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Is my Solicitor taking the proverbial?

  • 02-01-2013 6:37pm
    #1
    Closed Accounts Posts: 1,911 ✭✭✭


    Hey there,

    have a RTA claim ongoing for 2 years now and have had a few issues with my solicitor.

    First it happened that I showed up for an appointment and was told that he had to cancel, this annoyed me and I wish they had rung me in advance about it rather then waiting for me to show up to tell me but I left it slide as I thought it would be a once off. Then it happened again a few months later. Same thing, I showed up to be told he wasn't there. I got annoyed again but once again I left it slide.

    Now he seems incapable at returning phone calls. I can't count on both my hands how many times I was told I would be called back by him only to be left hanging with no call and me having to be the one to ring the next day to only have a slight chance at being able to talk to him.

    The worse was he told me he would have an answer to a very important question before the holidays and he would ring me with the information and he never did. So I was without contact for about 2 weeks about this very important time sensitive issue.

    They were back today so I rang and got the same he will call you spiel from the secretary yet no call?

    I guess what I need to know is. How normal is this? I mean this can't be right? I am paying him a bomb for his services and to be treated like this?

    My case is pretty much over with I am just waiting for him to dot the i's and cross the t's and to be paid.

    Like I said it was time sensitive and he knows this very well as I have mentioned it to him every time I have talked to him (about 3 times in 3 months)

    I guess all I can do at this stage is to never use him again or his practice?

    Thanks for any input you can give.


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Get a new solicitor.


  • Closed Accounts Posts: 1,911 ✭✭✭aN.Droid


    Get a new solicitor.

    I would but we are at the tail end of the case with only a few weeks left.

    I take it he is taking the pi** then?


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Limericks wrote: »
    I would but we are at the tail end of the case with only a few weeks left.

    I take it he is taking the pi** then?

    You only have to wait a few weeks before you finish your business with him. I'd look for better service elsewhere.


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    Limericks wrote: »
    I would but we are at the tail end of the case with only a few weeks left.

    I take it he is taking the pi** then?

    Call his secretary, leave a message that you have drafted a letter of complaint to the Law Society and wanted to give him an opportunity to call you before you sent it. Only play this card if you are willing to follow through.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Marcusm wrote: »
    Call his secretary, leave a message that you have drafted a letter of complaint to the Law Society and wanted to give him an opportunity to call you before you sent it. Only play this card if you are willing to follow through.

    Possible outcome number one: he makes the complaint and then finishes his business with the solicitor.

    Possible outcome number two: he threatens to make a complaint and then finshes out his business with the solicitor.

    A law society complaint is not likely to achieve a prompt, efficient service or effective communication.

    The only way to get that is to get a new solicitor.


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  • Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    OP at exactly what stage is your case at? Has your case settled?

    You say you have paid him a lot of money for his services. I'm failing to see how that is so in an RTA matter. What have you paid money for?

    Ignoring your calls and not turning up at appointments is of course unprofessional but I dont believe they are disciplinary matters that the Law Society can intervene in.

    Regardless of the above if your case is nearing completion after two years that is about average for an RTA case.


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    Possible outcome number one: he makes the complaint and then finishes his business with the solicitor.

    Possible outcome number two: he threatens to make a complaint and then finshes out his business with the solicitor.

    A law society complaint is not likely to achieve a prompt, efficient service or effective communication.

    The only way to get that is to get a new solicitor.

    Your mileage may vary but....


    If the solicitor is otherwise providing adequate advice but is failing to operate on a timely basis then "screaming louder" by threatening a complaint is likely to move the matter higher up the solicitor's agenda. No solicitor with a continuing practice is going to want to spend time dealing with a complaint relating to timeliness of service if it can be headed off at the pass.


  • Closed Accounts Posts: 1,911 ✭✭✭aN.Droid


    My main reason for this thread was to ascertain whether or not this was normal. I have gotten the answers now . Thanks :)

    Now to wait for his bill once it's finished. If it is OTT then I will be complaining.

    Also, was I meant to get a bill once I received my injuries board assessment since then the other side would be paying the bill?


  • Closed Accounts Posts: 1,911 ✭✭✭aN.Droid


    McCrack wrote: »
    OP at exactly what stage is your case at? Has your case settled?

    You say you have paid him a lot of money for his services. I'm failing to see how that is so in an RTA matter. What have you paid money for?

    Ignoring your calls and not turning up at appointments is of course unprofessional but I dont believe they are disciplinary matters that the Law Society can intervene in.

    Regardless of the above if your case is nearing completion after two years that is about average for an RTA case.

    I have been offered an amount by the defendant solicitors. I agree'd to this amount. I am waiting for my solicitor to basically get the amount and then issue it to me.

    I used his services before the injuries board assesment so have to pay for his services til then.

    I am not worried about the time it took but more so he will not return my calls on time.


  • Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    Respondents do not pay Applicants PIAB fee (Applicants own solicitors Injuiries Board fee).

    OP there are two things you have said that are not accurate and lend doubt to the overall picture of what your alleging.

    If your only Q is should a service provider ignore his clients calls and not show up for arranged appointments then no is the obvious answer.


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  • Closed Accounts Posts: 1,911 ✭✭✭aN.Droid


    McCrack wrote: »
    OP at exactly what stage is your case at? Has your case settled?

    You say you have paid him a lot of money for his services. I'm failing to see how that is so in an RTA matter. What have you paid money for?

    Ignoring your calls and not turning up at appointments is of course unprofessional but I dont believe they are disciplinary matters that the Law Society can intervene in.

    Regardless of the above if your case is nearing completion after two years that is about average for an RTA case.
    McCrack wrote: »
    Respondents do not pay Applicants PIAB fee (Applicants own solicitors Injuiries Board fee).

    OP there are two things you have said that are not accurate and lend doubt to the overall picture of what your alleging.

    If your only Q is should a service provider ignore his clients calls and not show up for arranged appointments then no is the obvious answer.

    As my understanding of the matter is, if I avail of counsel right from the start I have to pay his fee's until the PIAB issue an amount they would like me to accept. After that it is up to me whether or not to continue and if I do the costs come from the other side. I have to pay the solicitor up to that point.

    I think you gathered from my post that I have already paid him some monies, sorry no, I did not. I hope that clears it up for you. If not I will try explain it clearer.

    My question was to was this normal practice, yes. I got my answer and I thank all who helped. I won't be using him in the future or recommending him.

    I have a second question though.

    Was I supposed to be furnished with an invoice after the point where I am no longer responsible for his fee's? Up to the assessment date in this case?


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Marcusm wrote: »
    Your mileage may vary but....


    If the solicitor is otherwise providing adequate advice but is failing to operate on a timely basis then "screaming louder" by threatening a complaint is likely to move the matter higher up the solicitor's agenda. No solicitor with a continuing practice is going to want to spend time dealing with a complaint relating to timeliness of service if it can be headed off at the pass.

    I understand the point that you are trying to make. However, I don't think that a complaint would have a significant impact at this stage, considering that the case is settled and the OP's solicitor is waiting for the settlement cheque(s).


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