Agency Terms of Attendance

1. Agency Relationship & Status

1.1 Appointed Representative: The Instructing Firm designates the Agent (and its specific representative, Robert Cashman or other accredited representative) as an "appointed representative" for the purposes of the Legal Aid Agency (LAA) Standard Crime Contract.

1.2 Non-Employment: The Agent acts solely as an independent contractor. Nothing in this agreement creates an employer-employee relationship. The designation of "employee" is accepted solely for the technical purpose of meeting LAA supervision requirements, and creates no employment rights or obligations under employment law.

1.3 Professional Indemnity: All work is carried out under the professional indemnity insurance of the Instructing Firm. The Instructing Firm retains full conduct and professional responsibility for the case.

2. Fees & Payment

2.1 Standard Rates: Unless expressly agreed otherwise in writing, fees will be charged in accordance with our Published Service Rates (Standard Rate increases to £160.00 from 22.12.25). Note that Murder cases and complex cases are explicitly excluded from standard rates and fee agreements must be made individually for such matters.

2.2 Holiday Rates: Attendances on Bank Holidays, Christmas Day, and New Year's Day are charged at the full police station attendance fee as given to the provider by the Legal Aid Agency, not standard agency rates.

2.3 Bailback Fees: A specific fee of £50.00 + VAT + Disbursements applies to all "bail-to-return" (bailback) attendances, charge procedures, and re-interviews where no new arrest has been made. This is a distinct charge separate from any initial attendance fee.

2.4 Disbursements & Mileage: Mileage is charged from our office (TN15 6ER), irrespective of the Instructing Firm's location. Receipts will not be provided for expenses/disbursements under £10.00.

2.5 Payment Terms: Invoices are submitted upon completion of the attendance note. Payment is due strictly within 30 days of invoice date. Time for payment is of the essence.

2.6 Late Payment: We reserve the right to charge statutory interest at 8% above the Bank of England base rate on all overdue invoices, plus a fixed sum for debt recovery costs, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

2.7 No Pay-When-Paid: Our fees are payable by the Instructing Firm as a primary debt. Liability for our fees is not contingent upon the Instructing Firm receiving payment from the Legal Aid Agency or a private client. "Pay-when-paid" clauses are expressly excluded.

2.8 Cancellation: Once an agent has been dispatched to the police station, the full attendance fee remains payable regardless of whether the interview proceeds, the client declines advice, or the police cancel the interview. Cancellation prior to dispatch may attract a partial fee if notice is less than 2 hours.

3. Service Limitations & Exclusions

3.1 Scope: The instruction covers attendance at the police station for the specific matter instructed only. It explicitly excludes:

• Court appearances (Magistrates or Crown);
• File maintenance or ongoing case management;
• Drafting of letters, proofs of evidence, or applications post-attendance;
• Prison visits or subsequent consultations.

3.2 Police Conduct: The Agent is not liable for delays, cancellations, or wasted time caused by police operational matters, lack of disclosure, or refusal of access. Such events do not extinguish the liability for the attendance fee.

3.3 Conflict of Interest: The Agent reserves the right to withdraw immediately if a professional conflict of interest arises, in accordance with SRA Codes of Conduct.

4. Data Protection & GDPR (Agency)

4.1 Data Processor: In respect of client personal data, the Instructing Firm is the Data Controller and the Agent is a Data Processor.

4.2 Processing: The Agent will process client data solely for the purpose of providing the instructed legal services and complying with professional obligations.

4.3 Security: The Agent warrants that appropriate technical and organisational measures are in place to protect client data against unauthorised or unlawful processing and accidental loss or destruction.

4.4 Retention: Attendance notes and related data will be retained for a minimum of 6 years for professional indemnity and regulatory purposes, after which they will be securely destroyed.

4.5 Confidentiality: The Agent maintains strict legal professional privilege and confidentiality over all client matters.

5. Liability

5.1 Limitation: The Agent's total liability to the Instructing Firm in respect of any claim (whether in contract, tort, negligence or otherwise) arising out of the services shall be limited to the amount of the Fee paid for the specific instruction, except where such limitation is prohibited by law.

5.2 Consequential Loss: The Agent shall not be liable for any indirect or consequential loss, loss of profit, loss of reputation, or failure to achieve a specific legal outcome.

5.3 Advice Quality: While the Agent will exercise reasonable skill and care, legal advice involves professional judgment. The Agent does not guarantee the outcome of any police investigation.

6. Governing Law

This agreement is governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms.