Transparent Pricing

The Law Society has issued Guidance on what is called “Transparent Pricing” requiring legal practises to make pricing information available.  This is information to be made available to clients and potential clients about fees, outlays and costs that may be incurred when instructing Solicitors.  The Guidance is in place for all firms in Scotland that offer legal services to consumers/private clients.

On our website, we provide some examples of pricing of services in which we practise.  These are, as required, only illustrations and not definitive costs.  No two legal cases or transactions are the same and the uniqueness of the work is thus matched by the charges for it.  Some kinds of work carry a fixed fee, some based on the degree of responsibility and others are calculated by a scale or unit cost varying with the amount of time or other effort that is appropriate for the completion of the case or transaction.  Over and above fees, outlays are charges and costs paid out by the Firm on behalf of the client to other companies, offices, organisations – eg the Sheriff Court, the Registers of Scotland, searching companies, local authorities and others.  These charges are incurred by the client as a necessary part of the work being done.  The Firm makes no profit on these outlays, and they are simply passed on to the client at whatever cost is charged by the organisation being paid.

We hope the following examples are helpful in outlining the type of charges you are likely to incur. Upon instructing us, where possible, all work to be carried out will be confirmed in a written quotation, including outlays and VAT, and our hourly rates detailed in our Terms of Business.  Our hourly rates typically range from £170 per hour up to £275 per hour (depending on the experience of the relevant fee earner, the complexity of the matter in question and other pricing factors).  All hourly rates are stated exclusive of VAT at the applicable rate and outlays.  In certain cases, including where matters are particularly complex or high value we may adjust rates to take account of the work involved.  You will be notified of all such rates in writing.

Clients or potential clients reading this Price Transparency material should contact one of our solicitors for the specific and detailed estimate/quotation of fees as well as discussing the work to be done and any other preliminary matters.

Residential Conveyancing Fees

Usually our fees are fixed based on the value of the property which corresponds to the level of risk being undertaken by our firm in the purchase of the property. Our typical fees for purchases of residential property are set out below. The below estimates assume that title to the property is already registered at the Land Register. Where the title is recorded in the Sasine Register or is a complex transaction, the fees may be based on the time spent on the transaction and this will be notified to you in writing (see Hourly Rates section below).
Estimates of fees, exclusive of VAT which is chargeable on the estimate at the applicable rate, from £450 to £795 depending on the value of the property, up to a value of £200,000. Where the value is over £200,000 the fee is estimated to be around 0.5% of the price, plus VAT at the applicable rate.
The precise stages involved in the purchase of a residential property vary according to the circumstances. Typically, the above estimated fees cover:

  • Receiving your instructions.
  • Preparing and submitting a single formal offer to purchase.
  • Negotiating and concluding missives with the seller’s solicitor.
  • Receiving and reviewing the title deeds and property searches.
  • Raising due diligence queries with the seller’s solicitor.
  • Preparing a draft Disposition and negotiating the terms of the draft Disposition with the seller’s solicitor.
  • Preparing a Land and Buildings Transaction Tax Return.
  • Reviewing the final property searches.
  • Effecting completion of the purchase.
  • Finalising and submitting the Land and Buildings Transaction Tax Return.
  • Arranging registration of your title to the property at the Land Register.

In addition to our fee, registration dues and Land and Buildings Transaction Tax (LBTT) are payable based upon the purchase price of the property. Additional Dwelling Supplement may also be payable depending on individual circumstances and we can advise on this. Please use the following links to access the current https://kb.ros.gov.uk/fees/registration-fees and Land Tax Calculator from the Scottish Government.

Where a client is utilising a First Home Fund/Help to Buy or similar scheme, it may be necessary to charge an additional fee in relation to this element.

Usually our fees are fixed based on the value of the property which corresponds to the level of risk being undertaken by our firm in the sale of the property.  Our typical fees for sales of residential property are set out below.  The below estimates assume that title to the property is already registered at the Land Register.  Where the title is recorded in the Sasine Register or is a complex transaction, the fees may be based on the time spent on the transaction and this will be notified to you in writing (see Hourly Rates section below).

Estimates of fees, exclusive of VAT which is chargeable on the estimate at the applicable rate, range from £450 to £795 depending on the value of the property, up to a value of £200,000.  Where the value is over £200,000 the fee is estimated to be around 0.5% of the price, plus VAT at the applicable rate.

The precise stages involved in the sale of a residential property vary according to the circumstances. Typically, our estimated fees cover:

  • Noting receipt of a single acceptable offer.
  • Taking your instructions, negotiating and concluding missives with the purchaser’s solicitor.
  • Preparing a title pack and exhibiting the same to the purchaser’s solicitor.
  • Obtaining property searches and providing the same to the purchaser’s solicitor.
  • Dealing with any due diligence enquiries raised by the purchaser’s solicitor.
  • Preparing and lodging an Advance Notice.
  • Negotiating the terms of a Disposition with the purchaser’s solicitor.
  • Obtaining the final property searches.
  • Effecting completion of the sale.

We do not provide (and our estimated fees do not include) estate agency services. Where a third party estate agent has been instructed to market the property for sale, the agent may prepare a Home Report, which includes a property valuation. We will not be responsible for checking the terms of the Home Report or the valuation.

