Solicitor sending regular sizeable bills for costs incurred!

Harry Bolton

Hi,
My brother was involved in a serious road traffic accident a few years ago, last year the solicitor dealing with his compensation claim retired and in doing so arranged for a different firm of solicitors to take over his workload of cases.

The system the now retired solicitor operated under and we asumed it was the usual method of operating in a compensation claim was that the solicitor covered all costs incurred such as medical fees ect and recouped any expenses together with professional fees when the case is concluded and if compensation is awarded.

My brother met with the new solicitor and seemed to be of the opinion that things would operate on the same basis as with the previous solicitor who retired, however last week he recieved a bill from the new solicitor for €800 which apears to be for costs incurred relating to Town Agent Fees and stamp Duty and also a medical report.
He attempted to make an appointment with the solicitor who is issuing the bills but he isnt available for an appointment until the end of next month.

In the meantime, We are curious to find out if it is normal practice in a compensation claim for a solicitor to bill the client for every cost incurred at the time they are incurred or is it done the way the previous solicitor was doing it in that he covered all costs incurred ie. medical reports, pysio bills ect and recouped all monies owed when the case had concluded.

We would appreciate any advise or opinions as we are in no way experienced in legal issues or dealing with solicitors !..

ResearchWill

The normal is no win no fee, that means the solicitor won't get paid for his work unless he wins. In relation to the expenses of running the case, it is really up to each solicitor. With the advent of PIAB, and the recession less and less Solicitors can afford to pay the running costs, some will pay everything, some will pay town agents fees and stamping and some will pay zero. It's simple if a solicitor has 100 cases running each with €1,000 in out lays that's €100,000 he needs to find.

Most solicitors will arrange for a plaintiff to pay these payments in small stages, and once the case is over they should be paid by the defendant.

Carawaystick

Is there not some letter the solicitor is supposed to give outlining fees? In advance of billing

nuac

As RW says. Solicitors are not banks. It is the client's responsibility to pay for outlays such as medical reports, court fees etc as they arise

Harry Bolton

Carawaystick wrote: »

Is there not some letter the solicitor is supposed to give outlining fees? In advance of billing

Yes they sent out a 4 page letter explaining a number of issues including their fees and charges and it states that a payment of €2000 + any expenses incurred are to be paid when the case or matter concludes, nowhere in the letters does it mention having to pay outlay or running costs as they occur!..

Harry Bolton

nuac wrote: »

As RW says. Solicitors are not banks. It is the client's responsibility to pay for outlays such as medical reports, court fees etc as they arise

I never asumed a solicitor was a bank, nor did I ask if they were and I certainly didnt read anything in RW's helpfull reply regarding a solicitor being a bank or not !..

I simply asked what is the method a solicitor would normally operate under for a compensation claim giving that my brother had experienced a completely different system regarding fees and running costs ect. under his previous solicitor !..

ResearchWill

Harry Bolton wrote: »

I never asumed a solicitor was a bank, nor did I ask if they were and I certainly didnt read anything in RW's helpfull reply regarding a solicitor being a bank or not !..

I simply asked what is the method a solicitor would normally operate under for a compensation claim giving that my brother had experienced a completely different system regarding fees and running costs ect. under his previous solicitor !..

A solitor will set out his fees in a s.68 letter. All other fees are not in his control. Yes many solicitors paid these cost before, but that was per PIAB and economic down turn, solicitors are not been given the overdrafts anymore to carry these fees. This is one of the problems in squeezing legal costs as now in reality there is no economic sense in carrying a grand in outlays for a couple of years for a final bill of a couple of grand.

valleyoftheunos

Most Solicitors will cover outlays as they are required but as RW mentioned the economic downturn has meant that Solicitors don't have the resources they once did.

Simply put Solicitors aren't able to pay client's outlays in the way that they were so most will no require clients to periodically pay for the outlays in chunks, usually the chunks aren't the full amount spent on Outlays.

It should be remembered that things like stamping, medical reports and other outlays are not solicitor's fees so even where a case is taken on a "no win no fee" basis, if you don't win you'll have to pay for these expenses.

mickdw

Why put sizeable bills in the title. These are costs encurred so sizeable or not has little to do with them being due.
The day of businesses covering outlay like this for long periods are long gone. What if someone doesnt pay? Bad enough being left without your own fees but being stung for outlay too is a real sickener. It has happened me but it wont happen again.
This is a compo case. Whats the odds on not getting paid if the case is lost?