Policies

Important Notice

What is a freelance solicitor?

A freelance solicitor is a solicitor who provides certain legal services directly to clients on a self-employed basis, without practising through a law firm or other body authorised and regulated by the Solicitors Regulation Authority (SRA).

Freelance solicitors are individually regulated by the SRA and remain subject to the SRA Standards and Regulations, but operate under a different regulatory framework to solicitors practising through an authorised firm — including in relation to insurance and client protections, set out below.

What is a TEP?

TEP (Trust and Estate Practitioner) is a professional designation awarded by STEP (the Society of Trust and Estate Practitioners) to qualified trust, estate and succession planning specialists worldwide. It is separate from, and additional to, my SRA regulation as a solicitor.

Services I do not provide as a Freelance Solicitor

Please note that I am unable to offer legal services in respect of:

• Reserved Legal Activities (as defined in section 12 and schedule 2 of the Legal Services Act 2007), namely: the exercise of a right of audience; the conduct of litigation; reserved instrument activities; probate activities; notarial activities; and the administration of oaths. Please see the following link for more information: legalservicesboard.org.uk.
• Immigration work.
• Regulated claims management, as set out in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, for example: consumer claims in respect of financial products; personal or criminal injury claims; industrial disease claims; employment claims; and housing disrepair claims.
• Financial services activities, as set out in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, for example: advising on or arranging investments; insurance mediation; and consumer credit activities. For further information see: legislation.gov.uk/uksi/2001/544/contents.

Client money

As a freelance solicitor, I cannot hold client money in a client account as a solicitor at an authorised firm can. If I need to hold money in connection with your matter, I will use a third-party managed account (TPMA) provider, authorised and regulated by the Financial Conduct Authority (FCA).

Professional Indemnity Insurance and Compensation Fund

Because I am not regulated as an authorised body, I am not required to hold professional indemnity insurance on the SRA’s minimum terms and conditions. Please note that I do not currently hold professional indemnity insurance.

This means that in the event of a negligence claim relating to my work, you would not have the protection of an insurance policy meeting the SRA’s minimum terms, and you may not be able to recover compensation through an insurer.

In addition, as a freelance solicitor, clients instructing me are not eligible to apply to the SRA Compensation Fund. This fund exists as a discretionary, last-resort source of grants for people who have lost money because of a solicitor or firm’s dishonesty or failure to account for money owed, where no other means of redress is available. Because I do not practise through an authorised body, this protection does not extend to my clients.

Before instructing me, please consider this carefully and raise any questions you may have. If you would like to discuss this further before proceeding, please contact me at liam@hemmings-law.com.

Costs

My fees are agreed on a matter-by-matter basis, typically charged either at an hourly rate or as a fixed fee, depending on the nature of the work. Before starting work on any matter, I will provide you with an estimate or a basis for charging.

Full details of costs, billing arrangements and payment terms for your specific matter will be set out in my engagement letter, provided once you instruct me.

Conflicts of interest

Before accepting instructions, I carry out a conflict check to ensure I am not prevented from acting for you, whether because of a conflict between your interests and those of an existing or former client, or because doing so would compromise my independence or duty of confidentiality to another client.

If a conflict, or a significant risk of one, arises during a matter, I will tell you as soon as possible and take appropriate steps, which may include declining to act further, in accordance with the SRA Code of Conduct.

Anti-money laundering checks

As a solicitor, I am a “relevant person” under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, and am required by law to carry out client due diligence before accepting instructions and, in some cases, throughout a matter.

This typically means I will ask you to provide proof of identity (such as a passport or driving licence), proof of address, and, depending on the matter, evidence of the source of funds or source of wealth involved. I may also carry out electronic verification checks and screen you against sanctions and politically exposed persons (PEP) lists.

I am required to keep these checks under review and may ask for updated information during the course of a matter. If I am unable to complete satisfactory checks, I may be unable to act, or may need to stop acting, for you.

