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Solicitor's fees outrageous!!!

  • 19-12-2015 7:22pm
    #1
    Closed Accounts Posts: 22


    Hello everyone, this is Florin, I was wondering if any of you can clear some things for me in regards to solicitor's fees for injury claim.
    A couple of years ago I suffered an accident in the garden and broke my wrist in several places, due to maintenance work not being done before requesting us to move in.
    My wrist was in such a bad shape, I still have issues with it, and will probably end up with arthritis in it.
    Anyway, soon after the accident I contacted a local 'no win, no fee' solicitor to ask what's there to do, and eventually he took on my case without much information about his expected fees, if case was to be successful.
    Recently got an offer from Injury Board of 55000 Euro, which I accepted, although solicitor was confident I could have gotten more and he contacted a barrister who told him that the offer is good and we could get up to 65000 but could also get less.
    Now, the solicitor send me bill with his costs and the engineer costs, which came to approximately 13500 Euro, which I find outrageous. These costs sum up to a quarter of settlement, which is just crazy. Only after offer received from Injury board, he started hinting he is not cheap. Never said that to me at the start of case.
    Are these costs reasonable? Is that an amount to be expected for personal injuries? Is there anything to do about this? These are some of the questions I'd really like an answer to.
    I appreciate any info on this. Thank you


«1

Comments

  • Moderators, Science, Health & Environment Moderators Posts: 21,692 Mod ✭✭✭✭helimachoptor


    why didnt you ask upfront what the fees were?


  • Registered Users, Registered Users 2 Posts: 818 ✭✭✭Triangla


    Ask for a detailed breakdown of the bill.

    Also, the solicitor is obliged to notify you of fees up front.

    https://www.lawsociety.ie/Documents/pdfs/LegalCharges.pdf


  • Registered Users, Registered Users 2 Posts: 23,686 ✭✭✭✭mickdw


    So you fall in the garden of your home that is kindly provided for you by the council via the tax payer. Not happy with that situation, you sue over your own stupidity and get more than 40k for yourself but of course, you couldn't be happy with that.


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭Aint Eazy Being Cheezy


    mickdw wrote: »
    So you fall in the garden of your home that is kindly provided for you by the council via the tax payer. Not happy with that situation, you sue over your own stupidity and get more than 40k for yourself but of course, you couldn't be happy with that.

    Zzzzzzzzzzzz


  • Registered Users, Registered Users 2 Posts: 8,203 ✭✭✭partyguinness


    Title is misleading. Your posts states 'Solicitor's fees outrageous' but you have not broken this down and it also includes engineers costs and presumably VAT, court fees and perhaps the costs of medical reports. Also, how long has it taken to get to this point?

    So really poster a little more clarification and information would be helpful when it is not just the solicitor costs that you are moaning about.


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  • Registered Users, Registered Users 2 Posts: 1,967 ✭✭✭Sultan of Bling


    You say you received an offer from the injuries board. I presume the claim was assessed by the board and you accepted. You should note if the party you hold responsible for your injury (respondent) declined the assessment, your claim will proceed through the courts.

    If the claim is now finalised and you are unhappy re the total of legal costs you should contact the taxing master.


  • Registered Users, Registered Users 2 Posts: 4,812 ✭✭✭Addle


    mickdw wrote: »
    So you fall in the garden of your home that is kindly provided for you by the council via the tax payer. Not happy with that situation, you sue over your own stupidity and get more than 40k for yourself but of course, you couldn't be happy with that.

    The settlement is 6 figures...


  • Closed Accounts Posts: 22 hunktiger


    mickdw wrote: »
    So you fall in the garden of your home that is kindly provided for you by the council via the tax payer. Not happy with that situation, you sue over your own stupidity and get more than 40k for yourself but of course, you couldn't be happy with that.

    Maybe you should just mind your own business, Muppet! Huge blocks of concrete as well as holes all over the place were left in the garden. They were not my responsibility, but landlord's! Before you make an even bigger fool out of yourself, GTFO! If you've no answer, just piss off!


