PAIL Solicitors Limited – Retainer Service Terms and Conditions
These Terms and Conditions apply to retainer services provided by PAIL Solicitors Limited ("PAIL Solicitors", "the Firm", "we", "us") to the client ("you", "the Client"). PAIL Solicitors Limited is a company registered in England and Wales under company number 13350694 and is authorised and regulated by the Solicitors Regulation Authority under SRA reference number 827265.
1. Retainer Plans and Scope
Our current retainer arrangements comprise the Solicitor Access Retainer, Business Legal Retainer and Outside General Counsel Retainer, together with bespoke retainer arrangements where expressly agreed.
Current retainer options, indicative pricing and service descriptions are available on our Legal Retainer Plans page.
The precise scope of any retainer is determined by these Terms together with the written proposal, engagement letter, agreed monthly allowance and any other document expressly incorporated into the engagement.
References to categories of legal work do not mean that every matter falling within that category is included within the monthly retainer. Whether a particular piece of work is included will depend on its complexity, urgency, anticipated time requirement and the agreed monthly scope and capacity.
1.1 Solicitor Access Retainer
The Solicitor Access Retainer provides oral legal advice only, subject to the agreed monthly limits.
- Up to 2 hours of oral legal advice in each monthly billing period.
- Maximum of 4 consultations in each monthly billing period.
- Each consultation is limited to a maximum of 30 minutes.
- Consultations may take place by telephone or scheduled video call.
- Unused time or consultations do not roll over into future months.
Unless otherwise agreed in writing, the Solicitor Access Retainer does not include document review, drafting, written legal advice, legal research, correspondence with third parties, negotiations, representation, litigation or other substantive legal work.
Any work outside this scope will be separately quoted or agreed before it is undertaken.
1.2 Business Legal Retainer
The Business Legal Retainer provides ongoing legal support within an agreed monthly scope and capacity.
The engagement letter or retainer proposal will identify the work included, the monthly capacity, any exclusions and the basis on which additional work will be charged.
Unless expressly included, substantial litigation, major transactions, specialist counsel fees, court fees, expert fees, substantial due diligence exercises and work outside the agreed monthly scope are not included.
1.3 Outside General Counsel Retainer
The Outside General Counsel Retainer is individually scoped according to the organisation's anticipated legal workload, complexity, response requirements and level of strategic support.
The agreed proposal will specify the included services, monthly capacity, exclusions and charging arrangements for additional or exceptional work.
1.4 Bespoke Retainers
We may agree a bespoke retainer where a client's requirements do not fit within the standard plans. Any bespoke arrangement must be recorded in writing and will prevail over these Terms to the extent of any express inconsistency.
2. Formation of the Retainer
No retainer begins until the Firm has completed any required conflict, identification, regulatory and onboarding checks and has confirmed the engagement in writing.
The Firm is not obliged to accept any matter merely because it falls within a retainer category or practice area.
3. Term
The initial term of the retainer will be stated in the engagement letter or retainer proposal.
Unless otherwise agreed in writing, the retainer will continue for the agreed minimum period and thereafter in accordance with the renewal and termination provisions stated in the engagement documentation.
4. Termination
Either party may terminate the retainer by giving the notice specified in the engagement letter or retainer proposal.
The Firm may suspend or terminate the retainer immediately where required by law or regulation, where a conflict of interest arises, where fees remain unpaid, where the solicitor-client relationship has broken down, or where continuing to act would be improper or unreasonable.
Termination does not affect liability for fees, costs or disbursements properly incurred before the effective date of termination.
5. Fees, VAT and Payment
Retainer fees are payable monthly in advance unless otherwise agreed in writing.
All published retainer prices are exclusive of VAT unless expressly stated otherwise.
Counsel's fees, court fees, expert fees, filing fees, search fees, travel expenses and other third-party costs are not included unless expressly stated in writing.
Work falling outside the agreed retainer scope may be charged at an agreed hourly rate or under a separately agreed fixed fee.
6. Monthly Allowances and Unused Capacity
Monthly allowances, consultation limits and reserved capacity apply only to the relevant monthly billing period.
Unless otherwise agreed in writing, unused hours, consultations or capacity do not accumulate or roll over into subsequent months and have no cash value.
7. Response Times and Priority Access
Retainer clients receive priority access to the Firm. Any specific response target or service level will be stated in the engagement letter or retainer proposal.
Response times may be affected by urgency, complexity, court commitments, regulatory obligations, conflicts, third-party availability or other circumstances outside the Firm's reasonable control.
No retainer constitutes a guaranteed emergency or 24-hour legal service unless expressly agreed in writing.
8. Named Solicitor and Delegation
Where a named solicitor is identified as the principal point of contact, that solicitor will normally oversee the engagement.
The Firm may allocate appropriate work to other solicitors, lawyers, consultants, counsel or external specialists where reasonably required, subject to professional and regulatory obligations.
9. Conflicts of Interest
Each new matter remains subject to conflict and regulatory checks. Retainer status does not guarantee that the Firm will be able to act in relation to every future matter.
10. Confidentiality
The Firm will keep client information confidential subject to applicable legal, professional and regulatory obligations.
The Client must also protect confidential or privileged information supplied by the Firm and must not disclose advice to third parties without prior agreement where doing so may affect confidentiality or privilege.
11. Intellectual Property in Documents and Materials
Intellectual property rights in precedents, templates, know-how and other proprietary materials created or owned by the Firm remain with the Firm unless expressly agreed otherwise.
The Client may use documents and advice prepared specifically for the Client for the purpose for which they were provided.
12. Regulatory Compliance and Right to Decline Work
The Firm may refuse, suspend or cease work where required by legal, regulatory, professional or ethical obligations or where the Firm reasonably considers that continuing to act would be inappropriate.
Where this occurs, the financial consequences will be dealt with in accordance with the engagement letter, applicable law and professional obligations.
13. Liability
Any limitation or exclusion of liability applicable to the retainer will be set out in the engagement letter or other applicable client-care documentation and will be subject to applicable law and professional regulatory requirements.
14. Complaints
Any complaint about our service should be raised in accordance with the Firm's complaints procedure and the complaints information provided in the client-care documentation.
15. Changes to Retainer Fees or Scope
The Firm may review retainer pricing, scope and monthly capacity periodically. Any proposed change applying to an existing Client will be notified in advance and will take effect in accordance with the relevant engagement terms.
16. General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.
No amendment to an individual retainer is effective unless confirmed in writing by the Firm.
17. Governing Law and Jurisdiction
These Terms and any retainer engagement are governed by the law of England and Wales, subject to any mandatory rights or regulatory provisions that apply.