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Tasis office?...taxis office?....review legal fees?.

  • 14-07-2009 12:34pm
    #1
    Paddy Samurai
    Registered Users, Registered Users 2 Posts: 3,015 ✭✭✭


    Hi all, can anyone help with this one my niece is looking to get her legal expenses reviewed.
    Said someone told her that is was on the radio(about 3-4 mths ago) about some government office that reviews legal bills,and that can refund if they consider them excessive.
    Thinks its called the taxis or tasis office,something like that.
    Thanking you in advance.


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    The Taxing Master. There are costs involved (or the potential for) if the bill is deemed fair.


  • #3
    servicecharge
    Registered Users, Registered Users 2 Posts: 124 ✭✭servicecharge


    Taxing Master (has nothing to do with tax!)

    If your relative has engaged a solicitor than they have an absolute right to have the solicitors bill put before the Taxing Master (high/supreme court) or county registrar (circuit court matters).

    This process is like a mini court case. Your solicitor will present a very detail bill to the 'judge', you can be there and represent yourself and/or have a legal cost drawer/solicitor represent you.

    If you give me more detail I will give you general ideas about the process. Alternatively contact a costs accountant http://www.dfglegalcosts.com/ or the county court registrar or taxing masters office on merchants quay.

    The first question is what kind of matter it was and what court?


  • #4
    Paddy Samurai
    Registered Users, Registered Users 2 Posts: 3,015 ✭✭✭Paddy Samurai


    servicecharge wrote: »
    Taxing Master (has nothing to do with tax!)


    If you give me more detail I will give you general ideas about the process. Alternatively contact a costs accountant http://www.dfglegalcosts.com/ or the county court registrar or taxing masters office on merchants quay.

    The first question is what kind of matter it was and what court?

    Ok the girl just reached legal age to inherit money from her fathers death(work pension lump sum or such like).
    She got 16000,the solicitor wants 4000 in total leaving her with 12000.
    She thinks 25% is excessive but has no idea if this is the norm.
    The bill says 3000.00 + vat for fees and then gives details for the remainder eg 100.00 for probate etc.
    Also Solicitor has asked that she sign a form for the cheque to be made out to the firm so that they can deduct their fees and send on the remainder to her,is this the norm?.


  • #5
    servicecharge
    Registered Users, Registered Users 2 Posts: 124 ✭✭servicecharge


    Ok, I'll give a general picture of what to do when you get a bill you are not happy with. This is general advice only, can't give you specific advice due to thread rules.

    Step 1: Write to the solicitor, say you are unhappy with the bill, feel it is excessive. The solicitor should write back and give you three options: a)discuss the bill with you and resolve the matter; b) complain to the law society; and c) have the bill taxed. Any solicitor who fails to respond in this way is acting unprofessionally.

    Step 2: If you have not resolved the problem or the solicitor does not write back then there are two options

    - Complain to law society: this is done where you feel the bill is excessive. The law society will investigate and usually give you an answer within a few weeks. They can lower the bill and sanction the solicitor.
    -Taxing: taxing is where you feel the bill is unreasonable. Ask your solicitor to have the bill taxed in writing. He/she will send you a Requistion to tax, you sign this and the solicitor sends it to the master. If he/she doesn't respond to your request then you are entitled to set the bill he gave you down for taxing (drop into the taxing masters office, they're very nice and it's always quiet so they really help).

    The advantage of the law society is that they will hold your hand and get a quick response. The taxing master is more independent and frequently gives solicitors a very hard time, however it can be a long process (over a year in some cases where the solicitor is handling it) and can be complicated so you might want to employ a costs accountant or solicitor on your behalf.

    Aside from these options, a solicitor should give every client a letter, at the beginning of a case/file, setting down the proposed fee or how he/she will calculate the bill.

    If you are not given one of these 'section 68' letters it will not stop the solicitor recovering the fee, but it will be evidence that a bill is excessive and that the solicitor is guilty of misconduct. Similarly if you are given one of these letters but the bill is not in line with it then the bill may be seen as excessive.

    Finally a solicitor can only take fees from a settlement with written consent. It is common to request a client to endorse a cheque so that fees can be taken out.


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