Legal obligation regarding booking consultation

kitkat.3b4t

Hi there

I wonder if anyone knows if clients have a legal obligation to pay if they book a consultation and dont turn up or cancel.

CIARAN_BOYLE

I'd expect a client to pay if they cancelled on the day but before that not at all

I don't know what the legal situation is

kitkat.3b4t

Thanks for your reply Ciaran. I always tell them that 48 hours notice is required. Realistically it's not always possible to fill a cancellation in that time frame. If a client doesnt turn up there is a lot of lost money in time preparing notes, rent on premises, travel etc. Generally if someone doesnt turn up and doesnt even bother making a reasonable excuse, I send them the full bill. However people rarely pay and I dont have the energy or motivation to pursue it too much. It would be great if anyone knows where the law stands on this. I dont intend to bring people to court or anything so dramatic, I would just like to know!!

coylemj

kitkat.3b4t wrote: »

there is a lot of lost money in time preparing notes, rent on premises, travel etc.

That's assuming that you have to travel somewhere specifically to meet the client.

In the vast majority of cases the client travels to meet the solicitor. How do you reimburse the client if he travels to meet you and you can't make the appointment because you're held up in court or your staff manage to double book you so you can't meet him?

bath handle

Once the appointment is made there is a contract. if either party breaches the contract, damages may be recoverable. the damages can only be sufficient to put the non breaching partying the position they would have been had the contract been performed. there is a duty to mitigate loss. Any penalty clause must be a genuine estimate of the likely loss consequent on the breach. there may also be a possible criminal charge.
On a practical level many people now make contact shortly before the date of the appointment to confirm. unless confirmation is received no work is done.

coylemj

bath handle wrote: »

Once the appointment is made there is a contract.

How can there be a contract when there isn't necessarily any agreement as to what service will be delivered or at what cost?

If I make an appointment with a dentist, does a legal contract exist before I even turn up at his surgery?

Would this be a contract that isn't worth the paper it's written on?

bath handle

coylemj wrote: »

bath handle wrote: »

Once the appointment is made there is a contract.

How can there be a contract when there isn't necessarily any agreement as to what service will be delivered or at what cost?

If I make an appointment with a dentist, does a legal contract exist before I even turn up at his surgery?

Would this be a contract that isn't worth the paper it's written on?

There is of course a contract. if you request a dental consultation it is implied that in consideration of your paying a reasonable sum (in the absence of an agreed sum) the dentist will make herself available for a reasonable amount of time to examine your teeth and recommend further action.
it is a perfectly valid contract imposing rights and responsibilities on each party. it may be worth a lot more than the paper its written on if you have to sue on it.

nuac

Never got legalistic about "no shows". Stuff happens. Might be different if client made a habit of that.

Thers is always plenty to do in the office while waiting.

THreatening damages etc not the best basis for a professional relationship

On a slightly related topic I do get annoyed at clients or colleagues who have their secretary phone and ask you to hang on while the great (wo)man gets around to speaking to you. Most senior colleagues I deal with place their own calls to colleagues. Some junior colleagues have tried to have their secretary to get you to hold on. Doesn't impress.

On a further point I think caller display is a great invention for taking phone calls in office or mobile. I am inclined if busy not to answer calls displayed as "private"

coylemj

bath handle wrote: »

There is of course a contract.

Complete tosh.

"I'll see you tomorrow at 2 o'clock" constitutes a contract?

No consideration, no contract.

bath handle

coylemj wrote: »

bath handle wrote: »

There is of course a contract.

Complete tosh.

"I'll see you tomorrow at 2 o'clock" constitutes a contract?

No consideration, no contract.

Of course there is consideration. you book an appointment with a professional. You are going to pay for her time. it is implied in every dealing with a professional that the client is going to pay. Consideration is the price for which the promise is bought.

coylemj

bath handle wrote: »

Of course there is consideration. you book an appointment with a professional. You are going to pay for her time. it is implied in every dealing with a professional that the client is going to pay. Consideration is the price for which the promise is bought.

