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what may be the consequences of non payment of solicitor

  • 27-02-2011 2:08am
    #1
    Site Banned Posts: 344 ✭✭


    non or partial payment of solicitor who has grossly overcharged and not charged what he agreed. What may the outcome be?

    There is no written instruction between us and no contract of any kind.
    I went to look for advice from a solicitor.
    Straight away he started devising strategy on what he would do. I stopped him telling him I had not decided I would be doing anything at all and all I wanted was advice. Besides I told him, I had no money to pay for anything and there was no possibility that I would have. He said not to worry that I had a good case and he would handle it for free, “pro bono“, and he would take from the proceeds. I didn’t even know the meaning of the this term at the time. I was very wary an told him I couldn’t risk it, what if I lost?. He then said then not to worry that if he lost he would not be charging me anything. He ploughed ahead with the case and I was still a bit sceptical. I tried to see any pitfalls but couldn’t as he had promised to charge me nothing in the event of loss.
    I paid for 1 report as agreed, then he wanted another 500 for another report saying the report was no good.
    I baulked and said no. Forget it I didn’t have such money. I think the smart thing to do there an then would have been to stop the whole thing and I do not know why he didn’t. I explained to him that I simply did not have money and could not do this. I expected him to pull the plug and to be honest wanted him to.. It was getting too messy. I thought he had understood that I had no money and would not risk being in debt with the tiny bit of money my family had per week. I made this clear to him at the outset.
    Then he said he would pay it. There was never mention that I would still have to pay it if he lost the case. He was taking a risk which I did not ask him to take, but that was his decision. To be honest I didn’t really understand all the possible costs etc involved. And as I understood it, these would be paid back when he won the case from the proceeds or if he lost there would be no payment.
    Later he called again and informed me I needed to hire an pay a barrister!! I didn’t even know what exactly a barrister did. I thought he, as a solicitor would be doing the talking in court? he said no he needed a barrister an I had to pay. I again explained what I told him before, that I would not be paying for any barrister either now or later. We argued on the phone and I thought that was the end of the whole process.
    He later reverted to me telling me he had a friend or associate or something who was a barrister who would be acting for him. What arrangement he had with him I do not know, nor did I ask. I only knew it had noting to do with me.
    Now I began to be a little afraid of the whole process and what I seamed to be involved in. I also was concerned at all the requests for money from me and the fact that I had no written agreement with him. I enquired for this and was told it would be forthcoming. It never came.
    He lost the case.
    I received a bill for 5000 in the post.


Comments

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


    If a person wants to make a complaint against a solicitor they should go to the Incorporated Law Society. Ring them on Monday and explain that you want to a) make a complaint and b) contest a bill sent to you by a solicitor. They will explain the process to you and send you out the appropriate paperwork.


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