Terms and Conditions

Legal Agreement and Binding Nature

These Terms and Conditions constitute a legally binding agreement between you and Hartwick. By accessing our website, engaging our services, or otherwise interacting with our practice, you acknowledge that you have read, understood, and agree to be bound by these terms. This agreement supplements and works alongside our Terms of Service, Privacy Policy, and any specific engagement letters or service agreements.

If you do not agree with any part of these terms, you should not use our website or engage our services. Your continued use constitutes ongoing acceptance of these terms as they may be updated from time to time.

User Obligations and Legal Responsibilities

Truthful Information Requirement

You are required to provide accurate, complete, and truthful information at all times when communicating with us. This obligation includes:

Providing correct personal identification and contact information
Disclosing all relevant facts and circumstances relating to your legal matter
Informing us promptly of any changes to information previously provided
Not withholding information that could be material to your legal matter
Correcting any inadvertent errors or omissions when discovered

Providing false or misleading information may constitute fraud, could invalidate legal proceedings, and may result in termination of our services. We rely on the accuracy of information you provide to deliver appropriate legal guidance.

Cooperation and Communication

Effective legal representation requires your active cooperation. You agree to:

Respond promptly to our requests for information or documentation
Attend meetings and appointments as scheduled or provide reasonable notice of inability to attend
Review documents and communications we send to you in a timely manner
Provide clear and complete instructions when decisions are required
Maintain regular contact and keep us informed of developments in your matter
Advise us immediately if you instruct other legal counsel regarding the same matter

Compliance with Laws and Regulations

You must comply with all applicable laws, regulations, and professional rules when using our services. You may not use our services to facilitate, support, or engage in any illegal activity. We are obligated to refuse instructions that would require us to breach professional conduct rules or participate in unlawful conduct.

Prohibited Conduct

When engaging with our practice, you must not:

Threaten, harass, or abuse our staff or other clients
Engage in discriminatory behaviour based on protected characteristics
Attempt to evade or circumvent our fee arrangements
Misuse our contact information or systems
Instruct us to act in ways that would breach our professional obligations
Use information obtained from us for unlawful purposes

Indemnification Obligations

You agree to indemnify and hold harmless Hartwick, its solicitors, staff, and affiliates from any claims, damages, losses, liabilities, costs, and expenses arising from your breach of these terms, your violation of any law or regulation, your provision of false or misleading information, or your misuse of our services or advice.

Liability and Warranties

Disclaimer of Warranties

To the fullest extent permitted by law and subject to our professional obligations:

We provide legal services with reasonable skill and care in accordance with professional standards, but we cannot guarantee specific outcomes or results in legal matters.
Legal proceedings and negotiations involve uncertainties, and results depend on many factors beyond our control including court decisions, opposing parties' actions, and changes in law.
Our website and general information are provided "as is" without warranties of completeness, accuracy, or fitness for any particular purpose.
We do not warrant that our website will be uninterrupted, error-free, or free from viruses or other harmful components.

Limitation of Liability

Subject to limitations that cannot be excluded by law:

Our total liability to you for any claim arising from our services is limited to the extent covered by our professional indemnity insurance.
We are not liable for indirect, consequential, special, or punitive damages including lost profits, business interruption, or loss of opportunity.
We are not responsible for losses resulting from your failure to follow our advice, your delay in providing instructions, or circumstances beyond our reasonable control.
Any claim against us must be brought within six years of the date when you knew or ought reasonably to have known of the facts giving rise to the claim.

Exceptions to Limitations

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Our professional indemnity insurance provides cover as required by the Law Society of Scotland.

Third-Party Reliance

Our advice and services are provided solely for your benefit. Third parties may not rely on our advice or work product without our express written consent. We do not accept liability to third parties who act in reliance on our services without such consent, except where the law imposes liability that cannot be excluded.

Conflict of Interest Management

Conflict Identification

Before accepting instructions, we conduct conflict checks to identify any circumstances that might compromise our independence or create competing interests. Conflicts may arise from current or former client relationships, personal relationships of our staff, financial interests, or other circumstances affecting our ability to act impartially.

