Terms of Engagement and Client Information

 TERMS OF ENGAGEMENT AND CLIENT INFORMATION

The following terms (as amended by us from time to time) will apply to the work referred to in the engagement letter that accompanies this document (“Letter of Engagement”) and, unless otherwise agreed by us in writing after the date of the Letter of Engagement, to all other work carried out by Stevenson & Marshall LLP (“the Firm”) on your behalf.

Communication with you

Our offices are open from 9am to 5pm Monday to Friday. Our address, telephone, fax and e-mail details are detailed in the Letter of Engagement. Information can also be obtained at www.stevenson-marshall.co.uk

Unless we receive specific instructions from you, we shall communicate and take instructions from you in person and by post, e-mail, telephone and fax. We may require you to confirm in writing any verbal instructions given.

We will keep you informed about work carried out on your behalf and, in particular, we shall provide an explanation of what action we are taking and why, information about the progress being made and a timeous response to all incoming mail, e-mail, telephone calls and faxes.

To allow us to advise you fully, we need to have full details of the matter. You can help us by giving clear instructions, providing all relevant documents, acting promptly and informing us of any time limits that you consider relevant.

Our advice is personal and confidential to our clients only. If you pass that advice on to a third party or ask us to do so, that third party will not have an enforceable right against the Firm or any of its members, staff or other agents (whether under these terms, the Letter of Engagement or otherwise).

Authority to Act

It is important that we are able to identify our client. We shall be entitled to assume, unless otherwise instructed in writing, that the person providing us with the initial instructions in relation to a piece of work is our client. In particular, we shall be entitled to assume that:-

(i). if the client is a company, we can take instructions from any director or the company secretary or anyone authorised by them to do so;

(ii). if the client is a limited liability partnership or partnership, we can take instructions from any member, partner or anyone authorised by a member/partner to do so;

(iii). if the client is a corporate or unincorporated body (other than a company, LLP or partnership), we can take instructions from an authorised officer of the body or anyone authorised by the body to do so; and

(iv). if there are joint clients, we can take instructions from either or any of them.

Where we do act for more than one person, each person for whom we do work is jointly and severally liable for the instructions given to us and for payment of our fees and outlays in connection with that matter. If you do not understand what this means, please ask us to explain.

Proceeds of Crime Act, Money Laundering & Other Reporting

To meet our statutory requirements under the Proceeds of Crime Act 2002, the Money Laundering Regulations 2017 and the Terrorism Act 2000, we are required to confirm our client’s identity and that of directors, partners, trustees, controllers of companies or firms and all of the connected shareholders. This may involve passing certain personal details (i.e. name, address & date of birth) to an external organisation specialising in identity verification such as credit reference agencies/fraud prevention agencies. Such organisation will use the personal details provided for the purposes of verifying identity only and will retain such information in order to show that a search of identity has been undertaken on the Firm’s behalf. The undertaking of such a search will not affect the credit history of the individual searched against and the external organisation will not use the personal details provided for any other purpose.

In certain circumstances, we are legally obliged to provide confidential information to certain authorities without prior reference to you. In such a situation, we may be required to (and we shall be entitled to) cease work on a matter until such time as we receive formal authorisation from such authorities to continue.

Responsibility for your work

The Letter of Engagement provides you with details of the partner who has responsibility for the particular matter (“the Supervising Partner”) and, where applicable, details of the person who will be your first point of contact on a day to day basis. We shall try to maintain continuity with the people who are handling your work however this is not always possible where there is change in circumstances.  If a change is required, we shall let you know as soon as possible and tell you why the change is necessary. If we require to use the specialist skills of other members/employees/agents of the Firm, we shall advise you of their involvement and, if appropriate, of any change to the basis for charging fees.

Our services shall be provided using reasonable skill and care.

Fees

Before engaging our services, we will inform you in writing of the basis on which we shall charge a fee for work carried out on your behalf.

