Feel like i am being played by solicitor

generalmental

Hi all not very up on legal matters not really looking for advice just want to make sure everything is above board

1st of all i had a bad accident in my previous employment,the injuries board said i should get X(i know said board is only a guideline) but my previous employers insurers have said no way are they gonna pay that. even though previous employer has admitted liability.

i dont want people to think i am in it just for what i can get to be honest i am happy to be alive, but thing is i think my brief is trying to stick his cock up my behind.

as far as i am concerned i should get in and around what the injuries board have suggested i am not looking for anymore just what i feel is right,so i am willing to go to court and take my chances.

The brief is telling me if i go to court there is no way i will get the offer that i have at the moment that i woud be lucky to get just over half of what is offered, and that if i pursue in courts i will have to pay his fees,my barristers, the other solicitors and their barristers and he is making it out to me that i will end up with nothing.Forgive my ignorance on this matter but i was under the impression that if i go to court the loser pays the fees(i could be wrong though)

now he has sent me an email saying a lodgement has been made in the amount of $£$££$ and i have 10 days to make up my mind i just feel harrased into taking the money and something does not feel right.

there is much more to this but i do not wanna get into it too much as i feel it might be breaking the rules, but any help would be very grateful.

Wolfe Tone

You are in charge, he is working for you, do what you want.

generalmental

Thank you for the reply. but thats it i dont have a clue what to do and he knows this, do not know what my next step is

Wolfe Tone

generalmental wrote: »

Thank you for the reply. but thats it i dont have a clue what to do and he knows this, do not know what my next step is

Tbh there are people who will advise you much better than I can, I agree it sounds quite dodge.

One things I will say is to edit the thread title.

generalmental

do not know how to do that

Wolfe Tone

Click edit post, click go advanced, then you can Its just that language like that would distract from the main issue

Ken.

Take all correspondence's you have from your solicitor and anything else and take them too a different solicitor. Maybe ask someone you know to recommend someone.

generalmental

Thanks for that wolfe tone

alanacadia

how can any money be lodged if you have not agreed a yes or no

as far as I know if you take the case to court and you win outright the losers will have to pay all costs, but if you were proved to be at some fault with regards to the accident then the judge can make both parties pay 50/50 of the cost.

Again the best advice is to take all your details to a solicitor possible a friend of your family or some solicitor that is recommemded and even pay them a small fee to run over all documents to date and get thier advice.

the solicitor you have at present is prob working on a payment of soem sort unknown to you.

best advice show everything to another solicitor

and get what your fully entitled to in the end with no pressure at all.

Marcusm

You need to get the solicitor to explain it to you properly. A lodgement in court in the context of a settlement offer can have an impact on the offer of costs, ie a litigant who turns down an offer of settlement and is subsequently awarded that amount or less by the judge may have to pay his AND the other sides costs. The idea here being to encourage litigants to accept reasonable offers and not just pursue a case or other reasons.

However, only your solicitor can explain this to you properly. If he's having difficulty putting his points across, make this clear to him in writing. The offer may have a time limit so make this point quickly. If you feel that relations between you and he have broken down, make this clear to him also so that if you need t o get an alternative solicitor, he can assist so that you can get advised quickly or get an extension to the time limit.

generalmental

Marcusm wrote: »

A lodgement in court in the context of a settlement offer can have an impact on the offer of costs, ie a litigant who turns down an offer of settlement and is subsequently awarded that amount or less by the judge may have to pay his AND the other sides costs. The idea here being to encourage litigants to accept reasonable offers and not just pursue a case or other reasons.

This is excatly what he is saying to me, i just did not know if this was true. i am just finding it difficult to trust him as he keeps throwing numbers at me and has intimated something about not paying tax on the money i have given him, i must stress that i have not paid him in full only partly as i could not afford the full amount due to the change of employment

blueythebear

generalmental wrote: »

Hi all not very up on legal matters not really looking for advice just want to make sure everything is above board

1st of all i had a bad accident in my previous employment,the injuries board said i should get X(i know said board is only a guideline) but my previous employers insurers have said no way are they gonna pay that. even though previous employer has admitted liability.

i dont want people to think i am in it just for what i can get to be honest i am happy to be alive, but thing is i think my brief is trying to stick his cock up my behind.

as far as i am concerned i should get in and around what the injuries board have suggested i am not looking for anymore just what i feel is right,so i am willing to go to court and take my chances.

The brief is telling me if i go to court there is no way i will get the offer that i have at the moment that i woud be lucky to get just over half of what is offered, and that if i pursue in courts i will have to pay his fees,my barristers, the other solicitors and their barristers and he is making it out to me that i will end up with nothing.Forgive my ignorance on this matter but i was under the impression that if i go to court the loser pays the fees(i could be wrong though)

now he has sent me an email saying a lodgement has been made in the amount of $£$££$ and i have 10 days to make up my mind i just feel harrased into taking the money and something does not feel right.

there is much more to this but i do not wanna get into it too much as i feel it might be breaking the rules, but any help would be very grateful.

As has already been said, a lodgement is an amount offered by the other side to the court. If you go on to win the case, but your award is less than the lodgement, then you will be penalised as to costs. If you lose the case, you will have to pay everyone's costs.