In addition, you will be required to pay outlays. Outlays are costs related to your matter that are payable to third parties, such as Registers of Scotland and property search companies. Typical outlays include:

  • Property search fees: £125
  • Registers of Scotland – fee for registering Discharge: £80
  • Advance notice registration fee for Discharge: £20

Electronic money transfer fee: £16

Where a client had repaid their mortgage and their Standard Security required to be discharged, our estimated fee for completing the discharge depends on whether the lender is involved in the Registers of Scotland digital discharge service. Where the lender is involved in this service, our fee is estimated at £150 plus VAT at the applicable rate, together with outlays incurred in registration of the Discharge in the Land Register, currently £80.

Where the lender is not involved in the digital discharge service, our estimated fee is £200 plus VAT at the applicable rate, currently 20%, together with outlays incurred in registration of the Discharge in the Land Register, currently £80.

Where a client wishes to remortgage their property, our estimated fees are in the region of £495 together with VAT thereon at the applicable rate.  Where the title to the property is currently recorded in the Sasine Register and requires to be registered for the first time in the Land Register, it may be necessary to charge an additional fee of around £200 to cover the work involved in that registration.  Again, VAT at the applicable rate is added to that estimate.

Where a client wishes to remortgage their property, our estimated fees are in the region of £495 together with VAT thereon at the applicable rate.  Where the title to the property is currently recorded in the Sasine Register and requires to be registered for the first time in the Land Register, it may be necessary to charge an additional fee of around £200 to cover the work involved in that registration.  Again, VAT at the applicable rate is added to that estimate.

Sample Legal Fees

A Will is an important document to get right to ensure that your money, property and possessions go to those you wish to benefit.  It is important to have a Will as in Scotland the laws of  Succession are be complex and  your assets may not pass to those you would wish to benefit  Our firm can provide   advise on what is needed   to prepare and execute  even the most basic Will.  We can provide advice about potential or actual exposure to Inheritance Tax, and consider how to deal with more complex family circumstances, which may require the inclusion of Trust provisions in your Will.  The fee charged will depend on the work required for each client.

For a basic job of consultation, advice, preparation of the single Will, (without any complex clauses), completion, execution and storage, the fee may be £150plus VAT £40, or £280 plus VAT £56 for a couple of matching Wills.

There are usually no outlays associated with this process.

People may assume that family members can step in and assist should they be no longer about to manage their own financial or wealth affairs.  A Power of Attorney allow you to appointa trusted friend,  family member or Advisor to act  of your behalf should you become unable to manage your affairs.,  The Power of Attorney can include powers for the people you appoint as your Attorney’s to manage both your financial and welfare affairs.The document is complex and should be tailored to fit your ownspecific needs and circumstances..  A Power of Attorney will require a consultation with one of our Private Client team, the drafting of the Power of Attorney  document, its completion and execution (ie signing and witnessing) – it must also be certified by the solicitor, and then registered with the Public Guardian Scotland (OPG) to take effect.

For a basic single POA, the fee may be £240 plus VAT £48, or £450 plus VAT £90 for a couple with mirror image  POAs.  There may be an additional fee if a home or hospital visit is required.  The outlay is currently £81 per POA, charged by and paid to the OPG.

The exact extent/amount of work cannot be specified in advance as it is dependent on many different factors specific to each case.  The Terms of Engagement letter often requires to include a time and line/hourly/unit rate charge.

A possible fee (based on that hourly/time and line formula) may be £2,300 plus VAT £460.

Outlays may include Sheriff Court initial dues £132, additional fee £57, psychiatric fee £240, medical report £300, sheriff officers for service of application etc £140.

Given the broad range of such work, accurate fee guidance is impossible, and the Terms of Engagement often require to include a time-and-line/hourly/unit rate charge.  Outlays will depend on the nature of the work.

Dealing with the death of a loved one is an extremely difficult time, and often you will need help with the administrative taks required to wind up an Estate.  It is a complex area of law , and often impossible, to give accurate levels of fee in advance.  The Terms of Engagement often require to include a time-and-line/hourly/unit rate charge.  If there deceased person had no Will, there will be increased work and costs involved.

The work will involve meetings and consultations between the executor (either appointed under the Will or through the Court if there is now Will) and a member of our Private Client team.  We may need to liaise with third parties such asbanks, building societies, share registrars, employers/pension administrators, DWP, HMRC, council tax departments, factors, mortgage lenders to gather all information about the assets and liabilities of the person who has passed away. It  can involve drafting court documents and forms for Confirmation (Scottish equivalent of Probate), dealing with the Sheriff Court processing the forms, ingathering the final estate (ie collecting in all the money), accounting to the executor and distributing the bequests and shares of estate among beneficiaries.

It may also require us to handle other claims on the Estate, such as Legal rights claims, and it may also require a full Inheritance tax account to be prepared and submitted to HMRC.

There may also be a home/heritable property to sell or settle.  That work is not included in this example as it is a conveyancing process (see Sale of Property above), nor is calculating and dealing with Inheritance Tax which affects only a limited number of estates and generates considerable work.

The fee for executry work in winding up a particular estate will vary dependant on the issues outlined above, but for a simple Estate, where we are handling the entire Estate administration, it  might amount to £2,000 plus VAT £400.  But this can increase significantly dependent on the nature of the Estate and any complex family issues.

Outlays may include Court Confirmation dues which start at  £266 plus £8 for each individual certificate if needed.

As general practice we advise clients on a variety cases and transactions.  There is no limit to the range of needs of clients when it comes to legal services.

We do not offer preliminary consultations without charge.  Some examples of miscellaneous charges are:-

Notarising/certifying documents a fee may be £50 plus VAT £10.  No outlays