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

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