  • Closed Accounts Posts: 22 hunktiger


    Title is misleading. Your posts states 'Solicitor's fees outrageous' but you have not broken this down and it also includes engineers costs and presumably VAT, court fees and perhaps the costs of medical reports. Also, how long has it taken to get to this point?

    So really poster a little more clarification and information would be helpful when it is not just the solicitor costs that you are moaning about.

    Engineers' fees are 1600 with VAT, medical reports were paid by me already. Solicitor's fees 11500 with VAT, the rest was barrister's costs with VAT.
    It's been almost 2 years since case started, but friend of mine for injury claim has paid 1600 for a 25000 settlement, hence the reason I find fees outrageous.


  • Closed Accounts Posts: 22 hunktiger


    You say you received an offer from the injuries board. I presume the claim was assessed by the board and you accepted. You should note if the party you hold responsible for your injury (respondent) declined the assessment, your claim will proceed through the courts.

    If the claim is now finalised and you are unhappy re the total of legal costs you should contact the taxing master.

    Defendant accepted as well.


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  • Closed Accounts Posts: 36 ToRamona


    hunktiger wrote: »
    Maybe you should just mind your own business, Muppet! Huge blocks of concrete as well as holes all over the place were left in the garden. They were not my responsibility, but landlord's! Before you make an even bigger fool out of yourself, GTFO! If you've no answer, just piss off!

    No need to be rude.

    Re the cost, you should have agreed a price at the start or at least had an idea what the fee would be based on your settlement.


  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    hunktiger wrote: »
    Hello everyone, this is Florin, I was wondering if any of you can clear some things for me in regards to solicitor's fees for injury claim.
    A couple of years ago I suffered an accident in the garden and broke my wrist in several places, due to maintenance work not being done before requesting us to move in.
    My wrist was in such a bad shape, I still have issues with it, and will probably end up with arthritis in it.
    Anyway, soon after the accident I contacted a local 'no win, no fee' solicitor to ask what's there to do, and eventually he took on my case without much information about his expected fees, if case was to be successful.
    Recently got an offer from Injury Board of 55000 Euro, which I accepted, although solicitor was confident I could have gotten more and he contacted a barrister who told him that the offer is good and we could get up to 65000 but could also get less.
    Now, the solicitor send me bill with his costs and the engineer costs, which came to approximately 13500 Euro, which I find outrageous. These costs sum up to a quarter of settlement, which is just crazy. Only after offer received from Injury board, he started hinting he is not cheap. Never said that to me at the start of case.
    Are these costs reasonable? Is that an amount to be expected for personal injuries? Is there anything to do about this? These are some of the questions I'd really like an answer to.
    I appreciate any info on this. Thank you

    Interesting,
    What kind of work are you involved in yourself and what kind of salary do you earn?

    TBF, the solicitor should have discussed the fees they would be charging should you have won the case, however I don't think that's a huge amount of money to be paying on the face of it.
    You said you had a friend who paid far less for a smaller damage claim - why didn't you use that solicitor?


  • Registered Users, Registered Users 2 Posts: 4 Henry1


    If your house was supplied to you by the Council, or if you have rent supplements etc...would the Social Welfare not pay the legal fees for you?


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    What would the solicitor have got if you failed?

    You're paying for that lower risk now.

    Lessons to learn.

    1. Be more careful around the garden etc.
    2. Ask for quotes in advance (for any potentially expensive purchase).


  • Registered Users, Registered Users 2 Posts: 912 ✭✭✭bmm


    hunktiger wrote: »
    Maybe you should just mind your own business, Muppet! Huge blocks of concrete as well as holes all over the place were left in the garden. They were not my responsibility, but landlord's! Before you make an even bigger fool out of yourself, GTFO! If you've no answer, just piss off!