The Letter of Engagement sets out how we will calculate our fees for the work it relates to. In the absence of our written agreement to the contrary after the date of the Letter of Engagement, fees for any other work will, primarily, be calculated using the hourly rates (if any) set out in the Letter of Engagement or, if no such rates are set out therein, the hourly rates (based on the level of experience of the person(s) carrying out the work) prevailing for our general business from time to time. In addition to time spent other factors that will be taken into account by us in determining our fees include the urgency, complexity, novelty and materiality involved in the work in question. In the absence of written agreement to the contrary, time spent on a matter and chargeable to you will include all administration duties associated with the work being carried out, time spent by us in discharging regulatory responsibilities including our procedures to ensure compliance with anti-money laundering regulations and the process of assessing, reconciling and rendering invoices to reflect sums received and payable.

Where a basic hourly charge rate has been indicated it is that which is then current. As and when our hourly charge rates are reviewed (normally annually on 1st January), the amended rate will be applied. Further detail can be provided on request.

If you are dissatisfied with the amount of our fees, you and we may jointly nominate a Law Accountant or an Independent Fee Assessor to formally assess these. In the event that you and we cannot agree upon a Law Accountant or Independent Fee Assessor, either of us may ask the Dean of the Faculty of Solicitors in Dunfermline to nominate a Law Accountant or Independent Fee Assessor. If the Law Accountant or Independent Fee Assessor assesses the fee chargeable at a lower level than we propose charging, we shall only charge that reduced amount and we shall pay the Law Accountant’s/ Independent Fee Assessor’s costs. If the Law Accountant or Independent Fee Assessor confirms that our fee is appropriate, you will be responsible for the Law Accountant’s costs or Independent Fee assessor’s costs. If the Law Accountant or Independent Fee Assessor assesses the fee chargeable at a higher level than we propose charging, we shall be entitled to charge the higher amount and you will be responsible for the Law Accountant’s or the Independent Fee Assessor’s costs.

The Letter of Engagement may set out an estimated fee. This is an indication only, made in good faith and on the basis of the information we have available to us at the outset. Estimates are subject to revision and are not a commitment by us to carry out the work for the fee stated. We undertake to notify you if it becomes apparent that our fee will exceed any initial estimate.

The Letter of Engagement may set out a fee quotation. The scope of work we commit to undertake for the quoted fee will be detailed in the Letter of Engagement. If further work is requested or we are required to carry out additional work not previously specified or as a result of circumstances not disclosed to us or circumstances that could not reasonably have been foreseen at the outset, then our fee will be increased (by reference to our standard hourly rates and the other factors referred to above).

In addition to our fee, the costs of all (if any) outlays and expenses incurred by us on your behalf (such as Counsel’s fees, search fees, registration/recording fees, Land and Buildings Transactions, bank charges, currency exchange costs, travel and accommodation costs, taxi costs, photocopying costs, courier and other third party accounts) will be payable by you. If you request us to undertake any bank transfers on your behalf each bank transfer will be subject to an administrative charge of £25 plus VAT.  

Unless you notify us in writing to the contrary, we shall assume that we have your authority to incur those outlays and expenses which we regard as being reasonable to incur in carrying out our work for you.

Value Added Tax (“VAT”)

VAT will be charged, where applicable, on our fees and certain outlays/expenses we incur on your behalf in accordance with the current VAT regulations. Our VAT Registration number is 856961672.

Rendering and Payment of Accounts

We shall send an invoice for our fees, outlays and/or expenses to you when we, in our absolute discretion, determine it is appropriate to do so. This may be done on an interim basis where the work instructed by you has not been finalised. Details of outlays/expenses will be itemised separately.

Payment of an account is due within 14 days of the date of the invoice and requests for payment of outlays incurred should be met within a similar period or earlier, if required. Interest will be charged on any amounts which are overdue, at the rate of 5% above the base lending rate of the Royal Bank of Scotland plc. Should payment not be made when due your details will be passed to our Credit Control team to contact you. Until the position is remedied we reserve the right not to carry out further work for you (after intimation to you to this effect) in which case we shall issue a final account to you.

