Terms of Business

Introduction

1. These Terms of Business (“Terms”) set out the basis upon which Cohen Family Law (“we”, “our”, or “us”) will provide legal services to you (“you” or “the client”). By instructing us, you agree to be bound by these Terms, unless otherwise agreed in writing. Once you have read these Terms, please confirm your agreement by email. In any event, your continuing instructions will amount to your acceptance of these Terms.
2. These Terms replace any previous terms we have agreed with you. They apply to all current and future services we provide unless otherwise agreed in writing.

3. We may vary these Terms from time to time.

People Responsible for your Work

4. Advocate Alexandra Cohen will be responsible the work on your matter unless agreed otherwise.

Our Services, Your Instructions and How We Communicate

5. Scope of Our Services: We provide legal advice and representation as agreed in our engagement letter or as otherwise instructed. Our work will be carried out with reasonable skill and care, in accordance with Jersey law and professional standards.
6. Jurisdiction: We provide legal advice and services in relation to Jersey law only. Unless we agree otherwise in writing, our services are limited to this jurisdiction. If your matter involves other jurisdictions, we may engage external law firms on your behalf.
7. 3^rd Party Professionals: Where necessary, we may instruct counsel, experts, or other professionals. We will discuss this with you in advance and provide an estimate of their likely costs. These professionals will be engaged by Cohen Family Law, and you will be responsible for their fees. We are not liable for their actions or omissions.
8. Reliance on Our Advice: Our advice applies only to the specific matter and context for which it is given. It should not be used for other purposes or relied upon by 3^rd parties without our written consent. Any non-Jersey legal or non-legal comments we make should not be relied upon.
9. Your Responsibilities: To help us provide effective legal services, you must:
   • Provide accurate, complete, and timely information and documents.
   • Inform us promptly of any changes in your circumstances or instructions.
   • Ensure that all information is not misleading and is materially complete.
10. Good Faith and Disclosure: Our relationship is based on utmost good faith. We rely on you to disclose all relevant information and documents. Without full disclosure, our ability to advise you may be limited.
11. General vs. Specific Advice: General advice may not apply to specific situations. Always seek tailored advice for particular transactions or circumstances. We do not accept any responsibility for the reliance on our advice for a different purpose or in a different context.
12. Confidentiality and Use of Our Work: Unless agreed otherwise in writing, our advice and documents are:
    • For your use only.
    • Not to be shared, quoted, or published without our prior written consent, except with those who normally access your records and agree to keep the information confidential.
13. Instructions and Communication: We may act on instructions from anyone we reasonably believe to be authorised by you, whether authorisation is given verbally or in writing. We will keep you informed of progress and provide updates upon request.

Confidentiality

14. Our Duty of Confidentiality: We are professionally obligated to keep your information and documents confidential. We will not share your information without your consent, unless required by law or regulatory authorities.
15. When Disclosure May Occur: We may disclose your information in the following situations:
    • Legal or Regulatory Requirements: If Jersey law or regulations require it. In such cases, we may be prevented from informing you or continuing work without approval from the relevant authorities. We are not liable for any resulting loss or damage.
    • Court Orders: If ordered by the Jersey courts or any other court with proper authority.
    • Your Consent: If you give us permission to share the information.
    • Working with Other Advisers: If we are collaborating with other professionals on your behalf, we may share relevant information unless you instruct us not to.
    • Professional Oversight: With our auditors or professional advisers, such as for insurance purposes.
    • Public Information: If the information is already publicly available.
    • Defending Claims: If necessary to defend ourselves against any legal claims.
16. Improperly Obtained Information: We cannot accept or act on confidential information you have obtained without the rightful owner’s consent, even if it would normally be disclosed during your matter.
17. Legal Privilege: If any information we hold is legally privileged and you choose not to waive that privilege, you are responsible for any costs we incur in protecting it. This includes legal fees, even if awarded against us.
18. Security Measures: For the safety of our premises, CCTV may be in operation in certain areas.

Data Protection

19. Privacy Policy: We will only use your personal information as set out in our Privacy Policy. A copy of our Privacy Policy can be found on our website or available by contacting us at info@cohenfamilylaw.je.

