solicitor and fees and compensation

Hannaho

My solicitor advised us to take our renovation prject claim for compensation to the High Court, though I wanted to go to Circuit Court. Costs to date are 72k- the insuracance cmpany is thinking of giving money for stress, but not sure - I was really ill with all the stress, came out in excema, got IBS, couldn't sleep etc. My solicitor never gave me a S.68 letter. He said he was talking the case on no foal no fee basis but wouldn't put it in writing. I have 21 emials asking him to confirm this, and to confirm his fees, and asking him, that as we discussed, my compensaiton was net of any fees. He still has not replied to the fee question, and dodges it in every email. I am worried now. Will compensation cheque be made out directly to me? I am worrried he will delay handing over cheque. What usually happens in these siutations?

Markcheese

You could always sue him for the stress caused...

Hannaho

Marchese - I have enough of solicitors to last me the rest of my life! I don't know how some people seem to enjoy litigaiton!

sexmag

I was under the impression that no goal no fee basis where illegal? Also a solicitor cant work out costs based on a percentage of any awards to you.

Get them to put in writing what their fees are or you'll be taking your business elsewhere

Hannaho

Unfortunately, I can't take my business elsewhere, as we are at settlemnt stage - just waiting for insurance company to approve last few invoices. I have sent 21 emails re fees, but no outling of same, asked in 6 of those, if my award will be net of fees - but no answer. Worried that he won't forward compensaiton cheque.

4ensic15

The compensation cheque will be made out to the solicitor. Is it an all in settlement or a settlement plus costs?

Marcusm

This is the Law Society’s instructions to solicitors with respect to settlements and charges.

Section 68(3), (4) and (5) – dealing with the client’s award or settlement in litigation cases

Do:

Ask the client if they are agreeable to any outstanding costs being deducted from their award or settlement.
Get the client’s written authority to make the deduction.
Explain that any moneys that the solicitor, with the client’s authority, formally undertook to pay to another party out of the proceeds of an award or settlement must be paid out, even if the client changes their mind when the award or settlement comes in.
Don’t:

Don’t make a unilateral deduction from the client’s award or settlement in a litigation or other contentious matter without the client’s written consent.

Hannaho

It was supposed to be a settlement plus costs - after 6 emails asking him to clarify this - I finally got confirmation last night that this is the case. He told me initially that the cheque would be made out to me. If the cheque is made out to him, I could be months waiting to get it.

4ensic15

If it is made out to him you won't get it. His fees will go up to the value of the cheque and he will keep it.

Hannaho

4Sensic - in that case I wil be contacting the Law Society!!