My point is that as the consideration is not agreed, there is no enforceable contract.

bath handle

coylemj wrote: »

bath handle wrote: »

Of course there is consideration. you book an appointment with a professional. You are going to pay for her time. it is implied in every dealing with a professional that the client is going to pay. Consideration is the price for which the promise is bought.

My point is that as the consideration is not agreed, there is no enforceable contract.

It doesn't have to be expressly agreed. it is implied that a reasonable payment may be sought.

not even wrong

coylemj wrote: »

My point is that as the consideration is not agreed, there is no enforceable contract.

Try walking out of a restaurant or a taxi without paying by saying that there's no consideration agreed.

CIARAN_BOYLE

not even wrong wrote: »

Try walking out of a restaurant or a taxi without paying by saying that there's no consideration agreed.

For the restaurant the consideration is stated on the menu and you agree to it when ordering. The taxi has the consideration explained and listed in the car and by sitting in the car you imply acceptance.

Reloc8

Question...OP...are you a solicitor or a barrister ?

coylemj

not even wrong wrote: »

Try walking out of a restaurant or a taxi without paying by saying that there's no consideration agreed.

Completely invalid comparisons, the rates or prices are agreed in both of those cases in advance.

When you go into a restaurant you specify what food you want after looking at the menu which shows the prices. There is clearly a contract to supply food at prices which the customer is aware of and has implicitly accepted.

When you engage a taxi you tell the driver where you want to go. You have engaged him to provide a service at a rate which is displayed in front of you so there is a contract to supply a service at an agreed rate based on distance and time.

Victor

coylemj wrote: »

How can there be a contract when there isn't necessarily any agreement as to what service will be delivered or at what cost?

If I make an appointment with a dentist, does a legal contract exist before I even turn up at his surgery?

Would this be a contract that isn't worth the paper it's written on?

It may be a quasi-contractual position for which quantum meruit applies.

While the dentist might not know why you are calling and as to whether you need X treatmeant for €X or Y treatment for €Y, the court could make a determination based on the lowest charge made by the dentist or by comparable dentists.

Dentists are now obliged to have price lists (for standard work) prominantly displayed.

kitkat.3b4t

bath handle wrote: »

It doesn't have to be expressly agreed. it is implied that a reasonable payment may be sought.

I am a psychologist and therefore charge the same fee per session. I cannot say exactly how long treatment will last but I can say with certainty what each session will cost. I also give concessions for low waged. All this is agreed via phone before an appointment is booked. The client is also told that I have 48 hour cancellation policy. Terms and conditions of consultation are explained in detail and I think that this constitutes a contract. I know that I am in a caring profession but bills have to be paid!!!

coylemj

kitkat.3b4t wrote: »

All this is agreed via phone before an appointment is booked. The client is also told that I have 48 hour cancellation policy. Terms and conditions of consultation are explained in detail and I think that this constitutes a contract.

Now you tell us? If all of this is explained to the client in advance of the consultation then of course there is a contract.

Can I just remind you of your original question....

kitkat.3b4t wrote: »

I wonder if anyone knows if clients have a legal obligation to pay if they book a consultation and dont turn up or cancel.

So you're a psychologist. Presumably then you expect your clients to be forthcoming with you and not hold anything back? Maybe you should try the same when asking questions on a legal forum!

All of the relevant facts please.

kitkat.3b4t

coylemj wrote: »

Now you tell us? If all of this is explained to the client in advance of the consultation then of course there is a contract.

Can I just remind you of your original question....



So you're a psychologist. Presumably then you expect your clients to be forthcoming with you and not hold anything back? Maybe you should try the same when asking questions on a legal forum!

All of the relevant facts please.

Sorry about that, but I originally posted this on the psychology forum - so there was no need for an explanation. Someone suggested that I ask the question here so I just cut and pasted it, but now I realize that it is a bit vague.

Thank you for your help and advice