Fees and Disbursements

20. Fee Structure: Our fees are based on the time we spend on your matter, charged at our hourly rates, unless we agree otherwise. These rates and any alternative arrangements will be confirmed in your engagement letter. We will notify you of any changes to our rates.
21. What Time Includes: Time charged may include but is not limited to meetings, reviewing and preparing documents, correspondence, phone calls, and attending court or other proceedings.
22. Estimates: We will provide a fee estimate where possible. Unless clearly stated as a fixed quote, estimates are not binding and may change depending on the work required. If the estimate needs to be revised, we will let you know.
23. Disbursements and Expenses: You are responsible for any additional costs we incur on your behalf, such as court fees, expert reports, travel, or other out of pocket expenses. These are charged separately from our fees and are not included in any estimate or quote unless explicitly stated.
24. Billing and Payment Terms: We will send invoices and/or payment requests regularly – typically monthly, but this may vary. Invoices are due within 7 days of the invoice date.
25. Payment Methods: We accept payment by credit card, debit card, and bank transfer. No additional charges apply for these methods.
26. Late Payments: Interest may be charged on overdue invoices at 2% above the Bank of England base rate, calculated daily. If payment is not made on time, we may stop acting for you and charge for work done up to that point. You will also be responsible for any costs we incur in recovering overdue amounts.
27. Agents and Advisors: If you are acting as an agent or advisor for someone else, we will still look to you or your firm for payment unless we agree otherwise in writing. You are responsible for payment regardless of whether you are reimbursed by your client.
28. Joint Instructions: Where we have been instructed by you jointly with one or more parties, we will hold all parties jointly and severally liable for all fees unless any apportionment between each party has been agreed in writing between each party and us in advance.
29. Taxes: Our fees are quoted excluding GST. Where GST applies, it will be added to our invoices at the current rate and must be paid by you together with our fees and any expenses incurred on your behalf. 

Understanding your Financial Risk in Contentious Disputes

30. Paying Our Fees: If you are involved in a dispute or court case, you are responsible for paying our invoices – regardless of whether you win or lose. Even if you are successful and the court orders the other party to pay some of your legal costs, you may not recover the full amount. You will need to pay any shortfall. If the other party is legally aided, you may not be able to recover any of your legal costs, even if you win.
31. Invoice Payments: Our invoices must be paid within 7 days of the invoice date, even if you expect to recover costs later. If a costs order is made in your favour, we can make any necessary adjustments at that time.
32. Risk of Paying the Other Side’s Costs: If you lose your case, the court may order you to pay the other party’s legal costs in addition to your own. These costs can be substantial and should be carefully considered when deciding whether to proceed with your case.
33. Our Advice: We will advise you on the potential financial risks and whether they may outweigh the possible benefits of continuing your claim.

How We Communicate with You

34. Communication Methods: We will communicate with you by letter, email, or telephone – using the most recent contact details you have provided. If you prefer not to be contacted by a specific method, please let us know.
35. Electronic Communication Risks: We may use email and other electronic methods to communicate with you and 3^rd parties. While convenient, electronic communication is not guaranteed to be secure, error-free, or virus-free. Messages may be intercepted, delayed, corrupted, or lost. We do not encrypt emails unless agreed in advance.
36. Acceptance of Risk: By working with us, you accept the risks associated with electronic communication. We are not liable for any issues such as misdirection, delays, or data breaches that may arise from using these methods.
37. Remote Access: To deliver our services efficiently, we may access electronic information and systems remotely, including via internet connections.
38. Call Monitoring: We may record or monitor telephone calls for quality assurance, training, or compliance purposes.

Client Identification and Anti-Money Laundering (AML) Requirements

39. Our Legal Obligations: As a Jersey law firm, we are legally required to comply with anti-money laundering and counter-terrorist financing laws. This includes reporting any knowledge or suspicion of criminal activity to the relevant authorities.
40. Client Checks: We will carry out identity and background checks before starting work on your matter. This applies to all clients and all types of matters. We cannot begin work until these checks are complete.
41. What We Need from You: To verify your identity, we will ask for:
    • A valid passport or driving licence (original or certified copy).
    • A recent utility bill or bank statement (dated within the last 3 months) showing your current residential address.
42. Ongoing Requirements: We may need to request additional information from time to time, either due to changes in the law or as part of our ongoing compliance procedures.
43. Failure to Provide Information: If you do not provide the required information, we may have to stop acting for you. We are not responsible for any consequences that arise from this. Information you provide may be disclosed if required by law.
44. Disclosure to 3^rd Parties: In some cases, we may need to share your AML information with 3^rd parties, such as banks, in connection with services provided to you. By instructing us, you consent to such disclosures where appropriate.
45. Source of Funds and Wealth: We may ask for evidence of the source of any funds you send us, or confirmation of your source of wealth. This applies to payments made by you or on your behalf by 3^rd parties.

If You Have a Complaint

46. Raising Concerns: If you are unhappy with any aspect of our service, please contact Advocate Alexandra Cohen in the first instance. We will investigate your concerns promptly and do our best to resolve the issue.
47. Complaints Procedure: If your concern is not resolved, you can access our full complaints procedure on our website. We aim to handle all complaints fairly and efficiently.
48. External Resolution: If we are unable to resolve your complaint, you may refer the matter to the Law Society of Jersey (Complaints :: The Law Society of Jersey). This includes any complaints about our fees.