    My commiserations to anyone who comes across you :p


  • Registered Users, Registered Users 2 Posts: 71,113 ✭✭✭✭L1011


    Henry1 wrote: »
    If your house was supplied to you by the Council, or if you have rent supplements etc...would the Social Welfare not pay the legal fees for you?

    No.


  • Closed Accounts Posts: 22 hunktiger


    kippy wrote: »

    TBF, the solicitor should have discussed the fees they would be charging should you have won the case, however I don't think that's a huge amount of money to be paying on the face of it.
    You said you had a friend who paid far less for a smaller damage claim - why didn't you use that solicitor?
    I did not use that solicitor because I did not know her solicitor at the time as her accident came a good while after mine.
    I don't know what is a fair amount to be expected in solicitor's fees, and if put in comparison with my friend's... it really is a huge difference. I know solicitor fees depend on a number of factors, but why such a difference? And to be honest, I was expecting somewhere at 7000 mark with all fees, and it came almost double that.


  • Closed Accounts Posts: 22 hunktiger


    bmm wrote: »
    My commiserations to anyone who comes across you :p
    In normal situations, I might have considered your argument, but since you didn't even have the decency to learn how to spell before spouting any rubbish, I can't seriously take you.


  • Registered Users, Registered Users 2 Posts: 8,800 ✭✭✭Senna


    No win no fee, you won so you pay a fee. The fee will be more than a traditional solicitors fees because they operate a no win no fee policy.
    You are paying a premium and you obviously knew thats how something like this works, it's beyond believe that you wouldn't ask this question at the start.

    As someone stated above, the solicitor should have explained fees beforehand, so that is your only avenue to pursue.


  • Registered Users, Registered Users 2 Posts: 573 ✭✭✭m1ck007


    hunktiger wrote: »
    In normal situations, I might have considered your argument, but since you didn't even have the decency to learn how to spell before spouting any rubbish, I can't seriously take you.

    Take you seriously you mean.


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  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    hunktiger wrote: »
    I did not use that solicitor because I did not know her solicitor at the time as her accident came a good while after mine.
    I don't know what is a fair amount to be expected in solicitor's fees, and if put in comparison with my friend's... it really is a huge difference. I know solicitor fees depend on a number of factors, but why such a difference? And to be honest, I was expecting somewhere at 7000 mark with all fees, and it came almost double that.

    Perhaps you should have shopped around before you took on that solicitor or indeed asked for specifics on costs before you engaged their services, as you would do with spending money on most products and services.

    I suspect, as others have pointed out, that the rates may be higher for these "no win no fee" solicitors as they are essentially taking a risk putting their time, effort and significant resources into assisting you with no chance of payment if you don't win the case. As such they have to charge more for their time and effort because they don't get paid every time - that could be one reason (of many) that the costs were a good bit higher.

    Again, the solicitor has many costs and needs to cover these.
    Next time something like this happens you or one in your circle of friends go to the cheaper solicitor, it's much better.


  • Closed Accounts Posts: 22 hunktiger


    Avatar MIA wrote: »
    What would the solicitor have got if you failed?

    You're paying for that lower risk now.

    Lessons to learn.

    1. Be more careful around the garden etc.
    2. Ask for quotes in advance (for any potentially expensive purchase).

    This is not a debate, any solicitor that offer 'no win, no fee', and all solicitors in general, would most likely not take on a case that is going to fail. This was a winning case, hence why he took it on, but that does not mean I should pay more than I have to just because of 'no win, no fee' policy.
    Risk would have been the same regardless of what way he charges fees, so he did not do me a favor.
    As for the injury, I can be as careful as you and anyone can be when something unforeseeable leads to an injury.


  • Closed Accounts Posts: 22 hunktiger


    m1ck007 wrote: »
    Take you seriously you mean.
    If only what I said was wrong...


