 2010.

35. Anti-bribery and Corruption Statement

35.1. I, Iremsah Turkan, am a freelance solicitor. I operate mainly in the United Kingdom, and I pride myself on my reputation for acting fairly and ethically wherever I do business. My reputation is built on my values as a solicitor, the values of my commitment to acting with integrity. I condemn corruption in all its forms and I will not tolerate it in my business or in those with whom I do business.

36. Governing Law

36.1. The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

37. Jurisdiction

37.1. The courts and tribunals of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement, our contractual relationship, its subject matter or formation, or my professional duties to you. Nothing in this clause shall limit my right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.