Ending Our Services

49. When Instructions End: We will usually continue to act for you until your matter is completed. However, either you or we may end the relationship earlier.
50. Ending Instructions – By You: You may end our services at any time by giving us written notice. You will still be responsible for any fees and expenses incurred up to the date of termination.
51. Ending Instructions – By Us: We may stop acting for you if there is a valid reason – such as non-payment of fees, a conflict of interest, or if continuing to act would be unlawful or unethical.
52. After Termination or Completion: Once our working relationship ends, we are not responsible for reminding you of any future dates or obligations.
53. Conflicts of Interest: If we become aware of a conflict of interest that affects our ability to act in your best interests, we will inform you. In some cases, we may be required to stop acting for you.

Document Storage and Retention

54. Retention Period: In line with the Law Society of Jersey Code of Conduct, we retain all files and records relating to material matters for at least 11 years from the date of the last material entry. We may retain them for longer if appropriate, and we will not destroy them unless it is reasonable to do so.
55. Long Term Storage: We may destroy files and records – excluding original documents or items of intrinsic value (such as wills or promissory notes) – after 20 years from their date or the last material entry, whichever is later, even without your consent.
56. Format of Storage: Documents may be stored in physical or electronic form, provided that doing so does not affect their status or value. We are not required to maintain the original hardware used to store electronic records for the full retention period.
57. Returning Your Documents: Once all fees and disbursements are paid, we will return original documents (or copies, if requested) that belong to you. We may retain copies for our records and may charge a reasonable fee for copying, payable in advance.
58. Internal Records: Notes and documents created for our internal use (such as attendance notes) remain our property. We are not obliged to share these unless required by court order.
59. Limitation of Liability: While we take care in storing your documents, we are not liable for any loss, damage, or destruction of documents, whether during or after the provision of our services.
60. Right to Retain Documents (Lien): If you owe us any fees, we may retain possession of your documents and/or matter files – including those held for:
    • You personally,
    • Any company or entity you own or control,
    • Any connected or affiliated person,

         until all outstanding amounts are paid.

Intellectual Property

61. Ownership of Work: We retain all copyright and intellectual property rights in any documents, systems, methods, software, or other materials we create – whether before or during the course of our work for you.
62. Your Right to Use: We grant you a non-exclusive, non-transferable licence to use these materials solely for the purpose for which they were created. If you do not pay our fees in full, we may revoke this licence until payment is made.

Limitation of Liability

63. Our Liability Cap: To the extent permitted by Jersey law, our total liability to you and any associated persons for all claims (including interest and costs) is limited to the lowest of:
    • The proportion of your loss after accounting for your own or others’ contributions (including other advisers).
    • The amount stated in your engagement letter.
    • If no amount is stated, a maximum of £2 million.
64. Claims Against the Firm Only: Any claim must be made against Cohen Family Law as a firm. You agree not to bring claims against individual team members personally.
65. Time Limit for Claims: You must bring any claim within 3 years from the date we last provided services in relation to the matter. After that, we will not be liable.

Force Majeure

66. Events Beyond Our Control: We are not liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control. If such an event occurs, we will notify you as soon as possible and do our best to resume work promptly.

Indemnity

67. Your Responsibility to Indemnify Us: You agree to fully indemnify and hold us harmless against any claims, losses, costs, or liabilities arising from your instructions – unless the law prevents us from limiting or excluding liability in that situation.

General Legal Terms

68. Waiver: If we delay or choose not to enforce any of our rights under these terms, that does not mean we have waived those rights or cannot enforce them later.

69. Severability: Each part of these terms operates independently. If any part is found to be invalid or unenforceable by a court, the rest will remain fully effective.

70. Changes to These Terms: We may update these Terms from time to time, including while we are working on your matter. You can request a hard copy of the current Terms at any time. We will also publish updated Terms on our website. If we have informed you that the Terms are available online, you will be deemed to have accepted any updates once they are published.

Notices and Service of Process

71. How We Send Notices: We will send notices to the most recent address or contact details you have provided. Notices are considered received:
    1. When delivered personally, considered delivered immediately.
    2. When sent by email, notice shall be deemed to have been given at the time of sending.
    3. If sent by letter post, notice shall be deemed to have been given 2 days after posting.
    4. If sent by airmail letter, notice shall be deemed to have been given 3 days after posting.

72. Service of Legal Documents: You agree that we may act as your agent for receiving legal documents related to the matter we are handling for you. Any legal notices sent to us on your behalf will be considered properly served. You also agree that we may serve legal documents on you using the notice methods described above. We may also use any other method permitted by law.

Governing Law and Compliance

73. Jurisdiction: These Terms and your relationship with us are governed by the laws of Jersey. Any disputes will be subject to the exclusive jurisdiction of the Jersey courts. You agree that any judgment made by a Jersey court can be enforced in other jurisdictions if necessary.

74. Legal Compliance: We will not take any action that, in our opinion, would breach Jersey law or any applicable permits, licences, or codes of practice.
    We are also not required to do anything that could expose us to criminal or civil liability in Jersey or elsewhere.
75. Regulatory Obligations: We are not liable for any loss, damage, or delay caused by our compliance with legal or regulatory requirements.

 Terms as of September 2025