Terms and Conditions

These terms and conditions set out the terms on which My In-House Legal Limited provides services to its clients. By requesting advice or other services from My In-House Legal Limited, you are deemed to have accepted these terms and conditions to the exclusion of any other terms set out by you unless expressly agreed otherwise in writing by My In-House Legal Limited.

  1. Terms
    1. These terms, together with our engagement letter to you, form our agreement with you to provide services. These terms apply to each matter we work on with you. If there is a conflict between these terms and our engagement letter, the terms of the engagement letter will apply. We may amend these terms from time to time without notice to you. A current version of our terms and conditions is available at https://www.myinhouselegal.com/terms-and-conditions/.

  2. Our services

    1. We will only advise on matters within the scope of our instructions, as set out in our engagement letter or otherwise agreed with you. Our advice is intended solely for you. We do not accept or assume responsibility to anyone other than the clients identified in our engagement letter. Unless we agree otherwise in writing, you must not share our advice with anyone else.

    2. We may, if agreed with you in advance, instruct third parties to provide services to you. You are responsible for the sums charged by third parties and their services are provided to you on their terms. We are not responsible for services provided by third parties.

    3. If our services to you are delayed by an event outside our control we will contact you as soon as possible to let you know and do what we can to reduce the delay but will not be liable for any losses you suffer as a result of such delays.

  3. What you agree to do

    1. You agree to:

      (a) Provide us with clear, timely and consistent instructions, respond fully, frankly and quickly to our requests for information and co-operate with us and those we instructon your behalf. The information you give us must be full and accurate, to the best of your knowledge and belief. We don’t verify the information you give us unless we have expressly agreed to do so.

      (b) Tell us immediately if your contact details change.

      (c) Take reasonable steps to properly secure your communications with us. This includes protecting the email and computer systems used for your matter.

      (d) Respect our regulatory restrictions. If we tell you that we can’t do something for you because doing it would breach our legal, professional or regulatory duties then you must respect this.

      (e) Pay our invoices when due.

      (f) Verify any change of our payment details received by email. If you are told about any change of our bank details by email, then even if it appears to come from us, you must call us on +44 7808 642 853 immediately to check the email is genuine.

  4. Our communications with you

    1. For convenience and speed, we will correspond with you by email and rely on communications coming from your email account. However, email is inherently insecure. We are not responsible for loss or damage caused by email use, provided we have taken reasonable security measures, including against viruses or similar harmful items.

    2. Our filtering software may prevent us receiving emails from you or in relation to your matter and we are not responsible to you for losses resulting from this.

    3. We may give advice and information to, and act on instructions from, any of the individuals to whom our engagement letter is addressed without the need to copy such advice to, or to confirm such instructions with, any other individual. You can let us know in writing if we are authorised to deal with someone else on your behalf. We may ask for a formal resolution confirming who can instruct us prior to commencing work on your behalf.

    4. We wish to support and promote equality and diversity. If it would assist you for our services to be delivered in a different way, please let us know and we will investigate how we can assist.

  5. Our fees, disbursements and expenses

    1. Our fees for our services are calculated either based on time spent or on a fixed, capped basis and may be staged, as set out in our engagement letter.

    2. If our fees are calculated on a time spent basis:

      (a) We calculate the time spent by us in six-minute units (an hour is broken down into ten units, each of six minutes) and charge it at the hourly rate for the person doing the work. Where a task (such as writing a short or standard letter or email or making a phone call) takes less than six minutes of a person’s time, the time spent is rounded up to six minutes.

      (b) We may increase our hourly rates. We may also increase our rates if your instructions change, for example if the matter we are working on for you becomes more urgent. We give you advance notice of any increases.

      (c) Any estimate of the total charges (fees, disbursements and expenses) for dealing with your matter or reaching a certain stage in it, as well as estimates or automated quotes provided on our website, are not binding. We may update estimates as a matter progresses and you must pay all our charges even if they exceed any estimate.

