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Solicitor fees, averge rate?

  • 29-12-2011 2:48pm
    #1
    Registered Users, Registered Users 2 Posts: 25


    Hi,

    I lost my driving licence, and am approaching the 2/3 mark for applying for it back in the DC.

    I contacted the solicitor who reprsented me at the time, and I'm pretty sure he told me then that the cost for getting it back would be €250.

    I baulked at his current fee of €485!!!! It was broken down into a somewhat itemised bill which included 'stamp duty', what the hell is that doing there? I'm not buying a house!!!

    Anyway, can anyone tell me if this is a reasonable charge for Roscommon Town DC, and if not did anyone get or does anyone know of a cheaper solicitor please?

    Also, is it something that a person can apply for themselves, ie: apply to the court and represent themselves? Would that even be advisable?

    Thanks in advance.


Comments

  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    1. Stamp duty is payable on court documents. In effect it is court fees and is payable to the Courts Service, which is the government agency responsible for administering the courts. The stamp duty payable to have your licence restored is €52. Is this included in the €485 quoted to you?

    2. The professional fee will be subject to VAT @ 23%.

    3. Yes, you can make the application yourself. Whether that is advisable or not that is a matter for you to decide.


  • Registered Users, Registered Users 2 Posts: 25 Techno Mick


    Hi,

    Yes it was included;

    My Fee to deal with this matter on your behalf will be €350.00 plus VAT @ 21%, together with the Stamp Duty of €52.00 on the Application and Commissioner for Oaths Fees of €10.00 for swearing a Declaration of Service of the Application - being €485.50 payable in advance of the Court Hearing Date.

    So does this seem about right or steep?

    I have mailed a few solicitors seeking a quote.


  • Registered Users, Registered Users 2 Posts: 28,404 ✭✭✭✭vicwatson


    2. The professional fee will be subject to VAT @ 23%.

    From 1st January 2012;)


  • Registered Users, Registered Users 2 Posts: 25 Techno Mick


    vicwatson wrote: »
    From 1st January 2012;)


    Damned budget lol


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    1. You need a solicitor experienced in rta matters and who usually appears in that court - some District Judges grant these easily, some want a lot more information.

    2. a lot depends on the original offence, how serious it was, was there a plea or a full fight? was the disqualification appealed ?

    3. Check all loose ends re the original prosecution are sorted - did you hand in your licence to DCC for endorsement?, did you inform your insurance company?, fine paid?

    4. If alcohol was involved, are you still drinking.?

    5. What is the Garda attitude to your proposed application.?

    Your licence is important to you, I presume. The quotation from your original solicitor is reasonable for what is involved in dealing properly with this application. Surely you do not expect another solicitor to spend time and energy preparing such an application for less.?

    Certainly you can make the application yourself if you wish - good luck with that.


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  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    vicwatson wrote: »
    From 1st January 2012;)

    Yes, but the application won't be possible until the courts reopen in January, so by that time new vat rate will be in play.

    The fee quoted is in my opinion reasonable. I would typically charge double that.


  • Registered Users, Registered Users 2 Posts: 25 Techno Mick


    dats_right wrote: »
    The fee quoted is in my opinion reasonable. I would typically charge double that.


    Wow, on what justificatition? Merely the fact that you have LLB after your name?

    Typical leech solicitor!


  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    I don't have to justify myself to you. Listen you came on here looking for advice which was freely given to you. I am not the one here with a chip on my shoulder or for that matter a criminal conviction.

    The reason why I would charge that is because I would have to meet with client take full instructions (45 mins - 1 hr). Then the necessary papers must be prepared, served and lodged in the Court Office. On the morning of the hearing it will be necessary to travel from the office to the courthouse in order to arrive early to speak with Garda and client. The Judge will come out at 10.30 and you could be waiting around for another couple of hours to be heard. In most cases the Judge will determine the application there and then, but sometimes they adjourn to seek further information or evidence that the applicant has reformed if this happens it's back to court to do it all again (at no additional cost to the client). Travel time back to the office, etc.

    Either way it is at least one full morning away from the office. That is the reason why I charge what I do. If a client isn't happy with that they can either go to another solicitor or DIY it. I do not run a charity and I am in practice to make a living. This is not a lucrative practice area for solicitors and is more hassle than it is worth, if truth be told.