If we are holding funds on your behalf including monies received as a result of the work carried out for you, our fees, outlays and/or expenses may, at our sole discretion, be deducted from the sums held in accordance with the Law Society of Scotland Practice Rules 2011.

Due to the Money Laundering Regulations 2017 it is the Firm’s policy not to accept cash payments in excess of £500 in aggregate. We also reserve the right to refuse any amount of cash at our discretion.

Funds Belonging to You

We will maintain a ledger account for funds held on your behalf and, in accordance with Law Society of Scotland rules. Where we receive or hold money on your behalf and having regard to the amount of the money held and the length of time it is likely to held we will invest the monies held by us on your behalf in a Global Investment Account with the Royal Bank of Scotland plc but only if the interest we are likely to receive exceeds £100 sterling. Any monies invested by us in the Global Investment Account will receive interest equivalent to the current Royal Bank of Scotland plc Client Deposit Service Rate. We recommend that you do not leave large sums of money deposited with us unless they are required in connection with the transaction we are dealing with, or are payments made to account of anticipated fees or outlays. We make no charge for the collection of interest on clients’ deposits.  If you wish the funds we hold on your behalf to be deposited in a different bank or banks we will require your instructions in writing.

If when returning funds held on account to you we discover that the address and contact details you have provided us with are not current we are not required to make further enquiry as to your new address and can dispose of the balances in accordance with the Law Society of Scotland Solicitors (Scotland) Accounts, Accounts Certificate, Professional Practice and Guarantee Fund Rules 2001.

The Firm does not accept liability for funds held on your behalf in the event of an “authorised deposit taker” ( as defined by the Financial Services and Markets Act 2000 as amended and subsidiary legislation), such as a bank or building society, being unable or likely to be unable to return funds which have been deposited with it. This applies also to funds held on your behalf but awaiting clearance through the banking system where such funds are held in our clients’ account. In such an event, you may be entitled to receive compensation in accordance with the prevailing Government’s Indemnity Limits from the Financial Services Compensation Scheme.

Cleared Funds Policy

If payment is received by cheque the onward transmission of these funds cannot be processed until the cheque is cleared through the banking system. Interest does not accrue until this clearing process is complete.

Disbursement of Funds

These will be paid to the client or named beneficiary only.

Legal Aid

Where Legal Aid or Legal Advice and Assistance is available to help you with payment for the work we are doing for you, we will assess your eligibility for the appropriate cover, explain the nature of the cover available to you and assist you in completing all of the necessary forms. If you are in receipt of Legal Aid, any money recovered on your behalf must be paid to the Scottish Legal Aid Board, who will decide whether you are to be required to pay any legal costs from the sum recovered for you.

Timescales

The nature of legal work, particularly court work, often makes it difficult to estimate precisely how long it will take to deal with a particular matter.  We are happy to discuss timescales at the outset.  We do attempt to meet these and always deal with everything as quickly and efficiently as possible.  Often the speed at which work can be completed is affected by the level of co-operation (or lack of it) from other parties and this is outwith our control.

Court Expenses

If we act on your behalf in connection with a court action in which you are partly or wholly successful, it may be possible to recover expenses from your opponent.  In practice only a proportion of your expenses will be recoverable.  You are liable to pay our whole fees and all outlays incurred on your behalf whether or not you are successful in an action and whether or not you recover any expenses from your opponent, but credit will be given for all expenses recovered from your opponent.

Selling & Buying Property

When you are selling property, we will deduct all the costs of sale together with our fees from the sale proceeds as soon as practicable and will remit any balance to you no earlier than five working days after the date on which the sale is completed.  When you are buying property, our fees and costs will be payable by you no later than five working days before the date on which the transaction is due to settle.

Tax Forms

If we complete any tax form on your behalf, we do so on the basis that we are assisting you to complete the forms, and it is your responsibility to check that the information included in the form is full and correct, before you sign the form.