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    hunktiger wrote: »
    This is not a debate, any solicitor that offer 'no win, no fee', and all solicitors in general, would most likely not take on a case that is going to fail. This was a winning case, hence why he took it on, but that does not mean I should pay more than I have to just because of 'no win, no fee' policy.
    Risk would have been the same regardless of what way he charges fees, so he did not do me a favor.

    Ah, I see now why you are outraged at the solicitor's fees. You don't understand the concept of risk.

    Carry on.


  • Registered Users, Registered Users 2 Posts: 16 whatthefurry


    So did you get an estimate of costs from the solicitor or not? Ie a written letter, a s.68 letter.


  • Registered Users, Registered Users 2 Posts: 912 ✭✭✭bmm


    hunktiger wrote: »
    In normal situations, I might have considered your argument, but since you didn't even have the decency to learn how to spell before spouting any rubbish, I can't seriously take you.

    :D:D:D:pac::pac::pac::pac:


  • Closed Accounts Posts: 22 hunktiger


    m1ck007 wrote: »
    Take you seriously you mean.
    Yeah, I apologize, wrong order of words.
    And just so I return the favor, you should have said: '' Take you seriously, you mean''. Two distinctive propositions.


  • Closed Accounts Posts: 36 ToRamona


    hunktiger wrote: »
    This is not a debate, any solicitor that offer 'no win, no fee', and all solicitors in general, would most likely not take on a case that is going to fail. This was a winning case, hence why he took it on, but that does not mean I should pay more than I have to just because of 'no win, no fee' policy.
    Risk would have been the same regardless of what way he charges fees, so he did not do me a favor.
    As for the injury, I can be as careful as you and anyone can be when something unforeseeable leads to an injury.

    Did you have much correspondence with the solicitor prior to the hearing? I thought they usually gave an idea of the cost ?


  • Closed Accounts Posts: 22 hunktiger


    So did you get an estimate of costs from the solicitor or not? Ie a written letter, a s.68 letter.
    Yes, I did, but it is not broken down in details. He sent bill, but not clearly describing what the costs are for.


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  • Closed Accounts Posts: 1,420 ✭✭✭esforum


    why didnt you ask upfront what the fees were?

    Its not for the OP to make a request, the solicitor is required to give an outline as per section 68.
    ToRamona wrote: »
    Re the cost, you should have agreed a price at the start or at least had an idea what the fee would be based on your settlement.

    Solicitors cannot charge a percentage of any compensation. Even having a sliding scale based on winnings is generally not accepted when taxed as the fee must present the work and complication, not the dollar signs.
    Title is misleading. Your posts states 'Solicitor's fees outrageous' but you have not broken this down and it also includes engineers costs and presumably VAT, court fees and perhaps the costs of medical reports. Also, how long has it taken to get to this point?

    why would there ne court costs? they would be paid by the other side if they existed and the claim was finished before it hit court.
    hunktiger wrote: »
    Engineers' fees are 1600 with VAT, medical reports were paid by me already. Solicitor's fees 11500 with VAT, the rest was barrister's costs with VAT.
    It's been almost 2 years since case started, but friend of mine for injury claim has paid 1600 for a 25000 settlement, hence the reason I find fees outrageous.

    It was obviously a pretty big claim in terms of work involved for engineers fees to hit that number and also the amount you were awarded however I dont understand why you are paying a barrister. It went through the compensation board, there was no need for a barrister. If your solicitor wanted to pick a bigger and better brain, thats his problem.

    Bottom line, in my opinion you are being screwed but not by an outragious amount. When you get your bill get it taxed but in the meantime would you mind PMing me? I have a sneaky suspicion I know who you are using and it would be par for the course with him.


  • Closed Accounts Posts: 22 hunktiger


    Avatar MIA wrote: »
    Ah, I see now why you are outraged at the solicitor's fees. You don't understand the concept of risk.

    Carry on.
    I do understand the concept of risk, but what I am saying is that odds of winning case would have been the same whether it's a 'no win, no fee' case or a case where you have to pay upfront for services.
    Anyway, answers like the one provided by you are completely useless.
    Just answer on topic, please!


