Ripped of by an incompetent solicitor

[vandermerwe]

Is there anywhere on the forum where I can find advice on defending a claim by a solicitor?

 

After paying several thousands of pounds I finally refused to settle a final account some three years ago, and have today received a court claim.

 

Hope an appropriate site exists. This is nothing to do with third party debt, just the solicitor's own charges.

 

Vandermerwe.

[lookinforinfo]

There is nothing on the site. What makes you think he is overcharging? As there is a case pending, you are entitled to ask them to provide you with a

complete breakdown of how their fees were arrived at, including the ones you have already paid [just to confirm you haven't been double charged].Once you have those details you may have to dig a bit deeper and find out who did the actual work. ie have they been charging you for research

done by the office junior, but charging you at senior partner rates.

[vandermerwe]

Thanks lookinforinfo

 

The basis of my (our) defence will be:

 

a) failing to provide proper professional advice;

 

b) seeking to pass off a trainee solicitor as a one qualified;

 

c) negligence in failing to obtain a costs order in our favour at an aborted

trial.

 

Regards.

 

Vandermerwe

[lookinforinfo]

B is probably the most straightforward defence.

A is much more subjective and five different legal minds may well give you

totally different advice even conflicting advice, but that doesn't necessarily make any of their advice wrong or unprofessional.

On C you may come up against "forensic immunity", as lawyers enjoy a certain amount of immunity for their actions [or inactions] in Court. You might want to read through-http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/1998/1943.html&query=negligence+or+by+or+solicitor&method=boolean

 

But while you are on the site [ie British and Irish Legal Information Institute you might have a look to see

if you can find cases of negligence by solicitors.

[shane5408]

Hi,

 

I would advise you also contact the Solicitors Regulation Authority and the Legal Ombudsman Service

 

Office of the Legal Services Ombudsman for England and Wales (OLSO)

Solicitors Regulation Authority - Home

 

kind regards,

shane

[gwc1000]

Hi.

I had the same scenario. In 1993 I employed a solicitor to represent me in a criminal case. He said it was a fairly straightforward matter and reckoned on the final bill being between £1500-£2000. I paid £2000 up front. We went to Court and I won the criminal case with costs. The Court awarded me with £1500 costs which they pay direct to the solicitor. So, now he has had £3500. Silly me thought that I was about to get some money back from him. The following week I received a bill from him for £5700 minus the £3500 he had already i.e: £2200 outstanding. When I queried this he said there was "unforseen work" and listed lots of hours he claimed he had spent in his office on my case. I refused to pay, so he then took me to Court. The Judge rather annoyed with me said that if a solicitor says he has worked x amount of hours in his office there is no reason not to believe him. So I lost and I had to pay up. I hope you have more luck.

Since then I vowed never to use another solicitor in my life, and any legal work I have needed I have always researched and done myself with 100%positive results.

Good luck!

[Goldlady]

You can ask for their costs to be reassessed - 'taxed' I think it is called. However this will only be based on what they tell the cost assessor and if they say it was the hard work of their senior partner you cannot dispute it.

[sequenci]

Have you contacted these guys?

 

LCS: Legal Complaints Service home

[vandermerwe]

Thanks all round - especially Sequenci.

 

Am considering various options but would appreciate advice as to whether (a) I MUST return acknowledgement of service indicating intention to defend (even though I am attempting to have the claim withdrawn and (b) whether I can approach Legal Complaints Service once a claim has been issued?

 

Regards.

 

Vandermerwe

[djdave]

Give the LCS team a ring, I had occasion to do this last week and found them to be very helpful.

 

0845 608 6565

[GuidoT]

Thanks all round - especially Sequenci.

 

Am considering various options but would appreciate advice as to whether (a) I MUST return acknowledgement of service indicating intention to defend (even though I am attempting to have the claim withdrawn and (b) whether I can approach Legal Complaints Service once a claim has been issued?

 

Regards.

 

Vandermerwe

 

Return the Acknowledgement of service that will give you more time and prevent default judgement after 14 days (but you still need to issue you defence).

