Firing a solicitor

SeanFxx

I have decided to fire my solicitor as I realised I don't actually need one.

I have wrote this letter. Is it okay, or is there anything else I should include. I have no idea what the fees will be.

Dear Mr. ******:
Thank you for representing me up to now in the above matter. I appreciate your assistance, however, I have decided against using a solicitor to handle my claim. I hereby revoke all permissions granted to you and request that you immediately stop working on my behalf.

Although I wish for you to stop representing me, I would still like you to be my legal advisor. I would like to work with you on a ‘pay-as-you-go’ basis i.e. affidavits, checking forms and general advice at your regular fee.

I request that you forward on any documents related to my case and an itemised bill to: ****************

Yours sincerly,
****

DylanII

I was considering removing my solicitor from my case too. There is no reason for me to have a solicitor, he has not done much for me as of yet. As far as I am aware there was just the initial consultation (with no charge), then they sent a letter on my behalf and made an appointment for me. Perhaps also contacted the garda.

I might use your letter if thats okay. Im just slightly worried about my fees.

ThreeLineWhip

I doubt any solicitor would want to remain as an advisor after being fired.

ResearchWill

SeanFxx wrote: »

I have decided to fire my solicitor as I realised I don't actually need one.

I have wrote this letter. Is it okay, or is there anything else I should include. I have no idea what the fees will be.

Can I ask why don't you want the solicitor to continue with your claim? Be aware the solicitor will be entitled to charge for all work to date.

SeanFxx

Yes I am aware that I will be charged for all work. I have asked for the 'bill' in the letter.

I don't actually need a solicitor. After the accident I was told by my insurance broker that I should go and get a solicitor immediately and that I would not have to pay any legal costs.

Since then I have found out that the injurys board suggest that a solicitor is not used and that no legal costs will be awarded.

I would also rather full control myself, I don't like going through a solicitor for everything.

Should I remove the request to remain as an adviser?

ThreeLineWhip

I would.

ResearchWill

SeanFxx wrote: »

Yes I am aware that I will be charged for all work. I have asked for the 'bill' in the letter.

I don't actually need a solicitor. After the accident I was told by my insurance broker that I should go and get a solicitor immediately and that I would not have to pay any legal costs.

Since then I have found out that the injurys board suggest that a solicitor is not used and that no legal costs will be awarded.

I would also rather full control myself, I don't like going through a solicitor for everything.

Should I remove the request to remain as an adviser?

It is true you do not need a solicitor and of course you can do without one. Are you confident of the value of your injury. What will you do if the Board offer you less than you believe the injury is worth. Is there a need to have evidence preserved in case the Board don't give an award or an award that is too low.

Have you made an application to the board before. Just so you are aware the vast majority of injuries board applications are done through a solicitor.

SeanFxx

ResearchWill wrote: »

It is true you do not need a solicitor and of course you can do without one. Are you confident of the value of your injury. What will you do if the Board offer you less than you believe the injury is worth. Is there a need to have evidence preserved in case the Board don't give an award or an award that is too low.

Have you made an application to the board before. Just so you are aware the vast majority of injuries board applications are done through a solicitor.

Yes I am fairly confident as to the value of my claim. If I am offered a settlement less than my 'minimum value' then I will consult a solicitor as to the best course of action.

My case is very straight forward. There isnt any question of liability, my doctor has all of the medical reports. The injurys were straight forward nothing complicated or long lasting.

qwertypop

Hi

I'd keep on to him. Insurance companies can be cute whores. Sorry mods. I had a insurance company approach me directly trying to settle a case very hush hush, partly because I think they found out I was under fierce financial pressure with my company and they thought I'd jump at a few pound.

As for you not being awarded costs I'd double check on that. My solicitor was awarded full costs when I won my case.

ResearchWill

SeanFxx wrote: »

Yes I am fairly confident as to the value of my claim. If I am offered a settlement less than my 'minimum value' then I will consult a solicitor as to the best course of action.

My case is very straight forward. There isnt any question of liability, my doctor has all of the medical reports. The injurys were straight forward nothing complicated or long lasting.

You mean this claim,

"I was driving home yesterday and I forgot to take my drink out of the cup holder (everything just falls out), the cup fell and burned my leg a little. I hit the brakes. The car behind hit into the back of me.

I said I was fine, my car was badly damaged. The garda came and he admitted liability. They asked me if I was okay and I said yes I'm fine, just a bit of a stiff neck but Ill be fine.

Now today I have been getting pains in my middle and upper back, stiff and sore neck and a little bit in the shoulder. Its not really bad pain more annoying than anything, I couldn't do pull ups today because it was sore but it was still bearable.