  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    hunktiger wrote: »
    I do understand the concept of risk, but what I am saying is that odds of winning case would have been the same whether it's a 'no win, no fee' case or a case where you have to pay upfront for services.
    Anyway, answers like the one provided by you are completely useless.
    Just answer on topic, please!

    Solicitors take on cases that they don't win all the time.


  • Closed Accounts Posts: 22 hunktiger


    esforum wrote: »
    Its not for the OP to make a request, the solicitor is required to give an outline as per section 68.



    Solicitors cannot charge a percentage of any compensation. Even having a sliding scale based on winnings is generally not accepted when taxed as the fee must present the work and complication, not the dollar signs.



    why would there ne court costs? they would be paid by the other side if they existed and the claim was finished before it hit court.



    It was obviously a pretty big claim in terms of work involved for engineers fees to hit that number and also the amount you were awarded however I dont understand why you are paying a barrister. It went through the compensation board, there was no need for a barrister. If your solicitor wanted to pick a bigger and better brain, thats his problem.

    Bottom line, in my opinion you are being screwed but not by an outragious amount. When you get your bill get it taxed but in the meantime would you mind PMing me? I have a sneaky suspicion I know who you are using and it would be par for the course with him.

    This is the best answer I got so far, thank you very much.
    You're the one who read and understood my concern. Thanks again


  • Registered Users, Registered Users 2 Posts: 3,953 ✭✭✭aujopimur


    hunktiger wrote: »
    Engineers' fees are 1600 with VAT, medical reports were paid by me already. Solicitor's fees 11500 with VAT, the rest was barrister's costs with VAT.
    It's been almost 2 years since case started, but friend of mine for injury claim has paid 1600 for a 25000 settlement, hence the reason I find fees outrageous.

    €1600 is the usual fee for handling Injuries Board cases, you could have used the Injuries Board yourself without engaging a solicitor.


  • Closed Accounts Posts: 22 hunktiger


    kippy wrote: »
    Solicitors take on cases that they don't win all the time.
    That is true, but they can also decline acting on certain cases if chances of winning are slim to nothing, especially if they offer 'no win, no fee'.


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  • Closed Accounts Posts: 1,380 ✭✭✭haveringchick


    Henry1 wrote: »
    If your house was supplied to you by the Council, or if you have rent supplements etc...would the Social Welfare not pay the legal fees for you?

    Somebody needs a crash course in social housing! How could one sentence be so wrong!


  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    hunktiger wrote: »
    That is true, but they can also decline acting on certain cases if chances of winning are slim to nothing, especially if they offer 'no win, no fee'.

    Well yeah, of course. A "no win no fee" agent is hardly going to take on a case they know they cannot or won't win..........
    But then there are plenty of 50/50 cases that can go either way.


    I think you need to thank your lucky stars that the legal system is heading the way of the States in this country more than anything else and that basic personal responsibility isn't as valued or expected as it once was to be completely honest.


  • Registered Users, Registered Users 2 Posts: 6,276 ✭✭✭happyoutscan


    kippy wrote: »
    I think you need to thank your lucky stars that the legal system is heading the way of the States in this country more than anything else and that basic personal responsibility isn't as valued or expected as it once was to be completely honest.

    Agreed. Grown men falling around the place and laying the blame elsewhere. Pure nonsense.


  • Registered Users, Registered Users 2 Posts: 12,313 ✭✭✭✭Sam Kade


    Tripping over concrete blocks, have you two left feet or something?


  • Closed Accounts Posts: 22 hunktiger


    kippy wrote: »
    Well yeah, of course. A "no win no fee" agent is hardly going to take on a case they know they cannot or won't win..........
    But then there are plenty of 50/50 cases that can go either way.


