legal fees

snowy2008

Hi

im contesting a will and it is now being appealled,however, my solicitor has refused to give me a letter of costs and says we will look at it when it concludes, now, im on minimum wage and have little or no savings and both he and my barrister are fully aware of this, i told him if the appeal fails i dont know how i will be able to pay but he says we will "look at it again" i know if it fails i wont be able to pay and my credit rating is shot, what can i do? rthe case failed first because of the masters decision {SNIP}, what can i do???

TheBouldMowgli

snowy2008 wrote: »

Hi

im contesting a will and it is now being appealled,however, my solicitor has refused to give me a letter of costs and says we will look at it when it concludes, now, im on minimum wage and have little or no savings and both he and my barrister are fully aware of this, i told him if the appeal fails i dont know how i will be able to pay but he says we will "look at it again" i know if it fails i wont be able to pay and my credit rating is shot, what can i do? rthe case failed first because of the masters decision {SNIP}, what can i do???

Why would you even consider an appeal or taking an action in the first place if you can't afford it. Legal services like any other professional service happen to cost money.

If I can't afford something I don't buy it.

If you were poorly advised by a solr from the onset then fair enough.

snowy2008

he said id definaltly win, then it was struck out and then said we have no option but to appeal, yet i still wont get a fee statement from him, its madness

coylemj

It sounds to me like the solicitor and barrister are doing the case on a 'no foal, no fee' basis even though this may not have been explicitly agreed with you. It seems to me that even though they they're aware of your financial circumstances they feel that the case is worth pursuing, they must have felt that they drew a short straw with the judge who heard the first case and reckon the case has merits and could be won in front of a different judge who will hear the appeal.

If my assumptions are correct then they probably expect to get fees awarded to them if they win the appeal in which case as far as they are concerned the details of the fees are of no concern to you as you're not going to be paying them one way or another.

Look on the bright side, they know you have no money yet they're pressing ahead with an appeal, there must be light at the end of the tunnel. The only way they can come after you for fees if the appeal fails is if you own property i.e. you're worth suing, is this a possibility?

snowy2008

the only thing i own outright is a 1990 fiat punto, im renting and they know that and my partner is currently unemployed, the punto is worth maybe a few hundred if even that and thats nearly knackered, i was just having visions of being locked up in prison for not being able to pay up

coylemj

Then I'd say forget about the details of the fees. The solicitor and barrister are aware of your financial situation so are obviously going for broke and do not expect you to cough up if you lose the appeal.

snowy2008

thanks so much for that, i was losing serious sleep over it, hey, happy new year

spurs2010

Whether your solicitor is doing your case no foal no fee is highly unprofessional he must ....... must at least provide you with an estimate. If he hasn't he will not be able to stand over his final bill.

See section 68 of the solicitors act 1994. It is potentially, misconduct for a solicitor to disregard section 68.Probate actions generally are paid for out of the estate..... sometimes each side will have there fees paid from the estate.


Best of luck

nuac

Snowy - are you sure your solicitor told you that you would definitely win your case? There is no certain result to any form of litigation. Most solicitors will only indicate a degree of probability of the result i.e 50/50, 75/25 or whatever.

If you had reasonable grounds for contesting the will, you are likely to be awarded costs from the estate, but that is in the discretion of the judge.

Check if there was such an award in the first decision you mention. Costs in any form of litigation can be awarded against you - even in a probate action.

You are entitled to a fee estimate as Coylemj says.

You appear to be involved in complex litigation. You should discuss these issues with your legal team rather than on these boards.

snowy2008

he said id definatly win as if it was an exam question it would be a cut and dry case, i emailed him again for costs over the weekend and again- we'll discuss it if needs be- hes just messing me around, if i win i win but if i dont he knows im broke and will have to wait to be paid