Are you entitled to know under GDPR what your solicitor charges the opposing side?

Chevy RV

Hello All,


I am wondering if you are entitled to know under GDPR what your solicitor charges the opposite side in your personal injuries case that they won on a no foal,no fee basis?

Your help would be appreciated.


Regards,


Chevy RV

Stanford

Solicitors cannot operate on a no foal-no fee basis

Chevy RV

Well they hardly waited 4 years + to get paid in case they lost?

How do you think they were paid so?


Do they not bill the losing side with their costs now that the case has been settled in our favour?


Regards,


Chevy RV

Stanford

Are you saying your Solicitor agreed that they would not be paid if the case was lost?

Chevy RV

Effectivey, Yes as I would not have been in a position to pay their fees otherwise.

Stanford

Did they agree from the start or are you assuming that?

Chevy RV

That was the agreement from the start but what has that got to do with my original question - can i ask them what they charged the opposing side for taking my case?

Stanford

You can ask what you like but they have no obligation to tell you, in any event they acted illegally so see how far that gets you if you complain to the Law Society

Chevy RV

You say"no obligation to tell you " eventhough my name and details would be on their invoice? Does GDPR no cover that - that is my question?

Stanford

In my view no

Stanford

Accounting for monies
At the conclusion of any matter a solicitor should account to the client for monies
received on the client’s behalf, setting out details of all charges and outlays incurred

un5byh7sqpd2x0

If you lost, why would the “winning” side be paying your legal bill?!

Stanford

Karla Handsome Voltage wrote: »

If you lost, why would the “winning” side be paying your legal bill?!

He didn't lose, read his posts

Stanford

Have you formally written to your Solicitor asking for the information you require?

un5byh7sqpd2x0

Stanford wrote: »

He didn't lose, read his posts

Ah, well the still didn’t charge the opposing side. They took their fee from whatever you won. I’d say yes, you’ve a right to know but that should have been known from the start.

Creamy Goodness

No, people seem to think GDPR is this wonderful, magical thing that can get you all kinds of data that you think you're entitled to. They can give you the invoice but they'll be well within their rights to redact any information that is not relevant to your personal data.

C3PO

Surely you agreed at the start what % your solicitor would be charging or what his scale would be?

Chevy RV

No, it was all very simple idea - no foal,no fee - sign here!

I wouldn't have had to pay fees if i lost.

I am just wondering if i can be privy to what they made out of the case, that's all.

I thought your solicitor acting on your behalf would have had to disclose to you what their fee was either under GDPR or even as your agent?

Your legal brains will no doubt set me straight on my misapprehension.:D

Regards,


Chevy RV

Creamy Goodness

Chevy RV wrote: »

No, it was all very simple idea - no foal,no fee - sign here!

I wouldn't have had to pay fees if i lost.

I am just wondering if i can be privy to what they made out of the case, that's all.

I thought your solicitor acting on your behalf would have had to disclose to you what their fee was either under GDPR or even as your agent?

Your legal brains will no doubt set me straight on my misapprehension.:D

Regards,


Chevy RV

Their fee is in no way personally identifiable information and thus you have zero right to knowing it under GDPR.

Peregrinus

But possibly you have a right to know it under the solicitors' accounts rules. Are they charging you anything extra, over and above what they get from the other side? I think yhou have a right, if you seek it, to an itemised account which will show what they are charging and how that charge is calculated, what they are getting from other side and what balance remains due from you.

Robbo

Creamy Goodness wrote: »

Their fee is in no way personally identifiable information and thus you have zero right to knowing it under GDPR.

When you think about things in terms of personal data, rather than the cursed American confection of "personally identifiable information", you can reach a different conclusion.

Chevy RV

Chevy RV wrote: »

No, it was all very simple idea - no foal,no fee - sign here!

I wouldn't have had to pay fees if i lost.

I am just wondering if i can be privy to what they made out of the case, that's all.

I thought your solicitor acting on your behalf would have had to disclose to you what their fee was either under GDPR or even as your agent?