  • Registered Users, Registered Users 2 Posts: 25 Techno Mick


    dats_right wrote: »
    This is not a lucrative practice area for solicitors and is more hassle than it is worth, if truth be told.

    I guess not, now the conveyancy cash-cow has dried up!

    I'm not the one with a chip on my shoulder, sounds more lke you have, but I found your post stating that you would charge almost €1,000 quite unbelievable, no matter how you dress it up and 'itemise' it.

    And congratulations that you don't (yet) have a criminal conviction, that comment just proves your arrogance, do you look down your nose at all your clients?


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    I guess not, now the conveyancy cash-cow has dried up!

    I'm not the one with a chip on my shoulder, sounds more lke you have, but I found your post stating that you would charge almost €1,000 quite unbelievable, no matter how you dress it up and 'itemise' it.

    And congratulations that you don't (yet) have a criminal conviction, that comment just proves your arrogance, do you look down your nose at all your clients?

    You came on this site, asked a question, got very good answers, including one from a guy saying your getting a good deal, I would charge double. You then insult him, he replys, and takes a few digs back, justified in my opinion, he then goes on explains himself, and you insult him again. You might think that's ok but I don't.

    BT W he did not say he would charge 1000 he said he would charge double your solicitor who is charging 350, double 350 is 700, all the rest is going to the VAT man and the courts service, so of the almost 500 you will spend 150 will go straight to revenue and courts service and the remaing 350 about 150 will pay income tax. So of the 500 you will pay your solicitor will in reality get 200. It's not the lawyers sucking you dry it's the tax man.


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  • Registered Users, Registered Users 2 Posts: 25 Techno Mick


    Hmm, ok, perhaps.

    Just seem to be getting screwed by solicitors lately, €180ph for divorce advice too, but that's a seperate issue.

    I offer my apologies, sincerely, to dats_right, didn't come here for a slagging match, but didn't come here to be insulted about the fact that I have a conviction either, I mean that is the reason I asked for advice in the first place.....


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Hmm, ok, perhaps.

    Just seem to be getting screwed by solicitors lately, €180ph for divorce advice too, but that's a seperate issue.

    I offer my apologies, sincerely, to dats_right, didn't come here for a slagging match, but didn't come here to be insulted about the fact that I have a conviction either, I mean that is the reason I asked for advice in the first place.....

    While 180 an hour sounds huge, assuming its inc VAT then the charge is 150, at least 50 of that pays rent, insurance, wages etc. insurance practicing cert are currently about 15k a year for a single solicitor and in some cases more. So solicitor left with a ton per hour, then tax takes half that rough guess 50 left. Now I'm not saying that's not a good wage, but it's not a fortune either.

    Best of luck with the restoration, hope all goes well on the day.


  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    The prices quoted to a consumer don't care about taxes, either income or sales.

    lawyers should get used to this.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    The prices quoted to a consumer don't care about taxes, either income or sales.

    lawyers should get used to this.

    Can I ask do you work for a wage or are you self employed. To equate any self employed persons charge including VAT to an hourly rate of an employed persons wage into his hand is like comparing apples and oranges.

    I understand where you are coming from, all you see is the money going across the desk. But that's like thinking I just got a pint in the pub, I paid 4.50 for, that bar man just got 4.50 for just serving me a pint.

    And we should all as consumers care about VAT and Income Tax, it drives costs up for us all.


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    OP , be aware that applying for early restoration of a licence is not the ' slam dunk ' procedure you may think it is - plenty of these applications get short shrift from the judge on the day - my cousin being a case in point.


  • Registered Users, Registered Users 2 Posts: 25 Techno Mick


    Oh, yes I know it's not a given that you get it back, but as I was just over the 2 year (1 point) limit for the mandatory sentance, the Guard on the day and the judge were quite sympathetic if that's the word, and I am led to beleve that the Gardai will not object to it being restored.

    So yes, fingers crossed.


  • Registered Users, Registered Users 2 Posts: 25 Techno Mick


    Ok, so it does pay to shop around, just had a quote of €236 inc vat, stamp duty, the lot!


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