    3. If we have agreed a fixed or capped fee with you:

      (a) If the assumptions on which the fixed or capped fee are based (as set out in our engagement letter) prove incorrect we may increase our fixed or capped fee or switch to charging you on a time-spent basis. If we switch to charging on a time-spent basis, we will provide you with an estimate of our fees to complete the matter.

      (b) If you terminate our instructions (other than because we are at fault) we will charge you on a time spent basis for the work we have done prior to termination, if this is less. The same rules apply if we stop acting for you for a reason set out in paragraph 8.1.

    4. All hourly rates, estimates or fixed, capped or staged fees we quote to you are exclusive of the following, which you must pay in addition:

      (a) Third party fees agreed with you in advance.

      (b) Expenses which may include the costs of travel, document production (scanning, photocopying, binding) and payment transfers.

      (c) VAT on our fees and, where applicable, on disbursements and expenses, unless expressly stated otherwise.

    5. We may ask to hold some money from you as security against non-payment of our charges (fees, disbursements and expenses) until a matter is concluded. We are not obliged to use such money to pay our bills but we can do so.

  6. Our invoices

    1. We will invoice you regularly and on completion of your matter or at the intervals indicated in your engagement letter. Please contact us immediately if you have any questions or concerns over invoices raised.

    2. We can invoice you for disbursements and expenses for any period at any time, even after we have invoiced our fees for that period.

    3. Our bills are payable within 7 days from the date of invoice. We charge interest on unpaid bills at a rate of 8% above the Bank of England’s base rate. Interest will begin to run before securing judgment.

    4. Even if someone else has agreed or been ordered to pay our charges (fees, disbursements and expenses), or you expect this to happen, you are still responsible for paying us. This includes where you are claiming back part or all of our charges from an opponent in litigation.

    5. If we are instructed by more than one person we can require any of those persons to pay our bills in full (joint and several liability).

  7. Our liability and insurance

    1. Nothing in these terms limits any liability which cannot legally be limited, including without limitation liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

    2. Subject to paragraph 7.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with this agreement for any indirect or consequential loss.

    3. Subject to paragraph 7.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with this agreement for any loss arising as a result of:

      (a) our complying with our legal and regulatory duties, such as delays or disclosures arising in the context of compliance with anti-money laundering legislation;

      (b) errors or defects in third party services instructed by us on your behalf or used by us in the provision of services to you, provided we use reasonable skill and care in selecting and appointing those third parties;

      (c) circumstances beyond our reasonable control; or

      (d) loss or damage caused by email use, provided we have taken reasonable security measures.

    4. Subject to paragraph 7.1, our liability to you shall be reduced to the extent we can prove that you would have been able to recover a contribution pursuant to the Civil Liability (Contribution) Act 1978 from another adviser on the same matter. That contribution shall be assessed on the basis that the advisers contracted with you on broadly the same terms as we have, did not exclude or limit their liability to you and were able to pay the sums due to you in full.

    5. Our liability cap shall be agreed with you in our engagement letter. Where this is not stated, our liability shall be limited to £1,000,000. Our liability limit is our total aggregate liability to you for all matters we are dealing with for you. Subject to paragraph 7.1, the cap will apply whether the liability arose in contract, tort (including negligence), for breach of statutory duty or otherwise and whether or not it arises under or in connection with this agreement.

    6. Services are provided by our employees and/or directors for and on behalf of My In-House Legal Limited. Our employees and/or directors do not assume any personal responsibility to our clients in relation to work carried out under these terms and any personal liability of any such individual is therefore excluded. Any claims against My In-House Legal Limited should be brought against the company. You agree not to bring any claim (including in negligence) against any employee or member of our staff including principals (that is partners, members or directors) as individuals in their personal capacity in connection with any loss or damage suffered in connection with our services. If you do bring a claim against any of our staff, they can rely on our agreement, including its limitations of liability.

    7. We maintain professional indemnity insurance to protect clients in the unlikely event of a mistake being made. Contact details and details of the territorial coverage for our professional indemnity insurers are available on request.

