Terms of Business
These Terms of Business apply to all work we carry out for you. They should be read together with our Engagement Letter (also called a Scope Letter). If there is any inconsistency, the Engagement Letter takes priority for your matter.
1. Our Service
What we do
We provide legal services for family law matters in Scotland. This includes advice on separation and divorce, child arrangements, Minutes of Agreement, financial provision on divorce, cohabitation claims, protective orders, and related court and negotiation work.
How we work
- We will agree the scope of work with you in writing and confirm who will be responsible for your case.
- We aim to deliver clear, practical advice, progress matters efficiently, and keep you updated.
- We will tell you about important developments, likely timescales, and any expected delays.
2. Scope and Important Exclusions
Tax, pensions and financial planning
Unless we expressly agree in writing, we do not provide specialist advice on tax (including Capital Gains Tax), pensions tax treatment, investment strategy, accountancy, or financial planning. These issues can significantly affect outcomes in family cases. If we identify that such issues may be relevant, we will tell you and recommend that you obtain independent specialist advice. We can liaise with your chosen adviser if you wish.
What is and is not included
- We will carry out the legal work described in your Engagement Letter.
- Any additional tasks or new issues will be treated as a variation and may require a further agreement on scope and fees.
- We do not advise non-clients or third parties and owe duties only to you as our client.
3. Communication
How we will contact you
We may contact you by letter, email, telephone, video call, or secure portal. Tell us if you do not want a particular method used. Please keep your contact details up to date and let us know promptly if they change.
Electronic communications
Email and other electronic communications carry risks, including interception or unauthorised access. We use appropriate safeguards, but cannot guarantee absolute security. Let us know if you require encrypted alternatives.
4. Confidentiality and Conflicts
Confidentiality
Information you provide is confidential. We will not disclose it unless you agree, we are permitted or required by law or regulation, or disclosure is necessary to carry out your instructions.
Conflicts of interest
We cannot act where there is a conflict of interest. If we identify a conflict or a potential conflict, we will discuss next steps with you and may have to cease acting.
5. Fees, Outlays and Payment
Our fees
Our fee basis will be set out in your Engagement Letter or fee estimate. Further information about funding and pricing is available on our website by clicking here.
Outlays (disbursements)
Outlays are third-party costs we must pay on your behalf (for example, court fees, expert reports, searches, service of documents). You are responsible for these. We may require payment in advance before incurring outlays.
Payments to account and interim billing
We may ask for payments to account and issue interim invoices. This helps manage costs and keep your matter moving.
When payment is due
Invoices are due for payment within 7 days of issue unless stated otherwise on the invoice. You can pay by bank transfer, debit or credit card. If an invoice is not paid, we may suspend work and retain papers until payment is received. If we hold money for you, we may apply it to outstanding invoices before releasing any balance.
Urgent work
Where we need to prioritise your matter urgently, a 20% uplift to our normal fees may apply. We will tell you if this is likely.
6. Client Responsibilities
- Provide full, accurate and timely instructions and all relevant documents.
- Tell us promptly about any change in your circumstances.
- Consider obtaining independent specialist advice where we recommend it (for example, tax or pensions).
- Meet agreed deadlines and attend appointments or hearings as required.
If you do not do these things, your matter may be delayed or your position prejudiced. We are not responsible for losses caused by missing or incomplete information or delays outside our control.
7. Client Money and Interest
Funds we hold for you are kept in a client account. Interest is calculated at the rate actually earned on the client account and may be paid where the amount exceeds £50. Interest is paid gross and may be taxable. If funds are received in a foreign currency, we will convert them at the bank’s prevailing rate unless you instruct otherwise in advance. We are not responsible for losses arising from bank failure, though statutory protection schemes may apply.
8. Anti-Money-Laundering and Identity Checks
We must verify identity and, where relevant, the identities of people connected to you (for example, company directors, trustees, beneficiaries). We may carry out electronic checks with credit reference or fraud prevention agencies. If satisfactory evidence is not provided, we cannot act. We may also have to report suspicions of criminal property to the authorities and may need to suspend work pending consent. We cannot tell you if a report is made.
9. Using Third Parties and Experts
Where appropriate, we may recommend or instruct third-party experts or agents (for example, surveyors, accountants, pensions on divorce experts, counsel). We will take care in selection and will discuss costs with you. They are responsible for their own advice and services. You are responsible for their fees and outlays.
10. Your Data and Privacy
How we use your personal information
We process personal data to provide legal services, comply with our legal obligations, manage our business, and keep you informed about relevant legal updates or services. You have rights over your data, including access, correction and, in some cases, deletion or restriction. For details, please contact us. Details of our professional indemnity insurance are available on request.
Marketing consent
We may contact you with information about legal issues or our services that may interest you. You can opt out at any time by telling us.
File storage and retention
We keep client files for a period we consider reasonable for your matter and in line with legal or regulatory requirements. We may store files electronically or in paper form. After the retention period, files may be securely destroyed. If you want original documents returned, please tell us when you provide them.
11. Ending Instructions
You may end your instructions at any time by telling us in writing. We may also cease acting for reasonable cause, including where fees are unpaid, instructions are not provided, or a conflict arises. When instructions end, you are responsible for our fees and outlays up to that date and for reasonable handover costs. We may retain papers until amounts due are paid.
12. Feedback and Complaints
If you are unhappy with our service or fees, please raise this with the person responsible for your case first. If you remain dissatisfied, contact our Client Relations Partner, Brian Rooney. We will investigate and aim to respond within 10 working days. If your complaint is not resolved, you can raise it with the Scottish Legal Complaints Commission (SLCC). Complaints to the SLCC must normally be made within six months of our final response.
13. Force Majeure
We are not responsible for any delay or failure in performing our obligations caused by events beyond our reasonable control, including but not limited to industrial action, acts of God, epidemic or pandemic, interruption of utilities or communications, or changes in law or regulation.
14. Changes to These Terms
We may update these Terms from time to time. The version that applies to your matter is the version in force when we accept your instructions, unless we agree otherwise with you in writing. The current version is available on our website.
15. Law and Jurisdiction
Our contract with you is governed by the law of Scotland. Any dispute may be brought in the Scottish courts.
16. Our Regulator
We are regulated by the Law Society of Scotland.
Contact
Rooney Family Law Ltd
info@rooneyfamilylaw.co.uk 52 Main Street, Uddingston G71 7LS
Website: www.rooneyfamilylaw.co.uk
Version 2.1 – Effective October 2025 • Supersedes all previous versions.