Can a solicitor sack their client?

redunited

Can a solicitor sack their client?

If say for instance the solicitor was representing their client in an ongoing case and the client was unhappy with how things were progressing and said this to the solicitor can the solicitor then decide to no longer act for the client and technically sack them?

THanks

Peregrinus

Yes, basically. There are some professional ethical issues that need careful consideration - even sacking the client has to be something done in service of the client's best interests. But, yeah, a solicitor can decline to accept further instructions.

In fact, the classic case where you do this is where you have tendered advice which the client won't accept. It's definitely not in the client's best interests to be represented by a solicitor in whose advice he has no confidence.

You can, of course, also decline instructions from a client who can't or won't pay.

4ensic15

There are applications to the courts frequently by solicitors seeking to come "off record", that is, cease acting in a case, for clients. Reasons given include not being able to obtain instructions or breakdown in trust and confidence.

Commanchie

They can cease acting on behalf of a client.

redunited

Thanks for the replies,

What I don't understand is how then can a solicitor charge the client for work when the job has only been half done?

Say a solicitor abandons a client halfway through a case, no other reason than the solicitor has a heavy workload. THat client then has to find a new solicitor and start the ball rolling again. How then can the old solicitor charge for all that work?

It seems a little unfair on the client that he could be abandoned halfway through a case, then go find a new solicitor, have that new solicitor start again with fees now due to both solicitors?

I would expect fees to be charged when the work was completed.

A new solicitor will always have to start from the beginning to understand the case and get a feel for it, they will naturally charge you for this so you end up paying double.

Commanchie

redunited wrote: »

Thanks for the replies,

What I don't understand is how then can a solicitor charge the client for work when the job has only been half done?

Say a solicitor abandons a client halfway through a case, no other reason than the solicitor has a heavy workload. THat client then has to find a new solicitor and start the ball rolling again. How then can the old solicitor charge for all that work?

It seems a little unfair on the client that he could be abandoned halfway through a case, then go find a new solicitor, have that new solicitor start again with fees now due to both solicitors?

I would expect fees to be charged when the work was completed.

A new solicitor will always have to start from the beginning to understand the case and get a feel for it, they will naturally charge you for this so you end up paying double.

A new solicitor will not go back to the start. He will take over case notes from old legal practice if its a large case ask for a readjournment for a number of weeks as new counsel was taken by the defence.

A solicitor still needs to be paid for the work he has done, if a client is happy or not. A lot of accused tend to sack their legal team to drag a case out. A solicitor has a right to be paid, the accused chose that solicitor in the first place.

Commanchie

redunited wrote: »

Thanks for the replies,

What I don't understand is how then can a solicitor charge the client for work when the job has only been half done?

Say a solicitor abandons a client halfway through a case, no other reason than the solicitor has a heavy workload. THat client then has to find a new solicitor and start the ball rolling again. How then can the old solicitor charge for all that work?

It seems a little unfair on the client that he could be abandoned halfway through a case, then go find a new solicitor, have that new solicitor start again with fees now due to both solicitors?

I would expect fees to be charged when the work was completed.

A new solicitor will always have to start from the beginning to understand the case and get a feel for it, they will naturally charge you for this so you end up paying double.

A solicitor cannot drop a case due to heavy work load. Thats bad practice if dropped by named solicitor practice will provide someone else

RayCun

Suppose you got an architect to design a house for you.
You say "I want this, this, and this".
The architect draws up some plans.
You say, "no, that's not what I meant, this is wrong and that should be different".
The architect draws up some more plans.
You say, "No, you still don't get it, I want it more like that, and like that."
The architect says, "Okay, this isn't working, you need to go with someone else".

You don't have a set of plans you like, the job isn't finished. But the architect has put in the time, and will charge you for that time (will already have charged you).

redunited

RayCun wrote: »

Suppose you got an architect to design a house for you.
You say "I want this, this, and this".
The architect draws up some plans.
You say, "no, that's not what I meant, this is wrong and that should be different".
The architect draws up some more plans.
You say, "No, you still don't get it, I want it more like that, and like that."
The architect says, "Okay, this isn't working, you need to go with someone else".

