Changing solicitors

Praetor

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Wink

A few points...

Some solicitors charge by the hour, but when its worked out how much the client would be charged, it would be a lot more than just a set rate, it could actually be to your advantage that she is no longer charging by the hour, particularly if she's spent a lot of time writing to or negotiating with the other side as well as doctors etc.

Likewise, it could be to your advantage that she is (if you haven't settled) bringing your case in the High Court. Damages in the Circuit Court are limited to 38k (give or take a few euro), damages in the High Court are unlimited. If you have a large loss of earnings, in the Circuit Court, you could be limiting your damages to a small amount of money. If you settle before the proceedings have issued (sent to the other side)

She should have talked to you about costs - check your s.68 letter.

If you really want to change, you can, just ask another solicitor to take over your file. You'll have to pay your first solicitor before the other solicitor starts work. If she has already appeared in Court on your behalf, or appears on the Court papers, she might have to ask the Court's permission to come off record first.

Why don't you talk to her? she might alleviate all your worries.

enry

since you have such a great case,thats been referred from PIAB to the courts, you would think that you would be entitled to costs. So why do you care what she gets paid.

As for her not taking your calls, just relex these things take time. sounds like a straight forward personal injury case.

Wink

since you have such a great case,thats been referred from PIAB to the courts, you would think that you would be entitled to costs. So why do you care what she gets paid.

Because all costs won't be recovered, just the costs after the case has been brought to Court, what is called "party and party" costs.

Costs incurred before the case goes to Court are not recoverable, these are "solicitor client" costs and will probably come out of his award. He'll defo be responsible for them.

Praetor

Wink wrote: »

A few points...

Some solicitors charge by the hour, but when its worked out how much the client would be charged, it would be a lot more than just a set rate, it could actually be to your advantage that she is no longer charging by the hour, particularly if she's spent a lot of time writing to or negotiating with the other side as well as doctors etc.

Likewise, it could be to your advantage that she is (if you haven't settled) bringing your case in the High Court. Damages in the Circuit Court are limited to 38k (give or take a few euro), damages in the High Court are unlimited. If you have a large loss of earnings, in the Circuit Court, you could be limiting your damages to a small amount of money. If you settle before the proceedings have issued (sent to the other side)

She should have talked to you about costs - check your s.68 letter.

If you really want to change, you can, just ask another solicitor to take over your file. You'll have to pay your first solicitor before the other solicitor starts work. If she has already appeared in Court on your behalf, or appears on the Court papers, she might have to ask the Court's permission to come off record first.

Why don't you talk to her? she might alleviate all your worries.

Yeah I know, I rang her a few times, email her, no answer, it has been 2 weeks since I last contacted her, actually it has been over 1 month.

There has been no trial so far (I think) and I agree with what you said about hight court and the costs, is the lack of replies and contact what is driving me nuts, I dont know, maybe is just me being paranoid. My loss of earnings is not great, i think, less than 10k. My injuries are not horrible either. I have a big scar on my leg, have lost sensibility on the lower side of the leg, and as far as the doctors is unlikely I will ever get it back, and if it does it might take years (so far this is the third year). I have also constant crambs and pains on the affected leg (the loss of sensibility is only on the outter part)

Wink

Your injuries sound pretty unpleasant to me!

You'd definitely know if there'd been a trial, you would have to have been there!

Ring her again, tell her exactly what you've written down here. If you can't get through to her, tell her secretary or the receptionist.

It may be the case that there is nothing to tell you, that nothing has moved on since you last spoke. It's quite possible, the legal world almost closes down in August!

Praetor

Wink wrote: »

Your injuries sound pretty unpleasant to me!

You'd definitely know if there'd been a trial, you would have to have been there!

Ring her again, tell her exactly what you've written down here. If you can't get through to her, tell her secretary or the receptionist.

It may be the case that there is nothing to tell you, that nothing has moved on since you last spoke. It's quite possible, the legal world almost closes down in August!

Ok, that's a bit of a relief...

I will give her time. I did ask her to call me tbh but I am not in a rush, I just felt a bit like forgotten!

thanks again

I guess I just freaked out for a bit there. Thanks for your help.

Happy121

I agree with Wink.

My Bro-in-law had a motorbike accident that went to the high court. He has similar things to say about his solicitor, but as the date for the case arrived it all got very busy. It is as if they don't do much work until close to the actual court date.

Wink

No problem, hope it all works out well for you

enry

Wink wrote: »

Because all costs won't be recovered, just the costs after the case has been brought to Court, what is called "party and party" costs.

Costs incurred before the case goes to Court are not recoverable, these are "solicitor client" costs and will probably come out of his award. He'll defo be responsible for them.

If I was taking a personal injury case against someone and my solicitor got a referral from PIAB to the high crt and expected me to pay for the work prior to the referral other then her out of pocket expenses I’d be taking the case off her. In the current economic climate most other solicitors would be happy with the kind of pay she would be expecting from a personal injury claim going to the high court. its one of the few types of work you are more the likely going to get paid for at present.

Tom Young

We've all read the forum charter about legal advice - Haven't we?

Praetor

Tom Young wrote: »

We've all read the forum charter about legal advice - Haven't we?

I am so sorry, didnt notice it. I just assumed it'd be possible.

My apologies