Complaints

We value our good relationships with clients. However, we accept that, from time to time, difficulties and misunderstandings may arise. If you are dissatisfied with the service you receive from us, you should take the matter up, in the first instance, with the Supervising Partner. If the matter is not resolved to your satisfaction, your comments should be referred to our Client Relations Partner (preferably in writing) who will review the matter. Our current Client Relations Partner is Ms Angela C Fyfe whose contact details are 41 East Port, Dunfermline KY12 7LG (Telephone No. 01383 721141).  It should be noted that strict time limits for accepting complaints apply. There are strict time periods that Complaints need to logged by so if a complaint is being logged you must follow the time periods that apply. Further details of the time periods can be provided on request.  A copy of our complaints procedure is available on request.

Society of Scotland and Scottish Legal Complaints Commission

We are members of the Law Society of Scotland, and subject to its professional rules including the Solicitors (Scotland) (Standards of Conduct) Practice Rules 2008 and Standards of Service. The Law Society of Scotland can be contacted at Atria One, 144 Morrison Street, Edinburgh, EH3 8EX or at http://www.lawscot.org.uk/about-us/contact-us

The Legal Profession and Legal Aid (Scotland) Act 2007 provides recourse to a non-judicial dispute resolution process through the Scottish Legal Complaints Commission (SLCC). The SLCC can be contacted at The Stamp Office, 10-14 Waterloo Place, Edinburgh, EH1 3EG or at http://www.scottishlegalcomplaints.com   or on  0131-201-2130

We recognise that the Alternative Dispute Resolution Regulations 2015 have been implemented ADR/EDR Directive 2013 /11/EU to promote alternative dispute resolution as a means of redress for consumers in respect of unsatisfactory services. We have however chosen not to adopt the ADR process.

Conflict of Interests

A conflict between your interests and those of another client of the Firm may arise. If we become aware that a conflict of interest exists, or may exist, in our acting or continuing to act for you, we will take immediate steps to advise you (and, if appropriate, the other party in conflict) and will ensure no conflict prevails if we continue to act for you. Where appropriate, we shall facilitate you making alternative arrangements and can help you to instruct other solicitors. All fees and outlays/expenses (and related VAT) up to the date of termination of our engagement will be charged and become due.

Confidentiality

In carrying out work on your behalf, our first responsibility will be to you as our client. We will not, without your permission, disclose to any person any confidential information relating to you or to any matter handled by us on your behalf, except in the proper course of the work carried out, or if we are required to do so by law or any regulatory authority or to our professional indemnity insurers in circumstances where you or anybody on your behalf intimates a claim against the firm or where a potential claim may arise.

We are audited by a number of organisations which monitor standards of performance. We have a duty of confidentiality to you and, therefore, need your permission for your files to be inspected. We will assume that you have given us this permission by your acceptance (whether deemed or actual) of the Letter of Engagement.

E-mail & Mobile Communication

E-mails and mobile telephones are potentially insecure channels of communication. It will normally be the firm's practice to communicate using these mediums. Information communicated in this way may be intercepted and e-mails may be lost, amended, destroyed, delayed or unsafe to use. We take all reasonable steps to ensure that confidentiality is maintained in all our communications with you and we will check for computer viruses before sending information electronically. However, we shall not be liable for any loss or damage which you may suffer or incur as a result of using such communication channels (and, without prejudice to that generality, it is your responsibility to scan e-mails and attachments received from us for viruses). If you do not wish us to use such channels of communication, please advise us accordingly.

E-mail entering or leaving the Firm’s system may be subject to monitoring and recording for business and other lawful purposes.

Our Liability

The aggregate liability of the Firm, its members, partners, employees and other agents (collectively, “Stevenson & Marshall Parties”) for losses, damages, costs, claims and/or expenses (whether arising under contract, tort, delict, statute or otherwise) in relation to the work referred to in the Letter of Engagement or any other piece of work (or series of connected pieces of work) done for you shall not exceed £2,000,000.

