Introduction incentive scheme principles
- 1. The making of an introduction to the Solicitors constitutes acceptance of these provisions by the Introducer. No alteration of or addition to these provisions is valid unless in writing and signed pursuant to a specific resolution of the Directors of the Solicitors.
- 2. No person has any right under these provisions under the Contracts (Rights of Third Parties) Act 1999, and no person other than the Solicitor can enforce them.
- 3. The fundamental guiding principles are:
- 4. The introduction does not affect the freedom of any Client to appoint the Solicitors or any other solicitors (or none) at any time on this or any future occasion and on whatever terms the Client and that solicitor may agree.
- 5. The Client must not be misled or pressurised into instructing the Solicitor.
- 6. The Solicitors will act for and advise the Client only on instructions given by or on behalf of the Client and in what they judge to be the best interests of the Client, without regard to the interests of the Solicitor or any Introducer.
- 7. No Introducer becomes, merely on account of having made an introduction, entitled to any information covered by client confidentiality unless the Client consents.
- 8. The Client remains free to raise any questions with or seek any advice from the Solicitor at any time, subject to the terms of the retainer and payment of any fees that may be applicable.
- 9. The Client is entitled to know how much (if anything) will be paid to the Introducer by the Client or the Solicitor.
- 10. The Client is entitled to seek advice from the Solicitor about whether any arrangement entered into between the Client and the Introducer is in the Client's best interests.
- 11. The Introducer will respect and comply with the letter and the spirit of the above provisions for the benefit of the Client, and assist the Solicitor to do so, and generally treat Clients fairly.
- 12. The Introducer will not attempt to influence the Solicitors in their independent role.
- 13. The Introducer will ensure that the Client has given their express consent to being contacted by the Solicitor.
- 14. If the introduction is in the course of the Introducer's business, the Introducer will be and remain at all times familiar with rules and guidance applicable to solicitors in particular in relation to publicity and introductions and proceeds of crime. The Introducer undertakes to comply with them as they apply to the Solicitor so that he Solicitor can rely on that but without detracting more generally from the Solicitor's duties and entitlements under those rules.
- 15. The Introducer will on request from Wilsons (acting on their own behalf and/or for any Client or clients generally) provide such information and documentation as Wilsons request to enable the Solicitors to confirm to their satisfaction (including that of any regulator or other interested party) that the provisions of this document are and have been complied with by the Introducer and that Clients are being treated fairly.
- 16. The Introducer irrevocably waives any right to confidentiality in relation to the dealings between it and the Solicitors and the Clients and confirms that the Solicitors may disclose such information or documents about those dealings to whoever they choose whenever they choose.
- 17. The Solicitors will make incentive awards to Introducers in respect of introductions of new clients in their absolute discretion.
- 18. The introduction must be of an individual who becomes a new client to us, ie a person who has not already been a client, has not already been into touch with us, has not already been the subject of an introduction to us and of whom we are unaware and is not related to or in the same household as any such person. They must be coming to us for new business that they would not have conducted but for the introduction and solely because of the introduction.
- 19. No incentive award will be payable in any circumstances in cases where they are prohibited by law, eg:
- 20. The introducer will be eligible to receive an incentive of a form and amount of our choosing (including, for example, a prize draw entry) and subject to conditions of our choosing (eg minimum or staged business levels).
- 21. Incentives that are awarded will be at a time and in circumstances and subject to conditions of our choosing, once payment has been received from the client, and such time circumstances and/or conditions can be altered at any time including retrospectively.
- 22. An incentive may be subject to tax and Introducers who receive them will declare them for tax purposes and pay any tax due.
- 23. No incentive can be transferred or exchanged for any goods or services or create any other rights for the Introducer or any third party.
- 24. This scheme cannot be used in conjunction with any other offer or promotion.
- 25. Where the Incentive is not in cash, no cash alternative shall be available.
- 26. The Introducer will inform the client before the introduction of the introduction and the incentive. The Solicitors will do the same thereafter.
- 27. The Solicitors have the right to refuse to accept and/or disqualify any introduction and/or introducer at our absolute discretion at any time including retrospectively.
- 28. We reserve the right to withdraw the incentive scheme at any time, including retrospectively, without prior notice either generally or in relation to a specific introducer or introduction. We will incur no liability in doing so and the introducer will return any incentives awarded in the meantime.
- 29. Where any incentive involves any third party (eg gift vouchers) no liability for any acts or omissions of or otherwise in relation to the other company will be accepted.
- 30. This promotion is governed by English Law and is subject to the exclusive jurisdiction of the English courts.
- 31. In the unlikely event of any dispute, our decision will be final. No correspondence will be entered into.
- the relationship between the Solicitor and the Client is at all times completely uninfluenced by whether or not any Introducer has been involved; and
- the Client is entitled to complete openness about any incentive payments made.
The following points are just particular examples of this and do not detract from these fundamental guiding principles.
- related to crime
- cases funded publicly
- claim or potential claim for damages arising out of circumstances involving personal injury or death
- where any conflict of interests arises.
Last updated 28 June 2012