 

It is unlikely that you will get the other side to withdraw the claim, unless of course you pay it, then they will issue a notice of discontinuance.

 

I see no reason why you cannot contact LCS even if legal proceedings have been commenced.

[vandermerwe]

Thanks for advice received, but LCS will not look at case as it is more than six months old.

 

No success achieved in trying to reach agreement with solicitor concerned as relevant parties have left (one "not on the best of terms").

 

Is there any way a defendant can approach the small claims court and request a postponement on health grounds?

 

My wife is co-defendant is still suffering from the effects of a series of strokes.

 

As our main defence is we were charged partner rates whilst all work was handled by a trainee solicitor is there any body (OFT??) that would look into the matter and not be constrained by the six month rule?

 

Is there any mileage for us in that the 'pay up or we sue' letter was sent some two years before the summons was issued?

 

As can be imagined, I feel at a bit of a disadvantage having to argue with a solicitor in court totally unrepresented?

 

It's Hereford County Court by the way in case there are any 'buddies' around.

 

Van

[JonCris]

You can still S.A.R - (Subject Access Request) them & below is the letter

 

Date:

YOUR REF:

OUR REF: Special Delivery

SAR (Subject Access Request) Data Protection Act (Data Protection Act) 1998

Their Name & Address

 

Your Name & Address

Dear Madam or Sir:

RE: YOUR CLIENT

As per the DPA 1998 (Date Protection Act) I require that you supply me with any and all data in your possession which, in anyway appertains to myself including copies of hourly charging rate any contemporaneous notes showing hours recorded together with the full name, status by way of experience of the employee(s) acting. Copies of all internal and external correspondence, memo’s, telephone attendance notes, internal and external emails and for which you are charging a fee

I enclose the statutory fee of £10 by way of a postal order and remind you that you have a period specified in law in which to comply

Also please note that for the avoidance of doubt and to expedite matters if you claim exemptions from the Data Protection Act under part IV section 35 I would respectfully remind you of the following:

Data Protection Act part IV section 35 (2) states "personal data is exempt from the non-disclosure provisions" In addition Part II section 7 (legal guidance notes) "There are no exemptions from the right of access where civil legal proceedings are contemplated or ongoing"

I await your responses

Yours faithfully

CC To all parties

 

 

Ask the court for a 'continuence' on the grounds of your wifes ill health but you will either have to state you her carer & can't leave her or that she is a vital witness to your case & is unable to attend.

Either way you should also produce a doctors note to that effect

[JonCris]

Go back to the authories & tell them that you tried to resolve this matter with the law firm but as the person you dealt with has left then you require them to set any such rule aside and investigate your claim

[vandermerwe]

You've all been very helpful, fellow CAGgers, but at the end of the day, my wife and I were well and truly stitched up.

 

All attempts to have my wife removed as co-defendant failed, and a newly qualified solicitor appointed to handle the case ignored them all. The last working day before the hearing she offered a 20% discount to "save the court's time" but still insisted my wife was party.

 

Now my dearly beloved didn't live and bring up children in Africa for 30 years to be pushed around by some little strumpet and so, armed with a letter from her doctor, saying she should not be there, she pitched.

 

What a farce!

 

Not entirely unexpected, as I had read and re-read a book on 'small claims' procedures which had caused some anxieties, and it is obvious Britain now adopts the EU inquisitorial system in the small claims courts.

 

I was not allowed to ask the claimant any questions. Everything had to be directed via the deputy district judge (who did not even bother to read the letter from my wife's doctor) and who totally ignored glaring anomalies in the claimant's case.

 

This, incidentally, comprised a huge ring binder ensconced with their firm's logo and stated the defendant's letter of xx was not received, but a copy of it was enclosed in their bundle!

 

Obviously we lost and are now in fear of losing our home.

 

The thought of Pontius Pilate on the steps of the Forum is not far from mind.

 

Sorry, JonCris, I saw your suggestion just too late - I suppose it's too late now?

 

Vandermerwe

[crash3903]

thought the law society dealt with matters of over charging

[vandermerwe]

So did I Crash - but it appears they will only do so if you complain within six months!

 

Regards

 

Vandermerwe