Your legal brains will no doubt set me straight on my misapprehension.:D

Regards,


Chevy RV

Why?

Why would data protection mean that yo are now entitled to know what your solicitor made in profits?

Or what enother party paid them?

This is such a backwards view of the whole thing.

Stanford

Stanford wrote: »

Solicitors cannot operate on a no foal-no fee basis

Hundreds do so every single day. It's a common personal injuries method.

Victor

Niner leprauchan wrote: »

Why would data protection mean that yo are now entitled to know what your solicitor made in profits?

The business's income is not the same as the business's profits. I would sincerely hope that any solicitor has more than one client per year, so it would only be part of the business's profits.

Chevy RV

Niner leprauchan wrote: »

Why?

Why would data protection mean that yo are now entitled to know what your solicitor made in profits?

Or what enother party paid them?

This is such a backwards view of the whole thing.

Why do you say that?

There is a very good reason for wanting to know what they charged on my behalf

Claw Hammer

Chevy RV wrote: »

Why do you say that?

There is a very good reason for wanting to know what they charged on my behalf

You have a right as the client of a solicitor to a copy of your file. If your solicitor is charging you over and above what he recovered from the other side there are big issues involved.

Lenar3556

OP, are you aware of what the total award/settlement amount is? Have you accepted it? Was this settlement reached on the basis that that all of the solicitors fees were to be discharged in full by the other side?

Claw Hammer

Lenar3556 wrote: »

OP, are you aware of what the total award/settlement amount is? Have you accepted it? Was this settlement reached on the basis that that all of the solicitors fees were to be discharged in full by the other side?

It would be impossible for the o/p not to know the amount of the settlement since he would have to approve it. It would be either on an all in basis, olr on the basis of taxed costs. It may well happen that there would be cost elements which would not be recoverable from the other side. The costs of the PIAB application, for example.
There are 2 issues. What was the basis of the settlement with the other side and what was the o/ps agreement with his solicitor regarding fees.

Chevy RV

Chevy RV wrote: »

Why do you say that?

There is a very good reason for wanting to know what they charged on my behalf

Bit they didn't did they? Are they acting as a middle man in your business?

They got you a settlement that you accepted, the bill is between them and a third party. That's my understanding of it. I don't see how that falls within your right to your personal data.

Chevy RV

Lenar3556 wrote: »

OP, are you aware of what the total award/settlement amount is? Have you accepted it? Was this settlement reached on the basis that that all of the solicitors fees were to be discharged in full by the other side?[/QUOTE

The answers are Yes/Yes/Not sure on the last one

Chevy RV

Claw Hammer wrote: »

It would be impossible for the o/p not to know the amount of the settlement since he would have to approve it. It would be either on an all in basis, olr on the basis of taxed costs. It may well happen that there would be cost elements which would not be recoverable from the other side. The costs of the PIAB application, for example.
There are 2 issues. What was the basis of the settlement with the other side and what was the o/ps agreement with his solicitor regarding fees.

What is the story with finding out the fees using both of the underlined methods ?

Lenar3556

Claw Hammer wrote: »

It would be impossible for the o/p not to know the amount of the settlement since he would have to approve it. It would be either on an all in basis, olr on the basis of taxed costs. It may well happen that there would be cost elements which would not be recoverable from the other side. The costs of the PIAB application, for example.
There are 2 issues. What was the basis of the settlement with the other side and what was the o/ps agreement with his solicitor regarding fees.

Well these are some of the issues I’m probing - since there is some uncertainty.

Lenar3556

Chevy RV wrote: »

What is the story with finding out the fees using both of the underlined methods ?

Perhaps discuss the matter again with your solicitor, and establish the position on costs.
Ideally the terms surrounding this should be more firmly agreed at the outset.

All in all are you happy with the outcome, or have you some concerns?

You are entitled to your personal data. How does what someone else is charged become your personal data?

Claw Hammer

Lenar3556 wrote: »

Well these are some of the issues I’m probing - since there is some uncertainty.

You are entitled to a Statement of Account from your solicitor. It seems that your solicitor is giving you less than the sum recovered in damages.