This subtopic contains guidance and tools for law firms in relation to client cancellation rights that may apply under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This subtopic will help you understand whether the Regulations apply and, if they do:
whether you need to comply with requirements about distance contracts or off-premises contracts
the differences in those requirements
To have the benefit of cancellation rights under the Regulations your client must be an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
A solicitor/client retainer is a contract for services for the purpose of the Regulations.
The Regulations will apply if your retainer falls within the definition of:
an off premises contract, or
a distance contract
See Practice Note: Different types of cancellation rights—law firms and Different types of cancellation rights—law firms
The definition of off-premises contract has several alternatives:
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
The Office of Financial Sanctions Implementation (OFSI) has imposed a monetary penalty of £4,732,830.58 on Citibank, N.A., London Branch (CBNA London)...
HM Treasury (HMT) has announced its intention to double the maximum fine available to the Office for Financial Sanctions Implementation (OFSI) from...
The Serious Fraud Office (SFO) has announced that a confidential out-of-court settlement has been reached between Eurasian Natural Resources...
The Information Commissioner's Office (ICO) has launched a consultation on draft guidance on the use of anonymisation and pseudonymisation for...
Letter to complainant—written response—deadlock or final letter[Insert complainant’s name][Insert complainant’s contact address]Our ref: [insert complaint reference number]Dear [insert complainant’s name]I am writing to confirm I have concluded the investigation of your complaint that I received on
Can solicitors instruct themselves?Under the SRA Principles, you must act:•in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice•with integrity•in a way that upholds public trust and confidence in the professionThe SRA Codes of Conduct
Can I charge my client for preparing the client care letter?Whether you can charge your client for preparing your client care letter appears to be more of a contractual issue than a compliance matter. The Solicitors Regulation Authority (SRA) prohibits you from charging a client for handling a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
0330 161 1234