Taking statutory declarations
Discussion
This is one for the other lawyers out there on PH...
I get asked to take stat decs from time to time, and it's a bit of a PITA - it takes a slot in my diary, and invariably people don't show up. I had two in my diary yesterday and neither of them turned up, one of whom has just called asking to see me later on today (with no apology for not rocking up as agreed).
Do other people get this issue? Do you just charge the £5 or stick an 'admin fee' on top? Or just tell people to bugger off?
Nothing major, just curious if other people do it, or am I just incredibly naive in accepting this work, or am I bound by law to accept it?
I get asked to take stat decs from time to time, and it's a bit of a PITA - it takes a slot in my diary, and invariably people don't show up. I had two in my diary yesterday and neither of them turned up, one of whom has just called asking to see me later on today (with no apology for not rocking up as agreed).
Do other people get this issue? Do you just charge the £5 or stick an 'admin fee' on top? Or just tell people to bugger off?
Nothing major, just curious if other people do it, or am I just incredibly naive in accepting this work, or am I bound by law to accept it?
Failing to turn up without apology is rude; charge them for the wasted slot?
Usually statutory declaration swears usually happen when a client walks in, so doesn't necessarily require an appointment.
You are well within your right to decline!
I don't think you can put an 'admin fee' on as the £5 fee is prescribed, as far as I am aware, by statue.
We always get people asking to book appointments - we might try and tell them to just turn up and then they have to wait until one of us is free. Thing is there's only two fee-earners here, so if we're both out they could end up waiting for hours. Damned if we do and damned if we don't. Stupid bloody law if you ask me.
Fees are prescribed here: http://www.legislation.gov.uk/uksi/1993/2297/made
I was told that there's a Law Society negotiated protocol with HMRC - the solicitor can literally trouser the £5 fee, as long as it doesn't exceed the prescribed amount. Don't know whether that's right. Anyone?
I was told that there's a Law Society negotiated protocol with HMRC - the solicitor can literally trouser the £5 fee, as long as it doesn't exceed the prescribed amount. Don't know whether that's right. Anyone?
Actus Reus said:
Yeah, when I was an associate they used to let me pocket it.
As to the fee, yes, and I only charge a fiver, but lots of places around me stick fifteen or twenty quid on top as an admin fee. Even so it's still buttons, and just a pain in the bum for such a small firm.
Loss leader... Make sure they go away with Practice leaflets, business cards, linked in requests, facebook requests and whatever else you can think of...As to the fee, yes, and I only charge a fiver, but lots of places around me stick fifteen or twenty quid on top as an admin fee. Even so it's still buttons, and just a pain in the bum for such a small firm.
At a previous firm which was in a convenient location, I took swears most days. One particular local business would come along with a dozen or more at a time; we ran an account for them and gave the money to charity at the end of the year.
Personally, I preferred it if people just turned up; there was always somebody qualified available without keeping them waiting long. It was only people who rang in advance who would cause problems, despite the receptionist telling them to bring £5 in cash ("Oh, don't you take cards" etc...)
Personally, I preferred it if people just turned up; there was always somebody qualified available without keeping them waiting long. It was only people who rang in advance who would cause problems, despite the receptionist telling them to bring £5 in cash ("Oh, don't you take cards" etc...)
Not in that industry so maybe I'm ignorant of some rule/law/regulation, but why not set aside a morning/afternoon once or twice a week where you'll accept bookings for such things.
If people miss their appointments or cant book at the set times ask them to just walk-in and take their chances on a wait.
If it's of no benefit to your business, but you are, or feel, obliged to do it, then I don't see why you can't do it on your terms?
If people miss their appointments or cant book at the set times ask them to just walk-in and take their chances on a wait.
If it's of no benefit to your business, but you are, or feel, obliged to do it, then I don't see why you can't do it on your terms?
That's the method we've hit on funnily enough so probably what we'll try.
As said above if you're a large firm it's easy enough as there's always somebody free to pop down and sign. And yes, some do just rock up which is fine - those who email or call invariably don't show, or give you the run around and don't seem to appreciate that for less than a packet of fags you can't really expect much. 1st world problems.
Notwithstanding that £5 was set in the early 90's - it really should be more now.
As said above if you're a large firm it's easy enough as there's always somebody free to pop down and sign. And yes, some do just rock up which is fine - those who email or call invariably don't show, or give you the run around and don't seem to appreciate that for less than a packet of fags you can't really expect much. 1st world problems.
Notwithstanding that £5 was set in the early 90's - it really should be more now.
Jobbo said:
At a previous firm which was in a convenient location, I took swears most days. One particular local business would come along with a dozen or more at a time; we ran an account for them and gave the money to charity at the end of the year.
Personally, I preferred it if people just turned up; there was always somebody qualified available without keeping them waiting long. It was only people who rang in advance who would cause problems, despite the receptionist telling them to bring £5 in cash ("Oh, don't you take cards" etc...)
Pretty much sums my experience too.Personally, I preferred it if people just turned up; there was always somebody qualified available without keeping them waiting long. It was only people who rang in advance who would cause problems, despite the receptionist telling them to bring £5 in cash ("Oh, don't you take cards" etc...)
Reception has an informal rota of who they know they can call to do "swears", and there are enough of us to mean that there's pretty much always someone around to do it. I tend to get called if the girls out front don't know what the document is and whether we can/will deal with it.
Appointments don't generally work. Most people just rock up on spec rather than calling ahead.
I'm old enough to remember the halcyon days before Lord Woolf did away with affidavits for most types of litigation - oath fees were very welcome beer money to a newly-qualified solicitor.
I remember many years ago being summoned to do a "swear" by a mate who worked across town. What he hadn't told me was that it was for some monumentally large piece of litigation and so I arrived, was shown into their boardroom and the table - perhaps 20 feet long - was full of exhibits. There were so many that the swear fee worked out at around £250..... The commercial litigation team had a good night out courtesy of that "swear"!
These days, it tends to largely be a mixture of Probate oaths from a firm just down the road from us and stat decs from a pawnbrokers nearby for people who have lost their tickets.
I remember many years ago being summoned to do a "swear" by a mate who worked across town. What he hadn't told me was that it was for some monumentally large piece of litigation and so I arrived, was shown into their boardroom and the table - perhaps 20 feet long - was full of exhibits. There were so many that the swear fee worked out at around £250..... The commercial litigation team had a good night out courtesy of that "swear"!
These days, it tends to largely be a mixture of Probate oaths from a firm just down the road from us and stat decs from a pawnbrokers nearby for people who have lost their tickets.
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