  8. How you and we can terminate our agreement

    1. You may terminate your instructions to us at any time by telling us in writing. We can also stop acting for you if we have reasonable grounds to do so, for example because you have broken our agreement by not giving us timely instructions or paying our invoices on time. We can also stop acting for you if the relationship of trust and confidence has broken down, if we discover a conflict of interest, if to proceed would otherwise be contrary to legal or regulatory duties, if the risk profile for your case has significantly changed, if, on understanding the full details of the support you require, we do not believe we have the expertise to help you or if you experience an insolvency event. We will write to you explaining our decision, giving you as much notice as possible.

    2. If you terminate your instructions or we stop acting for you, you must pay our charges (fees, disbursements and expenses) incurred up to the point of termination, as well as any charges we incur after termination, for example in transferring your file to another adviser.

    3. If you do not pay our invoices on time, we can retain documents, deeds and other items relating to any matter we are working on for you until you have done so (subject to such information that may be available to you under data protection laws).

  9. How you can use our advice and how we handle your documents

    1. We retain all intellectual property rights in the advice which we provide and the documents which we prepare but permit you to make use of such work for the purposes of your matter only.

    2. When your matter completes or we stop acting for you, unless you request the return of any documents you have supplied to us, we will retain them for as long as we deem necessary for legal and regulatory reasons and then destroy them.

  10. Confidentiality

    1. We will keep confidential information we obtain through our services confidential but we reserve the right to use and disclose it to:

      (a) deliver those services, which may include storing confidential information our computers, in our email and in the cloud;

      (b) comply with the law, including by performing conflicts of interest checks for new cases against a list of current and former clients, reporting suspicious activity to the National Crime Agency if we suspect money laundering and responding to freedom of information requests; and

      (c) comply with requests by regulators and other competent authorities.

  11. Data protection

    1. For information about how we deal with your personal information, see the privacy policy on our website. You can withdraw consent to your information being used in a particular way but this may limit what more we can do for you (if anything).

    2. As a client we may in the future send you a newsletter or similar. We find that most clients find this helpful. We rely on the legitimate interest we have in maintaining contact with former clients to do this in compliance with data protection law and your agreement for the purposes of the Privacy and Electronic Communications Regulations 2003 (which can be implied under these regulations). However, we will never share your information with third parties to market to you and will not contact you about services outside the general offering from My In-House Legal Limited. We will make it quick and easy for you to opt out of future communications in every communication we send. If you already know that you do not want to receive these messages then you can opt out now by emailing us.

    3. Generally speaking, we will not share your information with third parties unless this is part of the work on your matter. However, in rare circumstances we sometimes need to make reports of suspicious activity to the National Crime Agency. Similarly, we may occasionally need to share client matter information with our professional indemnity insurers and their advisers. If you instruct us jointly with another client then it will be necessary to share certain information relevant to you with the corresponding joint client in order to fulfil your instructions to us.

    4. While we reserve the right to destroy non-original material at any time after the conclusion of your matter, we generally retain files for a period of six years after payment of the final bill and destroy them thereafter. At the end of a case, original documents will be returned to you on request. We will also always keep a small amount of information after file closure to do conflicts of interest searches in the future to comply with our professional duties.

  12. Anti-money laundering and financial crime procedures

    1. As a provider of legal services we must comply with different legal and regulatory requirements aimed at preventing crime. You agree to co-operate with us in order to verify your identity, your business structure, organisation history and sources of income and other matters relevant to discharging our legal and professional duties in this respect and to our accessing such public records as we deem appropriate.

    2. If we must report information about you or your matter to the National Crime Agency we may be prevented by law from informing you of this fact. If this happens we can stop work on your matter and withhold your money without notice or explanation to you, until the issue is resolved.

  13. General

    1. This contract is between you and us. Other than our staff, nobody else has rights under it or can enforce it. Neither of us will need to ask anybody else to sign-off on ending or changing it.

    2. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

    3. These terms are governed by English law and you can bring claims against us in the English courts.