Where I know or suspect that funds are the proceeds of crime, I am required to report this to the National Crime Agency (NCA) and, in certain circumstances, am prohibited by law from telling you that a report has been made (“tipping off”).

Equality and diversity

I am committed to promoting equality and diversity in the way I provide legal services, in accordance with the SRA Standards and Regulations and the Equality Act 2010. As a freelance solicitor with no employees, I am not required to publish workforce diversity data under the SRA Transparency Rules, but I remain committed to treating all clients fairly and without discrimination.

Website Terms

General information

This website is operated by Liam Hemmings (“I”, “me”, or “mine”).

“Hemmings Law” is the domain name under which I operate this website and is not a trading name or trading style.

The content of this website is provided for general information purposes only and does not constitute legal advice. You should not rely on any information on this website as a substitute for taking specific legal advice.

Browsing this website, or contacting me through it (including by email), does not create a solicitor-client relationship or any duty of care. A solicitor-client relationship is only formed once I have agreed to act for you and issued an engagement letter setting out the terms of that instruction.

Intellectual property

All content on this website, including (but not limited to) text, images, logos, layout and structure, is owned by or licensed to Liam Hemmings and is protected by intellectual property laws.

You may view, download and print content from this website for your own personal or internal business use only. Any other use, including reproduction, distribution or modification, without my prior written consent is prohibited.

Links to third-party websites

This website may contain links to third-party websites or resources. These links are provided for information purposes only.

I have no control over the content of those websites and do not accept any responsibility for them. The inclusion of a link does not imply endorsement or approval of the linked website or its content.

Accessibility

I want this website to be accessible to as many people as possible. If you experience any difficulty accessing or using any part of this website, please let me know at liam@hemmings-law.com and I will do my best to assist you or provide the information in an alternative format.

Website availability and security

I do not guarantee that this website will always be available, uninterrupted, secure or free from errors, bugs or viruses.

You are responsible for ensuring that your own systems are protected against viruses and other harmful elements.

Limitation of liability

To the extent permitted by law, I exclude all liability for any loss or damage arising out of or in connection with:

• the use of, or inability to use, this website
• reliance on any content displayed on this website
• any errors or omissions in the content

Nothing in this notice excludes or limits liability where it would be unlawful to do so.

Changes to this website

I may update, modify or remove content from this website at any time without notice.

Governing law

This website and its use are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with it.

Review of this policy

I keep these policies under regular review. Any updates will be posted on this page.

Cookie Policy

What are cookies

Cookies are small text files placed on your device when you visit a website. This site uses them to recognise your device, distinguish you from other users, and improve the site's performance and functionality.

The use of cookies is governed by the Privacy and Electronic Communications Regulations 2003 (PECR), alongside the UK General Data Protection Regulation (UK GDPR) where cookies involve the processing of personal data.

Types of cookies used

This website uses the following categories of cookies:

Essential cookies

These cookies are necessary for the operation of this website. They enable core functionality such as page navigation, access to secure areas and basic website features.

You can set your browser to block or alert you about these cookies. However, if you disable them, certain parts of this website may not function properly.

Analytical cookies

This website uses analytical cookies to understand how visitors use it and to improve its performance.

I use Google Analytics and Squarespace, which collect information such as:

• how users arrive at the website
• which pages are visited
• how long users spend on the site

This information is used solely to improve my website and user experience, and is not used to identify you personally.

These cookies are only placed on your device if you provide your consent.

Managing cookies

When you first visit this website, you will be given the option to accept or reject non-essential cookies.

You can also control and manage cookies through your browser settings. Most browsers allow you to:

• block cookies
• delete cookies
• set preferences for certain websites

Please note that disabling cookies may affect the functionality of this website.

Third-party cookies

Some cookies may be set by third-party services that appear on this website, such as analytics providers. These third parties may collect and process your data in accordance with their own privacy policies.

For more information about how Google uses your data, please see policies.google.com/privacy.