How does the lodgement compare to the Injuries Board's assessment? Is it significantly less?

Your solicitor is no doubt, well aware that you will not be in a position to pay for legal costs. It is in his interest to get the best deal for you as otherwise he will not get paid. There must be something in your case such as a previous accident or some other issue that might affect your damages award, thereby making the solicitor feel that the lodgement should be accepted.

That said, if you want to run with the case, it is your choice to do so and your solicitor must accept your instructions. However, when you think about it, the solicitor should be pushing to run the case as this involves more work, thereby increasing his fees. If he is telling you not to run it, it is most likely with good reason.

bath handle

Some solicitors are having cash flow problems at the ponent. As a result they are trying to settle cases as early as possible. To get an accurate valuation of your case you would need to get the opinion of a senior barrister who practices in personal injury before the court you case is in. I would not be happy with a solicitor like the one you have. You should look into sacking him and getting another one.get a decent one this time.

nuac

OP, I assume youalreqdy have a barrister in the case todraft proceedings and to give a preliminary advice as to which court High COurt or Circuit Court you are proceeding in. The lodgement or tender offer should be referred to your barrister with up tod date medical reports for advice,

If offer not being accepted suggest meeting between the lawyers on each side to see if it can be settled.

In the meantime assuming all reports have been exchanged and other 2004 Act requirements met, set it down for hearing.

If you have a problem with communications with your solicitor ask for a full set of all relevant pleadings, reports etc. These should be ready at this stage. Then meet your solicitor to discuss any issues, If still not happy you may change but costs incurred would have to be provided for either by undertaking from your new solicitor or cash payment.

btw solicitors are not usually referred to here as "my brief". That is usually be a certain class of client in the UK.

Good luck - just remember that in litigation there is always uncertaintly.

HellFireClub

I found myself in this situation once, went to court and LOST. It was eventually settled on appeal thankfully but it took another year or so of stress. If the amount on offer to settle is substantial, my advice is take it. Try to see the amount on offer at the moment in isolation, without stacking it up against what you "might" get awarded in court. Also, if you have returned to full health, factor that in as well, as in that you are not carrying any current disability associated with the incident, because you can't put a price on that.

drkpower

generalmental wrote: »

1st of all i had a bad accident in my previous employment,the injuries board said i should get X(i know said board is only a guideline) but my previous employers insurers have said no way are they gonna pay that. even though previous employer has admitted liability.

i dont want people to think i am in it just for what i can get to be honest i am happy to be alive, but thing is i think my brief is trying to stick his cock up my behind.

Insofar as you can tell from a few paragraphs, everything in this case sounds entirely above board, and the suggestions to sack your lawyer by some posters is absurd.

As others have suggested, if a lodgment is made and you refuse it and then go on to get an award less than the value of the lodgment, you will typically be held responsible for that part of your legal costs (and the other sides legal costs) which have been accrued from the date of the lodgment. As the costs of the trial itself are usually the most substantial part of the costs, that could be a significant amount. That is precisely what you are tellling us that your lawyer told you.

A defendant will usually make a lodgment at a very competitive level; it is a waste of time to make unrealistically low lodgment. Your own lawyer believes the lodgment represents an acurate estimation. As others have said, it i not in your lawyers interest to settle a case at a level that is well below its actual value.

The only slightly unusual feature here is that PIAB appear to have valued the case higher than your own lawyer and he Defendants lawyer. But that often happens for a myriad of reasons.

It is your call whether you want to take a big risk to perhaps gain a (possibly slightly) larger award at the end of a trial.

HellFireClub

Could the award amount not just be guestimated using the book of quantum used by the PIAB for the injury type??? If the settlement offer is there or there abouts...???

generalmental

blueythebear wrote: »

As has already been said, a lodgement is an amount offered by the other side to the court. If you go on to win the case, but your award is less than the lodgement, then you will be penalised as to costs. If you lose the case, you will have to pay everyone's costs.

what he has been saying to me all along, so maybe i am being a bit paronoid but when i hear people talking bout dodging tax bills i tend to lose trust in them. if i accept the amount offered do i have to pay ANY costs or do the ther side pay all the costs

blueythebear wrote: »

How does the lodgement compare to the Injuries Board's assessment? Is it significantly less?

it is roughly just over a third under what PIAB recommended, but to be honest its not really about the money so much more to it than money, i just cant shake the feeling he is creaming a bit off the top

generalmental

By the way thank you to everyone who has taken the time time to answer i feel alot more calm about things now

Fred Cohen

generalmental wrote: »

what he has been saying to me all along, so maybe i am being a bit paronoid but when i hear people talking bout dodging tax bills i tend to lose trust in them. if i accept the amount offered do i have to pay ANY costs or do the ther side pay all the costs

I think what your solicitor may be talking about avoiding the "taxation of costs" which is the setting of the amount of legal fees due (a process which involves more costs), as opposed to tax paid to Revenue. As to your second point you need to ask your solicitor that. My advice(which is not legal and is pure layman) is write down any questions or doubts you have, meet with your solicitor and put them to him/her and if you're still not happy consult another solicitor.

nuac

Mod
Closing this as I presume the case has been finished