Solicitors Fees

Melixx

Anyone can help? I was awarded a compensation from the Equality Tribunal. The company has gone bust and doesnt look like I am getting the rest that I am owed. While I was geting paid, my ex employers were sending in cheques into solicitors office and one day they announced they were paing before me and proceeded to to lodge cheques into their own account. My questions are: Is this legal? If not how can I go about getting that money back? Surely they should be paid last. I'd like to see my file, can I request it from them?

Thanks!!

partyguinness

Let me get this straight.

Your employer was paying the award straight to your solicitors and they are keeping back their own fees.

They are not allowed to do this without your permission. That award was for you and should be paid to you directly with no deductions. The solicitors should then be paid by you separately.

Melixx

I did give them written permission to keep one of the cheques but not the rest. I got an email from them yesterday saying that they are holding a sum "as security". Now, how do I get it off them?? Threaten to go to the law society? The Joe Duffy Show?:o

In relation to them getting paid, I was awarded the solicitors costs... am I responsible to pay them if my ex employers have gone bust and wont be able to make any payments?

partyguinness

As security for what?

Have they have been paid or not?

Legal costs are separate from the award and I know they are making sure they get paid first. But no they should pay the cheques out to you and chase up costs separately. The costs were made against the employer..not you. You dont have to pay.

They are not entitled to exercise a lien over the award. Ring the Law Society.

Melixx

Securtiy in case they dot get their share of the money... of course they didnt say it in so many words. They havent been paid fully.

partyguinness

A quicker solution might be the request the employer to make the cheques out to you personally so they cant be cashed by the solicitors.

Melixx

That wouldnt work... we are no longer on speaking terms and I wouldnt know where to find them... they've disolved the company. What is the long way of gtting th $ back?

dats_right

How sharper than a serpent's tooth it is to have a thankless client!! Incidentally, OP I don't see why you think your solicitor should be paid last? Afterall, they were acting on your instructions and behalf in a professional capacity and succesfully resolved your claim; they would have been entitled to seek fees upfront but didn't, but now you seemingly think that they be out of pocket for acting on your behalf because the company has gone bust?

partyguinness wrote: »

A quicker solution might be the request the employer to make the cheques out to you personally so they cant be cashed by the solicitors.

The only purpose I can see one would do this is to attempt to evade paying the lawfully due solicitor's fees?!! Also, a client is always contractually primarily responsible for fees on a solicitor client basis, so regardless of awards of costs the solicitor is entitled to recover his fees from his client i.e. the OP. If however, the solicitor did not seek your permission to deduct his fees from your monies then he is obliged to pay over the full amount of the monies recovered to you, but then all that will happen is that the solicitor will merely seek to recover his fees seperately and if you don't pay he will bring court proceedings against you quicker then you can say District Court to recover said fees and rest assured he will do this!

By way, you are perfectly entitled to your file once your bill is fully paid, until such time the solicitor can exercise a lien against it and doesn't have to release it to you.

partyguinness

My reading of the post was that the solicitors were already paid but were still holding back the cheques for security purposes. Now I may be wrong on that.

I am also somewhat surprised that the employer was writing the cheques out to the solicitors. Then again it may have been for that very purpose.

partyguinness

http://www.irishstatutebook.ie/1994/en/act/pub/0027/sec0068.html#zza27y1994s68

Section 68(3) is interesting.

Melixx

Lifesaver!!!Thanks a mil... No, they have not been paid fully ( they are owed around 3 grand but got two). My ex employers were not the best at paying, they were making monthly payments and lot of the cheques bounced). The solicitor rang me today and said she'll have to talk to someone else about what to do with the "security money "that is there. Apparently the person who is representing me is on study leaveand will be back on thursday. How do you think I should proceed?

servicecharge

Remember you engaged the solicitor to do a job. They did it, sucessfully, so you have to pay up. It is not their fault your former employer was a d1ck and cannot pay. A law firm is a business at the end of the day with employees and bills to pay.

But to answer your question:
-yes you have to pay the fees so long as they are reasonable. If you don't think the fees are reasonable then go to Law Society and/or asked your solicitor to have the bill taxed (this is where a judge/registrar will review your bill to make sure it is reasonable, it is your right and won't cost you);
-if you weren't advised of the fees or were not givin a detailed bill then again the LS. This won't get you off paying but may reduce the bill or settle the matter so both parties are happy; and
-you are probably entitled to payment of the award from the department of social welfare where the company has gone into liquidation. I would suggest you investigate this angle.


By the way: they can't have just dissolved the company. You are a creditor. Go online at www.cro.ie do a company search and see what status it has, then report back.

And finally Partyguiness hasn't a clue: The costs were made against the employer..not you. You dont have to pay.
Yes you do.

dats_right

partyguinness wrote: »

http://www.irishstatutebook.ie/1994/en/act/pub/0027/sec0068.html#zza27y1994s68

Section 68(3) is interesting.

So is s. 68(4), which more or less negatives sub-section 3!

suzyball

Hey, how long ago did the company go into liquidation? Check on the Cro website as someone else suggested in the post above. If its only recent and there is a liquidator named (you will have to pay 2.50)(you can also find the name and address in Iris Oifiguil free) you can go and talk to them.

This exact same thing has just happened to a friend of mine and the Liquidator has just told him that the Department of Trade Enterprise and Employment will pay some of the award. It might be an option for you anyway.

Melixx

The company did go into liquidation.... My solicitors got in contact with the liquidators and were told I have very little hope of recuperating anything.

In relation to the fees, my solicitors sent me out a bill and said that there is some money they were holding as "security". The bill was sent so I can look over and then we'll decide what to do with the cash that is still there. There isnt enough to cover the bill... So I am resposible for my ex employers not paying?

maidhc

Melixx wrote: »

So I am resposible for my ex employers not paying?

Generally, yes.

dats_right

Melixx wrote: »

So I am resposible for my ex employers not paying?

I think all your questions have already been answered in that regard.