Senior Counsel no return calls for 6 weeks??

Hannaho

We're trying to set up a settlement meeting at the moment. Everything is in place for a settlement, and the Senior Counsel said last week in February or 1st week in March. However, my solicitor has been trying to contact him for the last 3 weeks. He said he made about 20 calls to the Senior Counsel's Secretary, but no return calls, so he cannot give me a date for the settlement meeting. What is going on here? I need the compensation money back for college fees for my daughter.

Mr. Incognito

Ask your solicitor to get in touch with the Junior and have the Junior chase him and set up the meeting.

Hannaho

Sorry, menat to say 6 weeks in text above. Thanks for your reply. Do you think the Junior Counsel wold have any moe luck with getting him to reply. Is this normal for Senior Counsel's? He seemed quick enought to reply initially to get the work, but then after first meeting tailed off. Our Senior Cousel knows the Senior Counsel on the other side very well, and the other side has done everything to delay the Court process - I wanted if the Senior Counsle had second thoughts about taking the case because of this, but didn't want to say this after initial meeting.

NUTLEY BOY

A threat to withdraw instructions from the SC and retain someone else tends to focus attention quite rapidly. You should actually give your solicitor a formal instruction to that effect. If SC returns the papers you get someone else as they are in plentiful supply.

breda1970

I always wondered what happened when the barrister on apposing sides are very good friends and have worked on cases together in the past...
Are they in the mind or have a mutual agreement,”as long as we both get our fee,just move on to the next case..

L1011

breda1970 wrote: »

I always wondered what happened when the barrister on apposing sides are very good friends and have worked on cases together in the past...
Are they in the mind or have a mutual agreement,”as long as we both get our fee,just move on to the next case..

I would imagine that in some cases, being able to tear shreds off your golfing buddy would be quite valuable for professional whatver-euphemism-for-banter purposes, and as they are usually on time based fees there's no need to hurry stuff up

hullaballoo

Barristers very very infrequently charge a fee based on time, certainly not time alone anyway. It might be a factor in the overall consideration of fees but it's not based on time.

breda1970

hullaballoo wrote: »

Barristers very very infrequently charge a fee based on time, certainly not time alone anyway. It might be a factor in the overall consideration of fees but it's not based on time.

All the more reason if they can sort it out themselfs with out a full blown day out in court...and move on to there next case.

4ensic15

Hannaho wrote: »

We're trying to set up a settlement meeting at the moment. Everything is in place for a settlement, and the Senior Counsel said last week in February or 1st week in March. However, my solicitor has been trying to contact him for the last 3 weeks. He said he made about 20 calls to the Senior Counsel's Secretary, but no return calls, so he cannot give me a date for the settlement meeting. What is going on here? I need the compensation money back for college fees for my daughter.

I see that you have recently brought a motion for judgement in default of defence. How could you be near settlement?

Hannaho

We brought 3 motions for judgement in default - the last one they said they would have their Defence in 6 weeks, but eventually said they could not produce a Defence, and wanted to settle without going any further.

NUTLEY BOY

4ensic15 wrote: »

I see that you have recently brought a motion for judgement in default of defence. How could you be near settlement?

Pressing on with the pleadings is not inconsistent with being ready to settle if the plaintiff is ready.

Closing the pleadings asap then enables you to get the case listed for hearing. You don't want to be losing time in closing pleadings if the defendants don't settle with you.

4ensic15

Hannaho wrote: »

We brought 3 motions for judgement in default - the last one they said they would have their Defence in 6 weeks, but eventually said they could not produce a Defence, and wanted to settle without going any further.

Sounds like BS.

Mod
On this forum be polite, pls

4ensic15

NUTLEY BOY wrote: »

Pressing on with the pleadings is not inconsistent with being ready to settle if the plaintiff is ready.

Closing the pleadings asap then enables you to get the case listed for hearing. You don't want to be losing time in closing pleadings if the defendants don't settle with you.

The o/p is the Plaintiff. If a defendant won't even deliver a defence why would he be getting out his chequebook?

Hannaho

The other side - the Defendants have asked for a settlement meeting in early Jan. We posponed it as needed to consult with Senior Counsel first, but Senior Counsel won't reply.

joeguevara

Hannaho wrote: »

The other side - the Defendants have asked for a settlement meeting in early Jan. We posponed it as needed to consult with Senior Counsel first, but Senior Counsel won't reply.

