Serious Question

L

Lee Chater

At the Start
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Oct 11, 2005
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Ten months ago I was put into a position where I had no option but to instruct a solicitor, the final bill totalled a few pounds under £10K.

My question is; should they charge the client for mistakes made by them ?
 
My employer pays me for all the hours I work, thank God, regardless of whether there is within the odd booboo. I'm guessing the reasonableness of the error is the deciding factor. Ardross will give you the definitive answer, but I am happy with my answer.
 
My employer pays me for all the hours I work, thank God, regardless of whether there is within the odd booboo.

but does he pay you £150 per hour ?
 
Does Lee's sentence mean the mistakes made by the client, or mistakes made by the solicitor? I can read it either way, but I'm erring on the side of him thinking that he thinks the fees he's incurred by engaging and paying a solicitor should be paid for by the client, who made the mistakes in the first place, and whose actions required him to instruct the solicitor (at considerable cost). In other words, he would like to try to recover his legal costs from the errant client.

No idea, but the best thing would be to ask the solicitor, I imagine. If, however, I've read the sentence incorrectly and it's the solicitor who's made a balls-up and cost him £10K, then the Law Society would surely be able to advise about the feasibility of recovering this?

I know Ardross is helpful, but he's not a free consulting service for all of our legal queries.
 
My question is; should they charge the client for mistakes made by them ?

Should they ( solicitor ) charge the client for mistakes made by them ( the Solicitor )

Thanks for your answer Krizon but I am not asking Ardross directly otherwise I'd have used the PM facility.

If I did a building job for someone which proved unsatisfactory, I would expect to put it right withouit charging them for the remedial work.
If you pay someone £150 per hour plus vat and they make costly elementary errors, I don't expect to be billed for them and wondered if someone had experienced similar.

I know about the Law Soc and the complaints procedure and am making a formal complaint first with the Sol and a copy to the senior partner.
 
It's Mel who is suggesting asking Ardross for advice, Lee, not me. I personally wouldn't presume to ask him to give me his professional time for free, any more than I'd expect jinnyj to train my horse free because we're forum members! :blink:

I'm sure you'll get the proper response through the Law Society - good luck!
 
Originally posted by BrianH@Aug 27 2006, 08:01 PM
If you have a grievance you can take it to the Law Society
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Where it will be ajudicated by another solicitor... Like doctors, they tend to stick together and it's very rare they will find in favour of the client. It's a scandal and always has been.

You can also get free advice at your local Citizens' Advice Bureau
 
Your views are held by many headstrong but although I have reservations, I'll judge ( no pun intended ) them on my findings.

I was hoping someone might have had recourse to an arbitary body with such a complaint.

In my case, there was at least one big fundamental error that had financial implications for me, it's just a matter of them accepting responsibility or thinking of a way around it, I suspect the latter and yet more stress to gain justice.
 
I suggest that before the Law Society procedures are condemned out of hand you check what Liberty recommends and follow their guidelines. My view would be that they might just give a better, clearer guide than the average CAB employee. For instance, if all other paths have led nowhere there is the Legal Services Ombudsman, who is totally independent. But you do have to follow the proposed route - and timing is important.

Liberty - Complaints Against Solicitors
 
Thanks for that Brian, you were not to know that I'd already started the process which is contained in your link.
The first section excludes work done in court so I cannot follow that route but can in the second line of approach and just half an hour ago did personally deliver my written complaint to the Solicitor.
 
Lee, a friend of mine had a complaint against a solicitor which I took up for her with The OSS. She eventually received £500 in compensation, although in her case it was a very long and drawn out procedure and I did get the feeling, solicitors tend to stick together and begrudge being criticised even when they are blatantly in the wrong. Just my personal opinion of course. Good luck with your case.

I have had to use solicitors on many occasions, and with one exception I have always been very disappointed with the service I have received. I felt I was just unlucky, but I have since heard of other people who have had cause to complain.

Even recently, whilst I have been trying to organise my late mother's estate, I had cause to complain to the solicitors concerned due to endless delays, excuses and just a damn poor service. Luckily. their complaints procedure was excellent, and I was appointed a new solicitor in a different branch, who was excellent. I have also received a reduction on their final bill to me, too.
 
Interesting Kathy, I have set the wheels in motion and have an open mind on the outcome but I don't expect a simple solution, at best it may end up as a ' deal or no deal ' ;)
 
Originally posted by krizon@Aug 27 2006, 05:56 PM
It's Mel who is suggesting asking Ardross for advice, Lee, not me. I personally wouldn't presume to ask him to give me his professional time for free, any more than I'd expect jinnyj to train my horse free because we're forum members! :blink:

I'm sure you'll get the proper response through the Law Society - good luck!
Click to expand...

:rolleyes: :rolleyes:
.
 
Originally posted by Lee Chater@Aug 27 2006, 03:07 PM
Ten months ago I was put into a position where I had no option but to instruct a solicitor, the final bill totalled a few pounds under £10K.

My question is; should they charge the client for mistakes made by them ?
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No they should not, our solicitor lost a will, god knows how but they did and had to apply for some special thing at court after he'd complied a big report, it took an absolute age. nearly 10months, it should of took 6months tops and he only charged us for 6 as it was his fault.
 
One of the biggest problems I find with solicitors, is the time they take to do things. It absolutely infuriates me. Some solicitors give the impression they know best because they have sat all the exams and they will do things when they are good and ready. With that in mind, I try and do a lot of ground work whenever I employ the services of a solicitor and then agree a rate beforehand and get it in writing.

Word of advice. always put everything in writing too, either via email or letter and if you ever do call them, make notes of the content of your call, the duration, date etc. Also, if you send them any paperwork, photocopy it, and send a dated covering letter.

You never know when this information may come in useful. I have taken solicitors to task before, and believe me, I wouldn't hesitate in doing it again. I treat them the same as any other service industry ie. if I feel I am receiving a poor service, I let them know.

Always assume the worst, ie that they (the solicitor) will lose something or deny a conversation ever took place. They are no different than many other industries where there is good and bad in the various practices but always be prepared to take them on if you feel the service or advice you have been given is incorrect.
 
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