Solicitor kept maintenance retrieved in court for his fee

armitage1971

Hi All

I was in court last week trying to get maintenance arrears from my ex which we did, the case was adjourned until later that day so he could bring money into court. The 500 euro was given to my solicitor and on the way out he said I will keep this and put it against your bill. I was taken a back as all the invoices were up to date and was waiting on the latest to be issued, so he kept the money and I didnt get an invoice until after, which meant he actually owed me money. Which I havent got. Is this normal, I think he was very cheeky its not as if I hadnt paid all the other invoices as soon as they were issued.

BornToKill

And what did your solicitor reply when you put this to him?

Morte

Highly irregular. Unless things have changed very recently it's a breach of the Solicitors Accounts Regulations to transfer money to his own bank account before a professional fee invoice has been dated and posted to the office ledger. It's one of the things an accountant will test for when doing his annual report on the solicitor.

Actually see the top of page 4 here. The solicitor needs the client to write and sign a letter authorising him to take money from a settlement.

Possibly he would not be in breach if he lodges to the money to the client account (legally still yours, not his) and only transfers the money to his own when he issues the bill. This would seem very sharp practice to me, though maybe a solicitor would argue otherwise. He still needs written permission to do this according to the leaflet.

armitage1971

BornToKill wrote: »

And what did your solicitor reply when you put this to him?

I havent said anything yet to him, I have an appointment next week. After court when he said that I was completely taken aback and just said right. There is no point in me ringing to speak to him he never returns a call so I made an appointment for next week. Not sure what to say to him though its done now and knowing my ex and his track record I will no doubt be engaging in his services once more.

Morte

Thinking back you did give him permission to hold the money so it's not massively wrong as he followed your instructions. Though it should still be held in the client account rather than his own until he needs to transfer it to pay a bill he issued to you. If there's a balance left from the bill you paid I certainly wouldn't see anything wrong with asking for it back rather than waiting for when you need to use him again in the future.

armitage1971

Morte wrote: »

Thinking back you did give him permission to hold the money so it's not massively wrong as he followed your instructions. Though it should still be held in the client account rather than his own until he needs to transfer it to pay a bill he issued to you. If there's a balance left from the bill you paid I certainly wouldn't see anything wrong with asking for it back rather than waiting for when you need to use him again in the future.

Hi there

I am not sure what you mean by saying I gave him permission, my ex gave it to his solicitor who in turn handed it to my solicitor. (we didnt know that the judge would do this) Maybe you mean because I said right when he said he would put it against the bill but I was completely caught off guard as we had just literally finished and were standing outside the courtroom. Anyway sure its done now a lesson learned though:)

Mellor

"I'll keep this and put it against your bill?"
"Eh, yeah, right so"

If you didn't want him to do it that way you could of said it there and then. It was just less hassle than giving it to you and then issuing an invoice for the same. It's not like you lost money.

armitage1971

Mellor wrote: »

"I'll keep this and put it against your bill?"
"Eh, yeah, right so"

If you didn't want him to do it that way you could of said it there and then. It was just less hassle than giving it to you and then issuing an invoice for the same. It's not like you lost money.

Ha ha good script. As I said earlier I was caught off guard and a lesson learned. God moderators replies:D

seb65

Mellor wrote: »

"I'll keep this and put it against your bill?"
"Eh, yeah, right so"

If you didn't want him to do it that way you could of said it there and then. It was just less hassle than giving it to you and then issuing an invoice for the same. It's not like you lost money.

From what I understand, a solicitor is no longer allowed to cash a client's settlement cheque in his own account. It has to be given to the client and the client then has to pay the solicitor. I am thinking in this case, though, it was cash? And his fee was less than the money he kept?

Go get what your owed back from him. It's a pretty sad day when a professional keeps money he didn't earn that's meant to feed and clothe children.

Also, I wouldn't be paying for his time for this next "appointment" i.e. an attempt by you to get the money you're owed.

armitage1971

seb65 wrote: »

From what I understand, a solicitor is no longer allowed to cash a client's settlement cheque in his own account. It has to be given to the client and the client then has to pay the solicitor. I am thinking in this case, though, it was cash? And his fee was less than the money he kept?

Go get what your owed back from him. It's a pretty sad day when a professional keeps money he didn't earn that's meant to feed and clothe children.

Also, I wouldn't be paying for his time for this next "appointment" i.e. an by you to get the money you're owed.

Yes spot on it was cash and the fee was less then the maintenance given. I wont be caught again:)

neverfindaname

No offence made, but is it not "six of one, half a dozen of another"?? On your next appointment, he hands you a bill, and your 500 and then you pay him? Same difference, however, you should of been sent a 'section 68' outlining all costs beforehand. In any event, knowing your ex (probably great friends with mine :rolleyes:) don't use a Solicitor anymore, do all the work yourself. From personal experience, don't get your maintenance paid via the District Court, my last appearance was this, and the biggest load of crap. I could be waiting up to 2-3 months for maintenance (despite him working in a very good job) and the DC don't bother chasing him. Should I need to apply for an attachment of earnings (as he works with very good wages) the DC won't do it for me, had I never involved them, I could of done so via a Solicitor and spoke on a personal level to the judge rather than being fobbed off by the DC.

armitage1971

neverfindaname wrote: »

No offence made, but is it not "six of one, half a dozen of another"?? On your next appointment, he hands you a bill, and your 500 and then you pay him? Same difference, however, you should of been sent a 'section 68' outlining all costs beforehand. In any event, knowing your ex (probably great friends with mine :rolleyes:) don't use a Solicitor anymore, do all the work yourself. From personal experience, don't get your maintenance paid via the District Court, my last appearance was this, and the biggest load of crap. I could be waiting up to 2-3 months for maintenance (despite him working in a very good job) and the DC don't bother chasing him. Should I need to apply for an attachment of earnings (as he works with very good wages) the DC won't do it for me, had I never involved them, I could of done so via a Solicitor and spoke on a personal level to the judge rather than being fobbed off by the DC.

