How to deal with a lawyer, advice please?

Dont call me Shirley · 20-01-2013 12:34AM #1

Before I start I'm looking for the layman's perspective, I don't want to post in the legal forum because I think i'll just get the lawyers perspective but mods feel free to move if you see fit.

I'm in a bit of a tricky legal situation at present. I wanted to take a court case against somebody. I went to a lawyer and explained my case. I told them I had no money (which I don't). They said your case is very strong, pay us when its over and if at any time we think you're case is weak, it's money up front. (I think this is a fairly standard agreement for lawyers).

I said grand. Anyway the situation drags on for a year or so and my lawyer says we better get the advice of a senior counsel. Off we trot and the senior counsel says your case isn't so strong there's a legal technicality the other side can exploit. They also said there's a good chance the other side will want to settle to avoid bad publicity. I said i was willing to go ahead so long as the lawyer was willing to take the case without money up front.

Grand. Turns out the lawyer went ahead and took the case anyway and is now looking for 18k costs upfront. Plus, I might now have to pay the other sides costs if i want to back out. I told the lawyer i didn't give you instruction to take the case, the lawyer says i did and it looks like the senior counsel is backing their story.

What should i do? I went to a free legal advice center and they said offer to pay for a consultation and the senior counsel's opinion, tell them to piss off after this and hope the other side don't come after you for their costs. While I want to be fair, I'm loathe to pay anyone who I know to be lying.

So here's my question, do I stand a chance of legally avoiding paying if it's my word against the lawyer and a senior counsel. Would anyone believe me against them? Alternatively, what if i just outright refuse to pay, what happens then?

admiralofthefleet · 20-01-2013 12:36AM

Shirley you cant be serious?

Pottler · 20-01-2013 12:36AM

Lube up, Shirley. What you need now is a good lawyer.

Chucken · 20-01-2013 12:37AM

Why didnt you go to legal aid first??

COYVB · 20-01-2013 12:38AM

Always get everything in writing

Dont call me Shirley · 20-01-2013 12:39AM

Chucken wrote: »

Why didnt you go to legal aid first??

It's a free legal advice centre i went to their different from legal aid.

Legal aid wouldn't cover the particular case I wanted to take even though ironically i might be covered if my lawyers try now to sue me!

Lenin Skynard · 20-01-2013 12:39AM

I think you should make a cup of tea. That'll be 18k please.

MagicMarker · 20-01-2013 12:40AM

Sucks to be you.

Dont call me Shirley · 20-01-2013 12:40AM

Lenin Skynard wrote: »

I think you should make a cup of tea. That'll be 18k please.

Hmmm sounds familiar, are you my lawyer?

cml387 · 20-01-2013 12:41AM

You heard the words "senior council" and did not associate it with the sound "ker-ching!"?

doomed · 20-01-2013 12:41AM

Forget the rights and wrongs. Tell them you havent a bean and the only reason the case has proceeded is because of that. They may not be happy but they are well used to writing money off when its more hassle than its worth. You are not worth suing.

Dont call me Shirley · 20-01-2013 12:43AM

cml387 wrote: »

You heard the words "senior council" and did not associate it with the sound "ker-ching!"?

Actually the senior counsel is only a fairly small % of the overall fee and they did at least tell me my case is weak. I'd have no problem paying them (eventually), only their backing my lawyer on the other side of it and lying!

Dont call me Shirley · 20-01-2013 12:47AM

doomed wrote: »

Forget the rights and wrongs. Tell them you havent a bean and the only reason the case has proceeded is because of that. They may not be happy but they are well used to writing money off when its more hassle than its worth. You are not worth suing.

Yes I don't have a penny. The legal advice crowd said i should try to pay the senior counsel because (in so many words) those ****ers are in court every day and will sue you with the slightest provocation.

I don't want to pay them knowing their lying. What i'd like to do (As a last resort) is wait for them to sue me, pay them a small amount, stop, wait for them to sue me again, pay a small amount, stop and so on.

I believe this is what people often do to avoid debt. My worry is that they will keep charging me legal fees every time and the sum owed will increase and increase, does it work like this?

Chucken · 20-01-2013 12:48AM

Right, enough of this legalese..tell us what the case is about :cool:

Trend Setter in Training · 20-01-2013 12:49AM

doomed wrote: »

Forget the rights and wrongs. Tell them you havent a bean and the only reason the case has proceeded is because of that. They may not be happy but they are well used to writing money off when its more hassle than its worth. You are not worth suing.

I would agree with the above and play dumb on the fee, cross your fingers and hope they don't come after you.

Don't see a happy ending for you TBH.

gbee · 20-01-2013 12:50AM

Go to court, have your day.

Even if you lose, appeal, be prepared to go to jail, jail holds no fear, but they think it does, it's only money and the justice is as likely to tell them to get stuffed.

Lenin Skynard · 20-01-2013 12:51AM

Dont call me Shirley wrote: »

Hmmm sounds familiar, are you my lawyer?

I surely am.

xLexie · 20-01-2013 12:52AM

That's what happens when all you can see is dolla signs flashing before you. Hate the "lets sue everyone" culture, too bad that it's turned back on you

squod · 20-01-2013 12:53AM

This is a classic case of trying to fight fire with fire. Y'know what beats fire? Two broken legs.

cml387 · 20-01-2013 12:55AM

Is your lawyer called Vinnie perchance?

