OVERCHARGING BY SOLICITORS

A client can be in a very difficult position when they decide to leave their solicitor and instruct somebody new. The first solicitor is entitled to insist that his/her fees be paid in full before they release their file to the new solicitor. This can often create difficulties because the client generally will only leave the first solicitor because they are not happy with the service they have received and would probably not be happy to pay any fee they might feel is either excessive or unjustified.

Many people believe that solicitors are reluctant to sue their colleagues and that even if they are able to get another solicitor to consider taking an action against one of their colleagues, they would want to ensure that their full fees are paid to the other solicitor.

This is one of the reasons why you should obtain at the outset of the case a detailed breakdown as to the likely level of charges and to monitor this during the course of the case. If you feel that the costs being requested by your original solicitor are excessive, you have a number of remedies. You can report the matter to the Law Society, who will investigate allegations of overcharging. In certain cases you can have the matter dealt with by the process known as taxation of costs. You are entitled to a detailed breakdown of all the work completed on your behalf and how the solicitor arrived at the fee. The problem with all of this however is that this process takes time and you may not have that time. In our experience many clients feel they have no alternative but to pay the previous solicitor’s fees in full because otherwise they will not obtain a copy of their file. For this reason it absolutely makes sense that you insist from the outset that you get copies of all documents from your solicitor. Your file should be almost as substantial as the solicitor’s file when your relationship with that solicitor comes to an end.

We make it a practice to send our clients copies of all relevant correspondence and we urge them to bring their file with them to any meeting they have with us so that everybody is completely up to date in relation to the case and there are no misunderstandings.

Clients should always remember that solicitors are just like any other service provider. If they provide a shoddy service, they should not be paid, or should not be paid in full, for that shoddy service. Solicitors are providing a service just like a plumber or an electrician. In conclusion therefore you should always do the following:-

• Make sure you receive a comprehensive section 68 letter concerning the fees you are likely to have to pay to your solicitor when the case starts.
• Make sure that section 68 letter is updated as the case progresses and the issues become clearer.
• Make sure your solicitor agrees to send you copies of all relevant correspondence and documents concerning the case. Your file should be fairly close to the size of your solicitor’s file.
• When your solicitor requests fees, always ask for a written breakdown as to exactly what that the fee covers.
• If you are unhappy with the service you have received from your solicitor, you can have the matter dealt with by the Law Society or you can refuse to pay the fee until the matter is investigated.
• Always remember, YOU ARE THE BOSS. 

Kevin Brophy

Brophy Solicitors