My problem is that I'm not sure if I should make a claim from his insurance. I would firstly feel bad doing that to his insurance, it will end up costing him a lot. And then also I don't want everyone thinking that I'm just another as$hole making a fake claim and I also dont think that its possible to prove whiplash. And the accident was kind of my fault for jamming on.

Should I make a claim or just forget about it?"


In PIAB they can only deal with an assement if liability is not an issue at that stage. If your happy to accept yourself as a client then go for it. But if it all goes wrong you have no one to turn to.

ResearchWill

qwertypop wrote: »

Hi

I'd keep on to him. Insurance companies can be cute whores. Sorry mods. I had a insurance company approach me directly trying to settle a case very hush hush, partly because I think they found out I was under fierce financial pressure with my company and they thought I'd jump at a few pound.

As for you not being awarded costs I'd double check on that. My solicitor was awarded full costs when I won my case.

Yes cost are awarded for a court case, but only in rare circumstances can be awarded for the PIAB application.

Pat Mustard

DylanII wrote: »

I might use your letter if thats okay. Im just slightly worried about my fees.

You should ask for a fee estimate.

Jumboman

ResearchWill wrote: »

You mean this claim,

"I was driving home yesterday and I forgot to take my drink out of the cup holder (everything just falls out), the cup fell and burned my leg a little. I hit the brakes. The car behind hit into the back of me.

I said I was fine, my car was badly damaged. The garda came and he admitted liability. They asked me if I was okay and I said yes I'm fine, just a bit of a stiff neck but Ill be fine.

Now today I have been getting pains in my middle and upper back, stiff and sore neck and a little bit in the shoulder. Its not really bad pain more annoying than anything, I couldn't do pull ups today because it was sore but it was still bearable.

My problem is that I'm not sure if I should make a claim from his insurance. I would firstly feel bad doing that to his insurance, it will end up costing him a lot. And then also I don't want everyone thinking that I'm just another as$hole making a fake claim and I also dont think that its possible to prove whiplash. And the accident was kind of my fault for jamming on.

Should I make a claim or just forget about it?"


In PIAB they can only deal with an assement if liability is not an issue at that stage. If your happy to accept yourself as a client then go for it. But if it all goes wrong you have no one to turn to.

If I was you I'd make a cliam the guy behind you was probably too close to you, I hate it when morons drive about 2 feet behind me people like that are asking for trouble.

RainyDay

ResearchWill wrote: »

Just so you are aware the vast majority of injuries board applications are done through a solicitor.

Source please?

Pat Mustard

RainyDay wrote: »

Source please?

This is from December 2006. It's a little out of date but I'm not aware of any huge change since. See p13 of this article:

In reality nearly 90% of claimants in the PIAB process are represented by solicitors...

ResearchWill

RainyDay wrote: »

Source please?

http://pibasure.ie/news/607-piab-faster-and-cheaper-than-courts-irish-examiner

PURSUING compensation claims through the Personal Injuries Assessment Board (PIAB) is four times faster and 70% cheaper than going to court, according to the PIAB.
In addition, compensation paid through the PIAB was at the same level of awards made in court because both systems use the Book of Quantum as a guide to compensation levels for particular injuries, the PIAB has claimed.
A total of 8,200 personal injury claimants benefited from €181 million in PIAB awards last year, a 47% increase on 2006. According to the PIAB, the speed of delivery — more than two years quicker than going to court — and the reduced legal costs resulted in savings of €40 million last year.

PIAB chief executive Patricia Byron said the figures clearly showed “the sustainable benefits of the non-adversarial model”.
“PIAB is not just faster and more efficient, but claimants benefit from awards at the same level as the courts while avoiding the stress of a court appearance, this is not to be underestimated,” said Ms Byron.
However, Stuart Gilhooly, chair of the Law Society’s litigation committee, said approximately half of the claims lodged with PIAB were not processed by the board because either the person against whom the claim was made chose instead to go to court or because the insurance company settled with the claimant.
“Of the remaining 50% of claims that do go through, two in five are turned down by one of the two parties to the claim and it can then go to court. This adds another layer to the claim process and cost,” said Mr Gilhooly.
He said up to 95% of claimants that go to the PIAB use a solicitor.
Mr Gilhooly also disputed the claim that PIAB awards were on a par with court awards. “The majority who turn down the PIAB award, which is not binding, and opt to go to court, get higher awards in court,” he said.
The number of claimants who go to court is likely to reduce further this year following a legislative change that makes claimants who reject PIAB awards, but subsequently fail to secure higher awards in court,liable for the legal costs arising.

ResearchWill

Jumboman wrote: »

If I was you I'd make a cliam the guy behind you was probably too close to you, I hate it when morons drive about 2 feet behind me people like that are asking for trouble.

The piece I quoted was from a posting put up by the OP 9 months ago, I was simply asking the OP was that posting the same as the claim in this thread.