Senior is the farthest point of this chain. If he is not answering then request solicitor and junior either get him to respond or he is replaced. If they can’t do that then demand a new senior.

If that doesn’t work, replace junior who will get a new senior.

If that doesn’t work, replace solicitor and get a new junior and senior.

Never let them dictate how your trial is run. One thing though is that maybe as you are plaintiffs and nothing has happened the solicitor is not pushing this. In all likelihood once things start moving with defense you will here more. No point racking up bills for nothing.

NUTLEY BOY

joeguevara wrote: »

Senior is the farthest point of this chain. If he is not answering then request solicitor and junior either get him to respond or he is replaced. If they can’t do that then demand a new senior.

If that doesn’t work, replace junior who will get a new senior.

If that doesn’t work, replace solicitor and get a new junior and senior.

Never let them dictate how your trial is run. One thing though is that maybe as you are plaintiffs and nothing has happened the solicitor is not pushing this. In all likelihood once things start moving with defense you will here more. No point racking up bills for nothing.

If the junior is adequately up to snuff for the issues involved they may be perfectly good enough to conduct negotiations. I have dealt with cases over the years where a competent and well experienced junior delivered a very effective service with excellent results and without the need to be led by a silk.

Ultimately, it is OP's solicitor who should guide the client on this specific point as they - the solicitors - are likely as not the ones who decided whom to brief.

Hannaho

Thanks all for the advice. The Senior Counsel is still not returning calls. My solicitor is refusing to get another SC. The Soliciotr won't move anything until this SC gets back to him. Interestingly, it was not him who chose the SC, but me, based on the fact that he specialised in the area of construction law law that I need. The SC was supposed to recommend a valuer to determine diminuition in value of my house, and to say the scope of the vlaution, and to give us the name of same, but hasn't made contact in nearly seven weeks, with name of valuer or scope of practice of valaution report. I have gone and gotten my own red book valuation done, but solicitor not happy with this, and refused to call a settlement meeting until he hears from SC. In one email the solicitor told me yesterday that he had talked to the SC, and the following email said he hadn't!He told me the SC is now running the case. I said I am the Client, and it is me, following advice from them, who is running the case. What is this all about?? Is this 'normal' in legal proceedings. I feel the solicitor has a dose of very strange barrister adoration, or thinks they are in some way infallible - I don't to pedestals or adoraiton of people at all - so I am totally bemused and annoyed.

joeguevara

NUTLEY BOY wrote: »

If the junior is adequately up to snuff for the issues involved they may be perfectly good enough to conduct negotiations. I have dealt with cases over the years where a competent and well experienced junior delivered a very effective service with excellent results and without the need to be led by a silk.

Ultimately, it is OP's solicitor who should guide the client on this specific point as they - the solicitors - are likely as not the ones who decided whom to brief.

A junior is completely competent and skilled to take most cases. A senior is needed for complex cases or for just having a senior makes it more authoritative.

Op it is not up to you to ring the senior and would be rare if they responded to your calls. Now it is not what would normally happen in business where the client would expect calls to be returned because he who pays. The piper calls the tune. But court etiquette is not normal business. The Senior normally only speaks to the instructing junior or the solicitor. However it would appear that your solicitor doesn’t have a working relationship with the senior and may have their nose out of joint because their regular go to SC was overlooked. Your point of contact is the solicitor. Outline what you want and the timeframe (be reasonable) of when you want it. If the solicitor cannot action that then it maybe time to change solicitor.

But as my previous advice states the barristers and solicitor are experts in this. They probably have run 100s or even 1000s of similar cases where in all likelihood this is your first. You may want it to go in a particular way but it mightn’t be the correct way.

I would advise a meeting with your legal team. Explain your concerns and agree a communication policy. Ask advice but explain your feelings. I will conclude that a SC while may be authoritative would rarely be involve before negotiations and/or in court. You may be disgusted that this is the case based on their fees but their role is to rubber stamp the juniors work or add the finesse and then step in at negotiation or trial stage. Best of luck.