None of the Stevenson & Marshall  Parties shall have liability for losses, damages, costs, claims and/or expenses which arise as a consequence (whether direct or otherwise) of:-

  1.  information provided by you and/or on your behalf being incomplete, inaccurate, illegible, out of sequence, misleading, missing, late or deficient in any respect whatsoever; and/or
  2.  any other failure attributable to you and/or a third party;

And you shall indemnify each of the Stevenson & Marshall Parties on demand, in respect of the same. None of the Stevenson & Marshall Parties shall have liability to you in respect of any indirect or consequential loss or damage (whether in the form of loss of profit or otherwise) howsoever arising. None of the Stevenson & Marshall Parties shall have liability to a third party for losses, damages, costs, claims and/or expenses which arise in connection with (whether directly or indirectly) services provided to you and you shall indemnify each of the Stevenson & Marshall Parties, on demand, in respect of the same.

Nothing in the preceding terms shall exclude or restrict any rights you may have in respect of fraud or fraudulent misrepresentation or operate to exclude or restrict liability in respect of breach of contract and/or negligence which results in death or personal injury and the preceding terms shall be subject to this condition. Similarly, nothing contained in the preceding terms will exclude or restrict a liability of the Firm to the extent that the same cannot be excluded or restricted by law or the professional rules of the Law Society of Scotland.

By your acceptance (whether deemed or actual) of the Letter of Engagement, you:-

  1.  agree not to make a claim against any of the Stevenson & Marshall Parties other than the Firm in respect of the services referred to in the Letter of Engagement or in relation to any other piece of work (or series of connected pieces of work) done for you;
  2.  acknowledge and agree that any advice given to you by a member, employee or other agent of the Firm is given on behalf of the Firm and not in his/her capacity as an individual; and
  3.  acknowledge and agree that no special duty is owed to you by a member, employee or other agent of the Firm.

The Firm accepts the benefit of this letter for itself and as agent of and trustee for each of the other Stevenson & Marshall Parties.

Provision of Services Regulations 2009

In accordance with the disclosure requirements of the Provision of Services Regulations 2009, as a Scottish solicitor’s practice, we have cover under the Law Society of Scotland’s compulsory Master Policy for Professional Indemnity insurance.

The cover is provided by a panel of insurers, the lead insurer being Royal and Sun Alliance plc of 200 St Vincent Street, Glasgow G2 5SG. The territorial cover of our policy is worldwide.

Ownership of Correspondence Files

All correspondence, attendance notes, file notes, internal memoranda and draft documents (whether or not in writing or electronically held) pertaining to the work carried out on your behalf will remain the sole and absolute property of the Firm. You will have the right to inspect correspondence in which you have an interest and also to receive at our sole discretion, a paper or electronic copy. Any papers provided by you and any deeds or documents provided by us in connection with the work carried out will become your property.

Copyright

All copyright in documents we produce is reserved to us.  Advice given and documents prepared are for your use only and may not be copied or used by any third party without our express written consent.

Destruction of Correspondence Files and Electronic Storage

Once your work is completed, we will arrange for your file to be scanned.  Your paper file will be destroyed after 28 days.  We then store the scanned electronic files for the period deemed appropriate by The Law Society of Scotland.  We will charge you for the costs of scanning the hard copy correspondence file, which we out-source to third-party sub-contractors, who have to maintain strict confidentiality procedures. The charge for scanning will be £15.00 plus VAT.  Should you require a copy of the electronic file, we may charge you for printing and posting costs.  You should be aware that a copy of a document may not be as good as the original if it is later needed in court as evidence. We will not destroy documents that are required to be retained or that you ask us to return to you. Please let us know that you wish it to be returned when you send it to us. 

Storing of Title Deeds & Documents

We may store title deeds and other documents for you. At the moment we make no charge for this service, but we reserve the right to charge you for doing so. If we propose to charge you for such a service, we shall notify you of the charges in advance. Documents given to us for safe keeping will not be destroyed without your prior approval, providing it is clear from your instructions that the documents are to be retained. We will be entitled to make an administrative charge of £25 + VAT for releasing such documents to you or on your instructions.

Key Dates

On completion of certain pieces of work (e.g. property or commercial transactions) there may be future key dates at which some action by you will be required; for example, to exercise or preserve a right to discharge an obligation.  Although we may contact our client around these dates, the ultimate responsibility for ensuring all key dates are met lies with you. The Firm will not be responsible for diarising and reminding you of any key date(s).