You don't have a set of plans you like, the job isn't finished. But the architect has put in the time, and will charge you for that time (will already have charged you).

Well first of all if the Architect kept getting it wrong I would question how good this architect is. Surely you don't pay for substandard work if the work was incomplete?

In regards to a solicitor,

If the solicitor has been involved in a complicated case and this case is ongoing and suddenly they drop you and you have to start again with another solicitor that other solicitor will need to understand the case, thus this is an extra cost to get them up to scratch. Then the new solicitor may not agree with the work carried out by the old and will try a new approach.

The point here is that the client through no fault of their own has been badly let down by their old solicitor who has dumped them in the middle of a case, and the client now has to start again.

Imagine if the client can't afford the legal costs with the old solicitor and it was agreed that the solicitor would take most of their fees from any award made, a no win no fee type situation. Then all of a sudden the client has to find the money to pay the old solicitor to release their documents if they can't do this the new solicitor will have to start from scratch.


Either way, I would have thought that any solicitor dumping their client would have some cheek demanding full payment by leaving their client in a mess and having to seek new legal counsel.

Thanks for the replies, by the way.

Snotty

RayCun wrote: »

Suppose you got an architect to design a house for you.
You say "I want this, this, and this".
The architect draws up some plans.
You say, "no, that's not what I meant, this is wrong and that should be different".
The architect draws up some more plans.
You say, "No, you still don't get it, I want it more like that, and like that."
The architect says, "Okay, this isn't working, you need to go with someone else".

You don't have a set of plans you like, the job isn't finished. But the architect has put in the time, and will charge you for that time (will already have charged you).

That isn't a very good analogy for the OPs situation.
A better analogy would be, the architect meets the client, builds requirements and uses his professional experience to gauge the style the client wants.
The architect then designs the first floor and the client is happy. The architect then says he is too busy to design the second floor and the client must find someone else.

OP, you have been let do by this solicitor and I hope the law society can assist you.

RayCun

redunited wrote: »

Either way, I would have thought that any solicitor dumping their client would have some cheek demanding full payment by leaving their client in a mess and having to seek new legal counsel.

This might be the misunderstanding. Usually when you engage a solicitor, it is not on the basis of X euro per case. You pay for their time.

It's like going to the doctor. Sure, your GP has a basic rate for a consultation. But that isn't "50 euro and you are cured", it's 50 quid to see her for 20 minutes. If you have to go back, that's more money. If you have to be referred to a consultant, that's more. If you need X, Y, Z... adds up.

And if you go to your doctor with back pain, for example, and after paying for several visits and different treatments, he says that he can't do any more and you should seek a second opinion, you don't get your money back. The work didn't have the result you like, but the work was still done.

Graces7

Yes. Happened to me over a house sale some years back. Solicitor was delaying etc with no progress and I challenged this.

I found a better solicitor and al went well

Then the original one gave my address to someone .... we sued him successfully

Mr. Incognito

If someone has done work they are entitled to be paid.

Solicitors can come off record for any reason.

If you are now seeking some justification to not paying him for his work I think I might be able to hazard a guess why he came off record.

CelticRambler

Commanchie wrote: »

A solicitor cannot drop a case due to heavy work load. Thats bad practice if dropped by named solicitor practice will provide someone else

My wife's solicitor dropped her after several years fighting me for custody of our children, stating (in writing) that the amount of time they were devoting to the case could no longer be justified by the practice. They were being paid by Legal Aid, so maybe it would have been different if MrsCR had been paying them herself, but I don't think so - they also said she was the last Family Law case on their books.

As for paying two sets of fees - unless you have a "no win, no fee" arrangement, it's perfectly reasonable for the first solicitor to invoice you for all the work done to date.

Claw Hammer

Commanchie wrote: »

A solicitor cannot drop a case due to heavy work load. Thats bad practice if dropped by named solicitor practice will provide someone else

What if it is a 1 or 2 person practise? It happens time and again that solicitors will write a few threatening letters and when it looks like there is big litigation in prospect, tell the client to go to a bigger firm.