HELP....I only asked for a second opinion..

HELP....I only asked for a second opinion..

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menace2society

Original Poster:

3 posts

161 months

Monday 3rd January 2011
quotequote all
from another solicitor regarding my RTA and PI claim.
I was offered 25k for my RTA,PI claim, which has been going on for 5 yrs now. i had 2 accidents in 6 months, non fault. one company offered 16k, the other 9k.

I asked another solicitor for his second opinion, to decide if it was a fair offer or not because my first solicitor said my compo should be about 50k, in total blah blah blah.

I made it clear to the second solicitor, that i only want a second opinion on my case.
We agreed a price of £1000, for him to review my file, and i would pay for it, out of my pocket. i signed the forms, terms of business and i added on the forms that i will be only paying £1000, in GBP, to have my case reviewed by him, as agreed by both of us.

Cut a long story short, the 2nd solicitor has billed me for 15k, including VAT.
I have refused to pay him and he has been issued and is in possession of one chqe of 9k.
My case is now back with my 1st solicitor, who is shocked and surprised by the 2nd solicitors charges and actions.

any help and advice on the above problem, i would be most grateful.

Thxs in advance for your help.

Toyless

23,636 posts

222 months

Monday 3rd January 2011
quotequote all
Greed is a horrible emotion.

wildoliver

8,789 posts

217 months

Monday 3rd January 2011
quotequote all
Aww Diddums.

mrwall

72 posts

163 months

Monday 3rd January 2011
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^^^^ lol


sounds a very sticky situation!

Gwagon111

4,422 posts

162 months

Monday 3rd January 2011
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P.I. merchant gets right royally fked over. That's made my day rofl

waremark

3,243 posts

214 months

Monday 3rd January 2011
quotequote all
Another solicitor may come along and give more specific advice; my advice is not professional.

Your position depends totally on the details of the documentation in your possession. If there is a clear-cut written agreement of a maximum fee, then I don't think the solicitor is entitled to ask for me even if he did more work than then envisaged. However, he will know this, and a solicitor is unlikely to be an out and out villain, so there is likely to be another side to the story. I suggest you request a meeting with the senior partner of the firm, and try to understand whether they have a genuine claim for more.

If they don't have at least a plausible claim for a higher fee, I expect that you can get the matter resolved through their professional body.

A very quick Google found this:

http://www.lawsociety.org.uk/choosingandusing/payi...

One word of warning - if you get advice from your first solicitor in connection with the dispute with the second solicitor, you have better make sure you specifically agree the fees involved!

PS Why come to PH, rather than to a legal advice forum?

Edited by waremark on Monday 3rd January 17:14

GeraldSmith

6,887 posts

218 months

anonymous-user

55 months

Monday 3rd January 2011
quotequote all
You paid £1000 for someone to read your file?

Is this the going rate?

Do people regularly pay other people £1000 to read their file?

How do i get that job?

HellDiver

5,708 posts

183 months

Monday 3rd January 2011
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DavidHM

3,940 posts

201 months

Monday 3rd January 2011
quotequote all
Not that I don't believe you but I guess you were looking for about 4 hours' worth of work - essentially for him to prepare what is known as an "advice on quantum" which your original solicitor should have instructed a barrister to do for you anyway. How in the hell has this transformed into 60 hours' work (or more)?

Are you sure that the solicitor hasn't accidentally given the file to a costs person who has somehow included a bill for what your original solicitor has done?

If nothing else there will be an hourly rate specified in the second solicitor's terms of business letter and this will have to have been adhered to in the preparation of the detailed bill of costs.

Could you please explain what has actually been invoiced (not just the amounts but the narrative, i.e., the work claimed for) and maybe in the meantime the thread could be moved to SP&L? (Because if the claim is worth £15k+ this is more than "ooh me back" for six months).

DavidHM

3,940 posts

201 months

Monday 3rd January 2011
quotequote all
Sheeda Pistol said:
You paid £1000 for someone to read your file?

Is this the going rate?

Do people regularly pay other people £1000 to read their file?