Hannaho

Thanks Joeguevara for your reply. Still no reply from Senior Cousel. The othe rside have wanted a settlement meeting since early Jan. I have offered several dates to my solicitor - actually 18 dates between January and April that i would be available for a settlement meeting with the other - but he still has not made contact with the other side to arrange a date - though he says they are eager to settle. Solicitor is aware that I would like the money back before beginning of May, as that is the deadlien for my son's grind school fees for 6th year, or if not, then I would like to know as soon as possible if no agreement. Initially, Solicitor said I would get up to 200k, now stating that I won't get even the devaluatio on our house - that is 80k - just the remedial work costs - the remedial work has been done, but house has still been valued at 80k less due to it's history. The SC did not reply to calls for so long that I got my own red bood valuer - he was supposed to have given the name of some 'great' valuer! I'm really annoyed with my solicitor right now, as well as barrister. I said not to contact me unless he had a date for settlement meeting. Stated that I wanted devluation amount plus remedial work costs. I have no clue what's happening hear - can't read these legal situaitons, so if anyone has any comments on it, that would be very helpful.

nuac

Mod
Hannaho, I have sympathy for your position.
Just a suggestion for now - it is easier to read and comprehend a series of paragraphs rather than a solid wall of text,

BattleCorp

Hannaho wrote: »

Thanks Joeguevara for your reply. Still no reply from Senior Cousel. The othe rside have wanted a settlement meeting since early Jan. I have offered several dates to my solicitor - actually 18 dates between January and April that i would be available for a settlement meeting with the other - but he still has not made contact with the other side to arrange a date - though he says they are eager to settle. Solicitor is aware that I would like the money back before beginning of May, as that is the deadlien for my son's grind school fees for 6th year, or if not, then I would like to know as soon as possible if no agreement. Initially, Solicitor said I would get up to 200k, now stating that I won't get even the devaluatio on our house - that is 80k - just the remedial work costs - the remedial work has been done, but house has still been valued at 80k less due to it's history. The SC did not reply to calls for so long that I got my own red bood valuer - he was supposed to have given the name of some 'great' valuer! I'm really annoyed with my solicitor right now, as well as barrister. I said not to contact me unless he had a date for settlement meeting. Stated that I wanted devluation amount plus remedial work costs. I have no clue what's happening hear - can't read these legal situaitons, so if anyone has any comments on it, that would be very helpful.

You'd want to hope that the defendants don't know that you are anxious to settle by a certain date. If they know you need money for college fees, they will offer less in the hope that you will accept it out of desperation.

Hannaho

Hi! Thanks for advice, but don't need the money urgently now, as have told my son that he won't be going to the grind school next year, as it is taking longer than we thought to get money back. Concerningly, my solicitor has not come back to me with a date for settlement - he was given a total of 18 dates up until end March. He didn't reply to my recent correspondene asking him not to revert to me until he had a settlement date. So I take it I am not going to hear from him now. I don't know what all this means, or why he is continually refusing to set up a settlement date, though the other side has continually been requesting us to do so. Can you let me know what this means?

BattleCorp

Hannaho wrote: »

Hi! Thanks for advice, but don't need the money urgently now, as have told my son that he won't be going to the grind school next year, as it is taking longer than we thought to get money back. Concerningly, my solicitor has not come back to me with a date for settlement - he was given a total of 18 dates up until end March. He didn't reply to my recent correspondene asking him not to revert to me until he had a settlement date. So I take it I am not going to hear from him now. I don't know what all this means, or why he is continually refusing to set up a settlement date, though the other side has continually been requesting us to do so. Can you let me know what this means?

Out of curiosity, how do you know the other side have continually been asking to set up a settlement meeting? Surely you have no contact with the other side? Does all contact between them and you not go through your solicitor?

GavMan

Change your representation. Simple as that at this point

Hannaho

Hi! Battlecorp - The other side wanted to settle the week before Christmas, and just told me a couple of days beforehand but I couldn't makae it. I have offered my solicitor 18 dates that I amavailable to meet since then, but he has not arranged a meeting. In every letter he has written he has told me that the other side are a nxious to settle, but despite me asking him so many times to arrage a settlement meeting he hasn't done so. One of the reasons he gave was that the Senior Counsel said he would give us the name of a valuer who the insurance companies were 'scared of' - it felt like schoolyard bullying stuff to me!

In 7 weeks despite repeated calls to the SC from my solicitor, or so I was told, he never gave the name of this valuer, so I eventually got a red book valuaiton done myself. My solicitor and barrister toldl me before Christmas that I could only recoup the cost of remedial work on our house which was 80k, and not the devaluaiotn which has been estimated at 60k, despite the remedial work. They then said they would not be adocaing for me to get the 60k devaluaito back, and I argued tht I wanted this back. I asked for the Junior Counsel, who I think is good, to represent me at the settlement meeting, but was told no. No correspondence now at all from solicitor. I thought Solicitors want to get paid as soon as possible, but it seems not!