I'm with Chucken on this one. Need more details.
If we get details (preferably juicy details with photos) we might have some idea of your chances because I have to be honest, at the minute you are sitting in Screwed Corne.r

Dont call me Shirley · 20-01-2013 12:56AM

Trend Setter in Training wrote: »

I would agree with the above and play dumb on the fee, cross your fingers and hope they don't come after you.

Don't see a happy ending for you TBH.

Ya I'm not sure i do either but gotta keep trying.

I'm just worried that they'll try to sue me because basically their profession is quiet and they've nothing else much better to be doing.

What I'm hoping goes in my favor is that it looks bad for them to sue me. Their basically saying they took a major case on behalf of someone unemployed without any agreement on payment, which I think doesn't make sense, no matter how many of them are backing it up.

Plus they sat on my case for a year without getting the proper opinion, again doesn't look good.

Plus, they didn't provide me with the letter on how much they were charging until six months in. They're supposed to tell you straight up.

They're supposedly a pretty big reputable firm, so does any of this stuff work in my favour?

galwayrush · 20-01-2013 12:56AM

Make sure to transfer any assets you may have to wife/ family member you trust and go bankrupt in the UK, looks like you're ****ed otherwise unless you win the case and the losing party pays up.

Doc Ruby · 20-01-2013 12:57AM

Help, master, help! here's a fish hangs in the net,
like a poor man's right in the law.

(Pericles, 2.1.153), Fisherman

Dont call me Shirley · 20-01-2013 12:58AM

xLexie wrote: »

That's what happens when all you can see is dolla signs flashing before you. Hate the "lets sue everyone" culture, too bad that it's turned back on you

Where are you getting this from. I don't want to go into the details of my case but the senior counsels opinion was that they would hide behind a technicality, not that i hadn't been wronged.

Pottler · 20-01-2013 12:58AM

Head to Iceland, jump into one of the freezers thrash about and start eating your own shyte. Have a friend video it. Act natural but disturbed. Then, when they haul your a55 into their chamber of buggery(ie court), plead insanity and show the video. No judge in the land would disbelieve you.

You now have a plan, thank me later.

I'm no lawyer, so don't quote me on any of this shyte. especially the eating it bit...

cml387 · 20-01-2013 12:59AM

"Battledore and shuttlecock's a very good game, when you ain't the shuttlecock and two lawyers the battledores, in which case it gets too excitin' to be pleasant."

Charles Dickens, the Pickwick Papers.

gbee · 20-01-2013 01:00AM

Dont call me Shirley wrote: »

Plus they sat on my case for a year without getting the proper opinion, again doesn't look good.

Caveat: All cases are different: In my case the judge took a VERY dim view of this and ordered them to do the decent thing [ie settle].

opti0nal · 20-01-2013 01:00AM

Solicitors are obliged to tell you how much they cost per hour and to provide details of work to be done and how much it will cost. Also, they must give a breakdown of work done for you.

I'm surprised they'd run up a bill for 18k and exposed you to liability risk without getting your explicit permission.

Ask for full details in writing.

The Law Society can investigate if there is any improper behaviour. Have a look at their website.

Trend Setter in Training · 20-01-2013 01:01AM

Dont call me Shirley wrote: »

Ya I'm not sure i do either but gotta keep trying.

I'm just worried that they'll try to sue me because basically their profession is quiet and they've nothing else much better to be doing.

What I'm hoping goes in my favor is that it looks bad for them to sue me. Their basically saying they took a major case on behalf of someone unemployed without any agreement on payment, which I think doesn't make sense, no matter how many of them are backing it up.

Plus they sat on my case for a year without getting the proper opinion, again doesn't look good.

Plus, they didn't provide me with the letter on how much they were charging until six months in. They're supposed to tell you straight up.

They're supposedly a pretty big reputable firm, so does any of this stuff work in my favour?

Bottom line is that if you don't have any cash / assets then they could throw the book at you and not recover any money. Along with wasting time and billable hours that could have been spent elsewhere they would end up at them same result.

You may have been treated unfairly but unless you are willing to get money and fight them or find a reputable (ha), decent (ha) lawyer to fight your case for a no win no fee basis you are caught between a rock and a hard place.

Good Luck!

Dont call me Shirley · 20-01-2013 01:04AM

galwayrush wrote: »

Make sure to transfer any assets you may have to wife/ family member you trust and go bankrupt in the UK, looks like you're ****ed otherwise unless you win the case and the losing party pays up.

Well as of now i've no assets. My concern is that it'll go against future earnings. I'm hoping to start a new career soon which should be reasonable well paid.

I can't go ahead and take the case because i just don't have the money to do so. I no longer trust my lawyer and i'd have to pay up with them to take the case to another lawyer. I think the reason my lawyer did what they did was to try to maximize their chances of getting paid, i'd have to come up with something to continue the case plus the likelihood the other side would settle.

tempura · 20-01-2013 01:09AM

opti0nal wrote: »

Solicitors are obliged to tell you how much they cost per hour and to provide details of work to be done and how much it will cost. Also, they must give a breakdown of work done for you.

I'm surprised they'd run up a bill for 18k and exposed you to liability risk without getting your explicit permission.

Ask for full details in writing.

The Law Society can investigate if there is any improper behaviour. Have a look at their website.

The above is correct.

More importantly, did you sign anything, and I mean anything, and if so, did you read it, small print and all. A good lawyer should give you the breakdown of everything and explain all paperwork in full before you give any permission.

How to deal with a lawyer, advice please?

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