How do i get that job?
Sort of. £1k would cover the file being read, digested and sense made of it. You would normally get that kind of advice from a barrister who might charge up to £1k to do an advice on quantum (but usualyl rather less) with a view to advising whether the claim should be contested further at Court or settled. Given the age of the file Court proceedings must at least be contemplated quite seriously by now so it would be surprising if there weren't a barrister on board already.

Oh and you get that kind of job by knowing what you're talking about, studying the law extensively, and carrying enough insurance to cover you if you get it horribly wrong... Barristers' earnings in this field aren't hugely different from management consultants, IT contractors, etc.

750turbo

6,164 posts

225 months

Monday 3rd January 2011
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streaky

19,311 posts

250 months

Monday 3rd January 2011
quotequote all
Sheeda Pistol said:
You paid £1000 for someone to read your file?
The OP appears to have paid (at least issued a cheque for) £9,000.

Why, I have no idea, when the fee is in dispute and the OP seems to have agreed a fixed fee for the quantum review.

Streaky

Edited by streaky on Tuesday 4th January 12:16

anonymous-user

55 months

Monday 3rd January 2011
quotequote all
doogz said:
Troll.

Good MPG from his M5 and reckons his R8 is the "dogs bllx"

And calls his CSL a Batmobile.
To be fair CSL are called Batmobiles in BMW nerdy circles... (don't know why though)

y2blade

56,132 posts

216 months

Monday 3rd January 2011
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Ryan_b...is that you?

omgus

7,305 posts

176 months

Monday 3rd January 2011
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DrTre said:
My advice: I think you've been had by the second solicitor.

I'll PM my invoice.
I'll second that opinion, DrTre you can pass 55% of that charge on to me. wink

Carrot

7,294 posts

203 months

Monday 3rd January 2011
quotequote all
y2blade said:
Ryan_b...is that you?
Maybe its "his mate"...

Doniger

1,971 posts

167 months

Monday 3rd January 2011
quotequote all
Sheeda Pistol said:
doogz said:
Troll.

Good MPG from his M5 and reckons his R8 is the "dogs bllx"

And calls his CSL a Batmobile.
To be fair CSL are called Batmobiles in BMW nerdy circles... (don't know why though)
Because it had fins and bits all over it that made it look a bit batmobile-ish.


But when someone registers on December 25th, says his R8 is a lot of car for a little bit of money, has to explain that an M5 is all the car you need because it looks good and goes fast; and says THIS to describe his '73 CSL which has no picture:

"My summer car, i use it, only when the sun comes out and where ever i go with it, everyone luvs it and asks where they can buy one from. i say Ebay lol."

...you kind of DO think "Troll" especially when his first post stinks of BS. Not only that but I hope and pray that when life is such a struggle for some people, someone who gives the impression of having the intelligence and class of the st on the sole of my boots wouldn't be in a position to have that garage - unless Daddy bought it all.

omgus

7,305 posts

176 months

Monday 3rd January 2011
quotequote all
doogz said:
Troll.

Good MPG from his M5 and reckons his R8 is the "dogs bllx"

And calls his CSL a Batmobile.
I may have been waiting a little while to use this pic.biggrin


Flintstone

8,644 posts

248 months

Monday 3rd January 2011
quotequote all
Sheeda Pistol said:
You paid £1000 for someone to read your file?

Is this the going rate?

Do people regularly pay other people £1000 to read their file?

How do i get that job?





Always amuses me when people watch others doing a job before declaring they get paid too much, something I've had said to me. "Your job, it's mainly pushing buttons and anyone can do that" (I never said they couldn't). Don't think they appreciated my reply, "If you're here when the st hits the fan how much do you think you'll pay me to tell you which buttons to push?". biggrin


(Shamelessly plagiarised from the old story of the engineer called in to diagnose a fault at a factory. He wandered around for a bit before placing a chalk 'X' on a pipe saying "There's your problem" and submitting his invoice for £1000. The bill was referred to the tightfisted head of Accounts who wrote to the engineer requesting a breakdown which followed. "Placing chalk 'X' 50p. Knowing where to place chalk 'X' £999:50".)