unhappy with my solicitor

maplebanks

my solicitor is over 5 years sorting out my inheritance, he keeps giveing me excuses and rarely returns calls,he is no nearer now then 5 years ago,just keep getting the runaround from him, if i sack him and go to a new firm,will i still have to pay him?he has not given me any idea as to how much his bill is to date ,even though iv asked him several times.

crystalmice

This does not sound good. You would have to pay him for work to date, even if you fire him, but it would be advisable to hire another solicitor before you fire him, to sort out how much you owe.

Its not unusual for cases to take years, but the lack of communication is worrying. Also be aware that the statute of limitations can run out so take new advise sooner rather than later.

Call to your solicitors office and be very clear that you need a full update of where your case is, and you want a full break down of how many hours he is billing you, and tell him you will fire him if he doesnt respond. The threat alone may do the trick!

James Jones

"You would have to pay him for work to date, even if you fire him, but it would be advisable to hire another solicitor before you fire him"

This is not true. A solicitor is obliged to tell you what his bill will be, what it is estimated to be or on the basis on which it will be made in accordance with Section 68 of the Solicitors Amendment Act 1994.
If he did not, legally you owe him nothing.

Kosseegan

James Jones wrote: »

"You would have to pay him for work to date, even if you fire him, but it would be advisable to hire another solicitor before you fire him"

This is not true. A solicitor is obliged to tell you what his bill will be, what it is estimated to be or on the basis on which it will be made in accordance with Section 68 of the Solicitors Amendment Act 1994.
If he did not, legally you owe him nothing.

That is nonsense. There was a High Court decision on this point a couple of years ago.A & L Goodbody Solicitors Plaintiffs
And Charles Colthurst and Tenips Limited Peart J. 5 nov 2003. Not issuing a S68 letter does not mean that a solicitor is not entitled to be paid. It is unprofessional and the solicitor may be admonished by the Law Society.
Is the o/p the executor of the will?

maplebanks

Kosseegan wrote: »

That is nonsense. There was a High Court decision on this point a couple of years ago.A & L Goodbody Solicitors Plaintiffs
And Charles Colthurst and Tenips Limited Peart J. 5 nov 2003. Not issuing a S68 letter does not mean that a solicitor is not entitled to be paid. It is unprofessional and the solicitor may be admonished by the Law Society.
Is the o/p the executor of the will?

no , its members of my family are the executors,they made a mess of the estate by not being able to agree on when to sell it, hense missed the property boom,my solicitor was supposed to have a court date 12 months ago , but keeps comeing up with excuses or not returning calls, dragging it out with excuse after excuse.

James Jones

Kosseegan wrote: »

That is nonsense. There was a High Court decision on this point a couple of years ago.A & L Goodbody Solicitors Plaintiffs
And Charles Colthurst and Tenips Limited Peart J. 5 nov 2003. Not issuing a S68 letter does not mean that a solicitor is not entitled to be paid. It is unprofessional and the solicitor may be admonished by the Law Society.
Is the o/p the executor of the will?

Funny that cause I've threatened two solicitors that I would make a complaint to the Law Society on the sole basis that they did not issue me with Section 68 letters and both waived their fees!
Maybe it’s because they knew that the Law Society would trawl through ALL of their clients’ accounts and find that they NEVER issue S68 letters.
I also got money back from two other solicitors after I had paid them and found out about S68. That’s 4 solicitors acting for me in 4 separate matters that failed to do what was legally required. I wunder how common this is?

Maplebanks,
Tell your solicitor that you want to dispense with his services and the return of your file. Then tell him that he is not entitled to any payment due to his failure to send you a S68 letter. If he insists on being paid, you WILL get a refund after the Law Society have investigated your complaint.

Tom Young

This thread is being closely monitored. Please note any naming and shaming here will result in closure of the thread and infractions in the first instance. The conversation/discussion so far is fine. The Law Society is in being to deal with these complaints and should you need to, seek recourse there.

Thanks,

Tom

James Jones

As you say “he has not given me any idea as to how much his bill is to date ,even though I’ve asked him several times”, then the judgment referred to by Kosseegan applies:

"Justice Peart held that, in the absence of prior notification of the basis for certain charges contained in the bill of costs, the taxing master may, in his discretion, attach such significance to the absence of a section 68 letter as he deems appropriate in any particular case. This clearly raises the spectre of certain charges being reduced or not allowed, where a section 68 letter has not been written. It is in this area that the provision most keenly bites-on the pockets of defaulting solicitors!"

Thanks, Kossegan,Good to know this for my next complaint!

Kosseegan

Only the executor can sack the solicitor. This whole discussion is going nowhere.

McCrack

James Jones wrote: »

As you say “he has not given me any idea as to how much his bill is to date ,even though I’ve asked him several times”, then the judgment referred to by Kosseegan applies:

"Justice Peart held that, in the absence of prior notification of the basis for certain charges contained in the bill of costs, the taxingmaster may, in his discretion, attach such significance to the absence of a section 68 letter as he deems appropriate in any particular case. This clearly raises the spectre of certain charges being reduced or not allowed, where a section 68 letter has not been written. It is in this area that the provision most keenly bites-on the pockets ofdefaulting solicitors!"

Thanks, Kossegan,Good to know this for my next complaint!

If you awail of a service you pay. Not furnishing a client with a S68 does not entitle a client not to pay for legal services. Most times it's impossible to say how much a particular instruction will cost a client, particularly litigation.

An estimation can be made based on complexity, time, skill, decision etc.

James Jones

It doesn’t matter if “it's impossible to say how much a particular instruction will cost a client” as Section 68 specifically says that

"On the taking of instructions to provide legal services to a client, or as soon as is practicable thereafter, a solicitor shall provide the client with particulars in writing of—(a) the actual charges, or (b) where the provision of particulars of the actual charges is not in the circumstances possible or practicable, an estimate (as near as may be) of the charges, or (c) where the provision of particulars of the actual charges or an estimate of such charges is not in the circumstances possible or practicable, the basis on which the charges are to be made",
So if the solicitor can’t say what the charge will be or cannot estimate it, he should give an hourly or daily rate.

Maplebanks has asked “several times” but has yet to receive even an estimation.

maplebanks

Kosseegan wrote: »

Only the executor can sack the solicitor. This whole discussion is going nowhere.

actualy i find the responses here very helpful and the solicitor works for me not for the executor.

Gazzetta

If he has done work of value to you then you will have to pay him something. Moving the file to a new solicitor would presumably bring it to a head. Then it will be a case of what you pay and when you pay.