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Am i being paranoid

  • 09-12-2009 4:19pm
    #1
    CyrildoSquirrel
    Closed Accounts Posts: 108 ✭✭


    I wonder if anyone can help me.

    i have taken 2 case`s against my former employers.
    One was a case for constructive dismissal,the other was a personal injuries case.

    I had given my solicitor 1000 euro towards the dismissal claim so he could start working on the case.

    but in the meantime my finances changed and i did not think i could aford him after they changed.

    so he told me he would take my case`s on a no fee no foal basis.

    i won the dismissal case and it was settled out of court, so i paid solicitor his dues out of the settlement.

    i then asked him about the 1000 euro i had given him prior to the dismissal claim,he told me it would betaken as part payment for the injuries claim.

    i have since been told, in injury claims, my legal team should get all thats owed to them off the other side.

    my question is, should he not give me back the 1000 euro. seeing as i have already settled with him for the other claim.

    any help would be very grateful, thank you


Comments

  • #2
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Yes, a lot of a solicitor's fees get paid by the other side if costs are awarded but the solicitor/client fee is separate to that. I imagine the 1k you paid over went in costs such as medical reports etc.


  • #3
    CyrildoSquirrel
    Closed Accounts Posts: 108 ✭✭CyrildoSquirrel


    thanks for the reply.

    i have already paid for all my expenses seperatly.

    also paid him for all his expenses.


  • #4
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    When you win your case and get awarded costs, that pays most of your solicitors fees, outlay etc - called party/party costs. On top of that there is a solicitor/client fee - and that's between you and your solicitor.

    I'm not quite sure what you're driving at. Maybe someone who does litigation day to day can explain it better.


  • #5
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    I don't know who told you that all your costs would be paid by the other side but this is not true as there will be matters for which you will have to pay your solicitor - usually really minor stuff relative to the claim.

    In any event, you havn't won your personal injuries claim have you ? The other side paying costs only arises if you do...in the meantime your solicitor likely needs some money on account to work on the claim, engage a barrister for drafting & advices etc.

    I'm saying this primarily because I don't see where you say you settled or won your personal injuries claim.


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