Ah yeah sure it had to be paid I just thought he was cheeky, I got the bill in the post alright and the fee is less so he owes me money now which I have to go in and collect.:) My maintenance is now paid through DC and have very quickly realised that it really makes no difference and again for the hundreth time he has defaulted on his payments:rolleyes: You can still go to your solicitor for an attachment of earnings cant you?

neverfindaname

It is cheeky though, but I suppose he's just making sure he gets his cash.....

Unfortunately no If your yolk pays his money into the DC, its them who controls it. If he doesn't pay on time (welcome to my world!!) and it builds for weeks, all they'll do is send him a reminder. If an attachment is issued by them (and they'll only issue it under extreme circumstances), and he pays, its thrown out, you don't even get in front of a judge. I got mine through the DC hoping to stop me chasing it, and all the agro that comes with it....a complete joke! One lady in the dc actually said to a friend of mine "I know your getting it late, but your getting it!"...and unfortunately, that seems to be the unilateral opinion.

I'm sure if I told my utilities/mortgage/shopping/petrol "you'll get it"....they'd accept it :mad::mad:

armitage1971

neverfindaname wrote: »

It is cheeky though, but I suppose he's just making sure he gets his cash.....

Unfortunately no If your yolk pays his money into the DC, its them who controls it. If he doesn't pay on time (welcome to my world!!) and it builds for weeks, all they'll do is send him a reminder. If an attachment is issued by them (and they'll only issue it under extreme circumstances), and he pays, its thrown out, you don't even get in front of a judge. I got mine through the DC hoping to stop me chasing it, and all the agro that comes with it....a complete joke! One lady in the dc actually said to a friend of mine "I know your getting it late, but your getting it!"...and unfortunately, that seems to be the unilateral opinion.

I'm sure if I told my utilities/mortgage/shopping/petrol "you'll get it"....they'd accept it :mad::mad:

Thats dreadful:mad: So what do you do? I am back into court in a couple of weeks to review, the Judge said last time if he didnt bring money in to court he was going into custody which is why the case was adjourned and he gave 500 euro. Now he has missed payments again:mad: He owes over 2000 grand in arrears still. Its never ending:( and at this stage I dont think it ever will, the Judge in his closing said to him he has a responsibilty and why he doesnt think he has his beyond him and that bad news for him (my ex) he (the judge) is usually in the Dublin system but will be down here more often and lets hope he doesnt come in front of him again. Hasnt made a difference he has missed a payment already:rolleyes:

Mat the trasher

I'd wager, that if you don't mention it again, your next invoice will be for 500 less than you expect. An easy monkey for the pocket!

neverfindaname

armitage1971 wrote: »

Thats dreadful:mad: So what do you do? I am back into court in a couple of weeks to review, the Judge said last time if he didnt bring money in to court he was going into custody which is why the case was adjourned and he gave 500 euro. Now he has missed payments again:mad: He owes over 2000 grand in arrears still. Its never ending:( and at this stage I dont think it ever will, the Judge in his closing said to him he has a responsibilty and why he doesnt think he has his beyond him and that bad news for him (my ex) he (the judge) is usually in the Dublin system but will be down here more often and lets hope he doesnt come in front of him again. Hasnt made a difference he has missed a payment already:rolleyes:

And, AND the thing is, if he had (ex) a problem discharging the maintenance from day one, he should of just summoned you for a vary, but no, he just decided one day "I couldn't be arsed" and you are both in this situation. What maddens me though is they (respondents) seem to think the maintenance we receive is for new shoes, a night out, getting our hair done, and any monies goes towards our 'upkeep', my son gets 15e a week pocket money, so mine is nearly gone before I see it! The system unfortunately does not work, especially if your the defendant. And the system is the legal system, and laws. Whats the point in having them if you can't enforce them? When you get your time again, lock him up

MagicSean

neverfindaname wrote: »

No offence made, but is it not "six of one, half a dozen of another"?? On your next appointment, he hands you a bill, and your 500 and then you pay him? Same difference, however, you should of been sent a 'section 68' outlining all costs beforehand. In any event, knowing your ex (probably great friends with mine :rolleyes:) don't use a Solicitor anymore, do all the work yourself. From personal experience, don't get your maintenance paid via the District Court, my last appearance was this, and the biggest load of crap. I could be waiting up to 2-3 months for maintenance (despite him working in a very good job) and the DC don't bother chasing him. Should I need to apply for an attachment of earnings (as he works with very good wages) the DC won't do it for me, had I never involved them, I could of done so via a Solicitor and spoke on a personal level to the judge rather than being fobbed off by the DC.

No it's not six of one and half a dozen of the other. It is not for your solicitor to decide how and when you pay the bills. Op should be charging him interest for the money he kept.

neverfindaname

MagicSean wrote: »

No it's not six of one and half a dozen of the other. It is not for your solicitor to decide how and when you pay the bills. Op should be charging him interest for the money he kept.

?!? Ok................must remember that one...