    I think you need to thank your lucky stars that the legal system is heading the way of the States in this country more than anything else and that basic personal responsibility isn't as valued or expected as it once was to be completely honest.
    If you rent a house and all of a sudden ceiling falls off and kills you, would it be your fault or landlord's?
    You guys are so hypocritical, it's actually embarrassing.
    Answer if you can or don't answer at all!
    Better that way, at least you won't waste my time.


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  • Closed Accounts Posts: 22 hunktiger


    Sam Kade wrote: »
    Tripping over concrete blocks, have you two left feet or something?
    Time wasters, kindly just go...
    Answer if you can or don't answer at all!


  • Registered Users, Registered Users 2 Posts: 12,313 ✭✭✭✭Sam Kade


    hunktiger wrote: »
    If you rent a house and all of a sudden ceiling falls off and kills you, would it be your fault or landlord's?
    You guys are so hypocritical, it's actually embarrassing.
    Answer if you can or don't answer at all!
    Better that way, at least you won't waste my time.

    You're a very nasty aggressive little man, mind how you go and next time ask about fee up front.


  • Closed Accounts Posts: 36 ToRamona


    hunktiger wrote: »
    If you rent a house and all of a sudden ceiling falls off and kills you, would it be your fault or landlord's?
    You guys are so hypocritical, it's actually embarrassing.
    Answer if you can or don't answer at all!
    Better that way, at least you won't waste my time.

    Ya but you don't walk on the ceiling lol Blocks are pretty big after all.


  • Closed Accounts Posts: 22 hunktiger


    Agreed. Grown men falling around the place and laying the blame elsewhere. Pure nonsense.
    You're obviously dyslexic or to dumb to read full story.
    It is landlord's responsibility to make sure that house is safe to live in, and that includes everything on the property.
    Just stop making yourselves look like clowns!!!
    Your comment is useless and pointless, don't need that! If you are too bored or something, just go and...


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    So,
    What do you work at yourself op?

    And when you say landlord,was it a private landlord,or was it the department of social welfare?


  • Closed Accounts Posts: 22 hunktiger


    Sam Kade wrote: »
    You're a very nasty aggressive little man, mind how you go and next time ask about fee up front.
    I am aggressive for asking time wasters to stop being hypocritical? All I need is useful
    info, not little fairies wasting my time.


  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    hunktiger wrote: »
    Agreed. Grown men falling around the place and laying the blame elsewhere. Pure nonsense.
    You're obviously dyslexic or to dumb to read full story.
    It is landlord's responsibility to make sure that house is safe to live in, and that includes everything on the property.
    Just stop making yourselves look like clowns!!!
    Your comment is useless and pointless, don't need that! If you are too bored or something, just go and...
    Add your reply here.
    Did you advise the landlord there were issues with the garden?


  • Closed Accounts Posts: 22 hunktiger


    ToRamona wrote: »
    Ya but you don't walk on the ceiling lol Blocks are pretty big after all.
    I know you don't walk on the ceiling, genius! You walk under it.
    When I say blocks, I mean blocks, as in 1.5m X 0.3m X 0.3m left all over the place.


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    hunktiger wrote: »
    All I need is

    I would have thought the owner of boards.ie (assuming you are from your attitude) would have been clever enough to confirm fees in advance.


  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    hunktiger wrote: »
    kippy wrote: »
    Well yeah, of course. A "no win no fee" agent is hardly going to take on a case they know they cannot or won't win..........
    But then there are plenty of 50/50 cases that can go either way.


    I think you need to thank your lucky stars that the legal system is heading the way of the States in this country more than anything else and that basic personal responsibility isn't as valued or expected as it once was to be completely honest.
    If you rent a house and all of a sudden ceiling falls off and kills you, would it be your fault or landlord's?
    You guys are so hypocritical, it's actually embarrassing.
    Answer if you can or don't answer at all!
    Better that way, at least you won't waste my time.
    It might be neither of our fault to be completely blunt about it. Busy its a completely different situation to your own.


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