Disability Access Policy

We seek to ensure that all our services are accessible to clients, where reasonably practicable.  If you require any aid or assistance to enable you to attend a meeting or conduct business with us please contact us and arrangements to suit you will be put in place.  

Data Protection

During the course of carrying out work on your behalf and for as long as is necessary at the end of that matter for our internal record-keeping purposes, we shall need to collect and keep information about you (e.g. name, address, email etc.). This information will be processed and kept securely in accordance with the data protection legislation prevailing from time to time and in accordance with the terms of our Privacy Notice, a copy of which is attached, and shall only be used for the purposes of providing you with our legal services, marketing or as otherwise agreed with you.

Third Parties

If we have engaged the services of others on your behalf as approved by you (such as Counsel, overseas lawyers and/or expert witnesses) or services are provided by other professionals (such as accountants or surveyors) engaged by you, we are not liable for any service/advice provided (whether or not such service/advice is provided directly to us) and we will not be responsible for any act or omission of such other persons.

There are occasions when we may not be able to undertake legal work on your behalf. This may for example be due to the type of legal work you require the Firm to undertake and which type of work the Firm would not normally undertake. Where we cannot undertake legal work on your behalf we will, if requested, and always with your consent, source alternative legal representation for you. If we are able to source alternative legal representation on your behalf (a) we will not be liable or responsible for any act or omission of the third party solicitor and (b) we may receive a commission payment from the third party solicitor for introducing work to them

Cancellation of Services

If you are instructing us as a consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contract Regulations”)

  1. and you have entered into a contract with the Firm either at a distance or off the Firms premises then you may have a right to cancel that contract if the Consumer Contract Regulations apply;
  2. If you cancel the contract after making a request that the Firm should begin to provide services during the 14-day cancellation period, you will pay to the Firm that firm of that part of the agreed fee which is proportionate to those of the envisaged services which might have been performed until receipt of your cancellation. If you have made a request to begin the performance of services, you have no right to cancel the services after the services have been completed.

Termination of Engagement

Either you or the Firm may terminate our professional relationship at any time by giving written notice to that effect. In the event that you choose to terminate our professional relationship, we will render an account showing all fees, outlays and expenses incurred prior to the termination and due to the Firm. Should you wish any correspondence file (or a copy) or any other documents sent to another solicitor, an additional charge may be made by us in connection with this request. Delivery of the file and any other documents may, at our option, be subject to payment of this charge and settlement of all outstanding fees, outlays and expenses. We will not terminate our professional relationship without good reason (e.g. where a conflict of interest has arisen, if the action you are requesting us to take is contrary to our professional rules of conduct or if a breakdown in our relationship occurs), whether in its entirety or with respect to a particular piece of work.

Variation

These terms may be amended by us, in our absolute discretion, from time to time. The form prevailing at any time shall be available at www.stevenson-marshall.co.uk.

Acceptance of Terms of Engagement

Your continuing instructions to us will confirm your acceptance of these Terms of Engagement.  If you are not prepared to accept these Terms of Engagement, please notify your Supervising Partner or our Client Relations Partner in writing without delay.  Unless otherwise agreed, these Terms of Engagement shall apply to any future instructions you may give to us.

Governing Law

Our engagement shall be governed by and construed in accordance with the Law of Scotland and, by your acceptance (whether deemed or actual) of the Letter of Engagement, you agree that in the event of any dispute, the matter may be dealt with only be the Scottish courts.

Stevenson & Marshall LLP Client Privacy Notice

Stevenson & Marshall will be a "controller" of the personal information that you provide to us when you instruct us to act on your behalf.

When you become a client of Stevenson & Marshall, we will collect, store and use the personal information that you provide to us in your instructions and during the course of our solicitor/client relationship.  We may ask you for additional personal information during the course of our solicitor/client relationship, which shall be collected, stored and used in accordance with this privacy notice.

We may also collect, store and use the following personal information relating to you from third parties from time to time and if you would like information regarding any such information, please let us know.