For more information about how Squarespace uses your data, please see squarespace.com/privacy.

Changes to this policy

I may update this Cookie Policy from time to time. Any updates will be posted on this page.

Privacy Policy

Purpose of this policy

I take your privacy very seriously. I am committed to handling and protecting your personal data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

This privacy policy explains how and why I collect, use, store and share your personal data in the course of providing legal services.

Data controller

A “data controller” is the person or organisation that decides why and how personal data is used. I am the data controller of your personal data when I act for you or otherwise process your information in the course of my business, and am responsible for determining the purposes and manner of that processing.

Data protection queries

I am responsible for data protection matters in my business and for overseeing questions in relation to this policy. See “Your legal rights”, below, for how to complain to the Information Commissioner’s Office (ICO).

What is personal data

Personal data means any information relating to an identified or identifiable individual.

Processing means anything done with personal data, including collecting, recording, storing, using, disclosing, transferring or deleting it.

This may include:

• identity information (such as name and date of birth)
• contact details
• financial information
• information relating to legal matters

I may also process special category data — a category of more sensitive personal data that receives extra protection under data protection law (for example, information relating to health or other sensitive matters) — where this is necessary for the provision of legal services.

What personal data I collect

In the course of providing legal services, I may collect and process the following categories of personal data:

• Identity data: name, date of birth and identification documents (passport, driving licence, etc.)
• Contact data: address, email address and telephone numbers
• Financial data: bank details, source of funds and transaction information
• Client and matter data: information relevant to the legal matter on which I am instructed
• Family or personal data: where relevant to a matter (for example, wills or disputes)
• Regulatory data: information required for anti-money laundering and compliance checks
• Technical data: IP address, browser type and usage data when accessing this website
• Marketing and communications data: preferences in receiving communications from me

I may also process any other personal data that you provide to me or which is necessary in connection with your matter.

How I may collect your data

I collect personal data from a number of sources, including:

• directly from you (by email, telephone, meetings or correspondence)
• from publicly available sources (such as Companies House, HM Land Registry or court records)
• from third parties involved in your matter (such as other advisers, counterparties or experts)
• from compliance and due diligence providers (including AML and sanctions screening providers)
• through IT systems and case management systems
• via this website and analytics providers

How I use your personal data

I will only use your personal data where permitted by law.

The principal lawful bases I rely on are:

• performance of a contract (providing legal services to you)
• compliance with legal obligations (including regulatory and anti-money laundering requirements)
• legitimate interests (situations where I have a genuine business reason to use your data that does not unfairly affect your rights — for example the operation and management of this business)

Purposes of processing

I use your personal data for the following purposes:

• to provide legal advice and representation
• to take steps prior to entering into a client engagement
• to carry out client onboarding and compliance checks (including AML)
• to manage my relationship with you
• to administer and protect my business and systems
• to comply with legal, regulatory and professional obligations
• to communicate with you, including responding to enquiries
• to send you legal updates or marketing communications where permitted

Where I rely on legitimate interests, I will ensure that your rights and interests are not overridden.

Where I send you marketing communications, you can opt out at any time by clicking “unsubscribe” in any such communication, or by emailing liam@hemmings-law.com.

Sharing your personal data

I may share your personal data with:

• barristers, experts and other professional advisers instructed in your matter
• regulators and public authorities
• counterparties and their advisers where necessary
• banks and payment providers
• IT and case management providers, including Google Workspace and Squarespace
• auditors and professional advisers
• service providers supporting this business

I will ensure that all third parties are subject to appropriate confidentiality and data protection obligations.

International transfers

Where personal data is transferred outside the UK, I will ensure appropriate safeguards are in place, including the use of UK-approved standard contractual clauses or transfers to jurisdictions recognised as providing adequate protection.

Data security

I use Google Workspace.

Access to personal data is limited to those who need it for legitimate business purposes and who are subject to confidentiality obligations.