Conflict Resolution

If a conflict of interest is identified:

We will inform you promptly and fully explain the nature of the conflict
We may decline instructions or cease acting if the conflict cannot be resolved
In some cases, we may continue acting with your informed consent if appropriate safeguards can be implemented and professional rules permit
We will not disclose confidential information when managing conflicts

Your Disclosure Obligations

You must inform us of any circumstances that might give rise to a conflict of interest, including relationships with opposing parties, involvement of other solicitors, or any other matters that could affect our ability to act for you impartially and in accordance with professional standards.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions are governed by the laws of Scotland. Our services are provided in accordance with Scottish law and professional regulations applicable in Scotland. The interpretation and enforcement of these terms will be determined by Scottish legal principles and precedents.

Jurisdiction

You agree that the Scottish courts have exclusive jurisdiction to determine any disputes arising from these terms or our services. This includes disputes concerning the validity, interpretation, or enforceability of these terms, as well as claims relating to the services we provide.

Dispute Resolution Procedures

If a dispute arises:

We encourage you to raise concerns directly with us first. Many issues can be resolved through open discussion.
We have an internal complaints procedure that provides a formal mechanism for addressing concerns if informal resolution is unsuccessful.
If you remain dissatisfied, you may refer your complaint to the Scottish Legal Complaints Commission, which has statutory powers to investigate complaints about legal services.
Court proceedings may be necessary for certain disputes, particularly those involving substantial financial claims or complex legal issues.

Alternative Dispute Resolution

Where appropriate and agreed by both parties, we are willing to engage in mediation or other forms of alternative dispute resolution to resolve disagreements efficiently and cost-effectively. This approach can often preserve professional relationships whilst addressing concerns constructively.

Data Protection and Privacy

Processing of your personal data is governed by our Privacy Policy, which forms part of these terms. By engaging our services, you consent to the processing of your personal data as described in the Privacy Policy and as necessary for providing legal services.

Data Retention Requirements

We are required by professional regulations to retain client files and records for specified periods, typically at least seven years after completion of a matter. This retention obligation overrides any general right to erasure of personal data during the required retention period.

Third-Party Data Sharing

By engaging our services, you authorise us to share your personal information with courts, regulatory bodies, expert witnesses, and other parties as necessary to provide legal services, subject always to our professional duties of confidentiality and data protection requirements.

Professional Regulation and Standards

Regulatory Body

Hartwick is regulated by the Law Society of Scotland. Our practice is subject to professional conduct rules, practice regulations, and oversight designed to protect client interests and maintain professional standards. You can verify our regulatory status through the Law Society of Scotland's website.

Professional Indemnity Insurance

We maintain professional indemnity insurance as required by the Law Society of Scotland. This insurance provides protection for clients in the event of professional negligence claims. Details of our insurance cover, including the insurer's name and policy limits, are available upon request.

Client Protection Fund

As a regulated Scottish law practice, we contribute to the Scottish Solicitors' Guarantee Fund, which provides protection for clients in the event of dishonesty by solicitors in relation to client funds. This fund offers an additional layer of financial protection for our clients.

Anti-Money Laundering Compliance

We are required to comply with anti-money laundering regulations. This requires us to verify your identity, understand the source of funds for significant transactions, and report suspicious activity to relevant authorities. We may need to request identification documents and other information to meet these obligations. Failure to provide required information may prevent us from acting for you.

Severability and Interpretation

Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it will be severed from these terms. The remaining provisions will continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Terms of Service, and any specific engagement letters, constitute the entire agreement between you and Hartwick regarding your use of our website and services. They supersede any prior understandings or agreements, whether oral or written.

Waiver Provisions

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these terms does not constitute a waiver of such right or provision.

Assignment and Transfer

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations under these terms in connection with a merger, acquisition, reorganisation, or sale of assets, provided such assignment does not materially affect the services provided to you.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, severe weather conditions
War, terrorism, civil unrest, or government actions
Epidemics, pandemics, or public health emergencies
Strikes, lockouts, or other industrial disputes not limited to our workforce
Telecommunications or internet failures
Court closures or disruptions to the administration of justice

During any period of force majeure, our obligations will be suspended to the extent affected by the relevant circumstances. We will take reasonable steps to minimise the impact on your matter and resume normal service as soon as practicable.

Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time to reflect changes in our practice, legal requirements, or industry standards. Modifications become effective when posted to our website unless a later effective date is specified.

We will notify active clients of material changes that affect existing engagements. Your continued use of our services after modifications constitutes acceptance of the updated terms. If you object to changes, you may terminate our services in accordance with the termination provisions.

For significant changes affecting fundamental terms, we may require your explicit consent before continuing to act on your matter.