Why we need your personal information – contractual purposes

We need to collect your personal information so that we can perform our service agreement with you.  We will use your personal information to:

provide you with legal advice, including by communicating with you by email, letter and/or telephone; represent you as your solicitors in connection with any legal matter you instruct in; respond to and communicate with you regarding your questions, comments, support needs or complaints, concerns or allegations in relation to the provision of legal services by us to you, including using your personal information to investigate any complaint by you and take any appropriate action.

In relation to any information you provide us with relating to your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation, we will only store that information where it specifically relates to, and is relevant to, the legal advice/services you have asked us to provide you with.

If you do not provide us with all of the personal information that we need to collect then this may affect our ability to provide you with legal advice and represent you as your solicitors.

Why we need your personal information – legal obligations

We are under a legal obligation to process certain personal information relating to our clients for the purposes of complying with our obligations under:

the Law Society of Scotland requirements for solicitors, including the Law Society of Scotland Practice Rules 2011, and relevant legislation, including the Legal Services (Scotland) Act 2010; and

UK anti-money laundering legislation, including The Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (SI 2017 No. 692) and Proceeds of Crime Act 2002.

Why we need your personal information – legitimate interests

We also process our clients' personal information in pursuit of our legitimate interests to:

send clients communications by email or post with information regarding legal updates and information; promote our services by sending clients communications with information regarding our firm and our services; invite our clients as guests to any events we may hold.

Where we process your personal information in pursuit of our legitimate interests, you have the right to object to us using your personal information for the above purposes.  If you wish to object to any of the above processing, please contact us by email on pk@stevenson-marshall.co.uk, by telephone at 01383 721141, or by writing to us at:

Pauline Kennedy
Stevenson & Marshall LLP
41 East Port
Dunfermline
Fife
KY12 7LG

 

If we comply with your objection, this may affect our ability to undertake the tasks above for the benefit of you as a client.

Who we share your personal information with

We may be required to share personal information with statutory or regulatory authorities and organisations to comply with statutory obligations.  Such organisations include the Law Society of Scotland for compliance purposes and the Police National Crime Agency for AML purposes.  We also use credit reference agencies such as Transunion in order to comply with our AML obligations.  More information about Transunion’s privacy notice and activities is available here.  https://www.transunion.co.uk/legal-information/bureau-privacy-notice

Stevenson & Marshall employs third party suppliers to provide services, including client case management software, IT services, file storage and destruction services, and cashroom services.  These suppliers may process personal data on our behalf as "processors" and are subject to written contractual conditions to only process that personal data under our instructions and protect it.

We may also share personal data with other professional advisors for the purposes of taking advice.

In the event that we do share personal data with external third parties, we will only share such personal data strictly required for the specific purposes and take reasonable steps to ensure that recipients shall only process the disclosed personal data in accordance with those purposes.

How we protect your personal information

Your personal information is stored on our electronic filing system and our servers based in the UK, and some data is also stored in paper files in our storage system within our offices. This data is accessed by our staff and data processors for the purposes set out above.  We have appropriate safeguards in place to protect your data.

How long we keep your personal information

We keep our clients’ personal data indefinitely to ensure ongoing compliance with our legal and contractual obligations as set out above. 

Your rights

You can exercise any of the following rights by writing to us at
pk@stevenson-marshall.co.uk or:

Pauline Kennedy
Stevenson & Marshall LLP
41 East Port
Dunfermline
Fife
KY12 7LG

Your rights in relation to your personal information are:

you have a right to request access to the personal information that we hold about you by making a "subject access request";

if you believe that any of your personal information is inaccurate or incomplete, you have a right to request that we correct or complete your personal information;

you have a right to request that we restrict the processing of your personal information for specific purposes; and

if you wish us to delete your personal information, you may request that we do so.

Any requests received by Stevenson & Marshall LLP will be considered under applicable data protection legislation.  If you remain dissatisfied, you have a right to raise a complaint with the Information Commissioner's Office at www.ico.org.uk

 

 

 

 

 

 

 

 


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