I have procedures in place to deal with suspected data breaches and will notify you and any applicable regulator where required.

Data retention

I retain personal data only for as long as necessary for the purposes for which it was collected, including to comply with legal, regulatory and professional obligations.

As a general rule, I retain client file data for a minimum of six years following the end of a matter, although longer retention periods may apply depending on the nature of the work or where required for legal or regulatory reasons.

Your legal rights

You have rights under data protection law, including the right to:

• request access to your personal data
• request correction of inaccurate data
• request erasure of your data (in certain circumstances)
• object to processing
• request restriction of processing
• request transfer of your data
• withdraw consent where applicable
• lodge a complaint with the Information Commissioner’s Office (ICO) at any time: www.ico.org.uk

These rights may be subject to legal and professional obligations, including duties of confidentiality.

Exercising your rights

I may need to verify your identity before responding to any request.

I aim to respond to all requests within one month, although this may be extended by a further two months where requests are complex or numerous; I will inform you if an extension is needed and explain why.

Changes to this policy

I may update this policy from time to time. The latest version will always be available on my website.

Contact

If you wish to exercise any of your rights or have any questions about this policy or how I handle your personal data, please contact liam@hemmings-law.com.

Complaints Policy

I am committed to providing a high-quality legal service. If you are dissatisfied with any aspect of my service, I encourage you to let me know so that I can address your concerns promptly and effectively.

Raising a concern

In the first instance, please raise your concerns with me directly, and I will aim to resolve them as quickly as possible.

Formal complaint

If your concern cannot be resolved informally, you may submit a formal complaint by email to: liam@hemmings-law.com.

Please include:

• details of your concern or dissatisfaction
• any outcome you would like me to achieve
• your preferred method of communication

The complaints process

Upon receiving your complaint, I will:

• acknowledge receipt within 7 days
• carry out an internal review, which may include reviewing your file and relevant documentation, reviewing my engagement letter and correspondence, and speaking with those involved in your matter
• where appropriate, offer to discuss the matter with you
• provide a written response within 28 days of receipt, setting out my findings and proposed resolution

If additional time is required due to the complexity of the matter, I will inform you and agree a revised timeframe where possible.

Further review

If you remain dissatisfied with my response, you may ask me to reconsider it within 14 days of receiving it. On request, I will:

• review your complaint again
• provide a further written response within 28 days of your request for reconsideration

Legal Ombudsman

If you are not satisfied with my final response, you may be entitled to refer your complaint to the Legal Ombudsman, which is an independent body established to resolve complaints about legal services.

The Legal Ombudsman’s service is free of charge and is available to individuals and certain small organisations.

You can contact the Legal Ombudsman at:

• Post: PO Box 6806, Wolverhampton, WV1 9WJ
• Email: enquiries@legalombudsman.org.uk
• Telephone: 0300 555 0333
• Website: www.legalombudsman.org.uk

You must usually bring your complaint to the Legal Ombudsman:

• within six months of receiving my final response; and
• no more than six years from the act or omission, or three years from when you should reasonably have known there was cause for complaint

You do not need to wait for my final response before contacting the Legal Ombudsman if I have not resolved your complaint to your satisfaction within eight weeks of you raising it with me.

Solicitors Regulation Authority (SRA)

The Legal Ombudsman deals with complaints about service. If you have concerns about professional misconduct (for example dishonesty, misuse of client money or discriminatory behaviour), you may report these directly to the Solicitors Regulation Authority (SRA): www.sra.org.uk.

I would, however, encourage you to raise any such concerns with me first so that I can address them promptly.

Review of this policy

I keep this policy under regular review. Any updates will be posted on this page.

Glossary of Acronyms

• AML: Anti-Money Laundering
• FCA: Financial Conduct Authority
• ICO: Information Commissioner’s Office, the UK’s data protection regulator
• NCA: National Crime Agency
• SRA: Solicitors Regulation Authority
• UK GDPR: UK General Data Protection Regulation