SOLICITORS AND OVERCHARGING

Kevin's Blog

I received instructions yesterday from a client whose story reads like something from a particularly gruesome John Grisham novel.

His marriage got into difficulties and he instructed a firm of solicitors who ran a relatively straightforward divorce case. One of the terms of the court order was that the family home was to be sold and it was subsequently successfully sold and then the problems began. My client had not discussed fees with his solicitors because as he said to me, he regarded the solicitor almost as a friend rather than as a solicitor and he trusted him. Around the same time he received a very serious injury at work and was in very considerable pain for several years. He is no longer able to work although he remains a young man. 

When he received his cheque from the sale of the house, he was told that the solicitor had taken legal fees to cover the divorce and the conveyancing fees and the client thought the figures involved seemed extremely high and he looked for an invoice. No invoice was forthcoming and was not forthcoming for 8 years. When he handed me the invoice, I saw that the fee for the divorce was €25,000. The barrister’s fees were just over €3,000. When I asked did he receive a breakdown of the work completed by the solicitor, he said he did and he pointed to the description on the invoice which said “professional services rendered”. That was it. Nothing else. 

Following the divorce hearing, there were other small applications to court where my client applied to have the maintenance order varied because he was no longer working. One of these interim applications was handled by a barrister, who charged €1,600 and the solicitor charged €4,000. The description of his work was “professional services rendered”. 

This was only the beginning of his nightmare and I will not go into detail concerning his litigation claim and the manner in which that case settled and the costs he incurred. 

The only thing I want to emphasise in this note is that if a solicitor sends you a bill for €100, you are entitled to know precisely what work was completed. You are entitled to insist that prior to the solicitor being paid, you receive an invoice giving a detailed breakdown of all work completed and if you are not happy with that invoice, you are entitled to challenge it. 

If you challenge a solicitor’s bill, you can do it through the process of taxation or you can inform the solicitor that if he sues you for the full amount claimed, you will counterclaim for his/her negligent handling of the case. Alternatively you can complain to the Law Society about overcharging. 

Times are changing rapidly in the legal profession but there are plenty of solicitors out there who treat their clients in this way and because so many years have now passed, my client unfortunately can do very little about the situation he is now in. The bottom line here is that a solicitor is providing a service just like every other service provider. If your plumber says he wants €200 to do a job, you will want to know exactly what value you are going to get for that money. A solicitor is no different. When you employ a solicitor, you are the employer. Insist on your rights.

Kevin Brophy,

Brophy Solcitors