Legal standpoint with changing Lawyers
Discussion
I'm currently in the process of changing lawyers for a pending alleged speeding incident.
Anyone any thoughts/input to the fact that I have asked my current lawyer (whom doesn't know of me leaving him yet)on three occasions, in writing, for a final statement of accounts.
The reasons for leaving him are simply his inability to return phone calls, keep meetings or answers letters AND the fact that I am not entirely sure he's not "in-bed" with the CPS anyway.
Ta.
Anyone any thoughts/input to the fact that I have asked my current lawyer (whom doesn't know of me leaving him yet)on three occasions, in writing, for a final statement of accounts.
The reasons for leaving him are simply his inability to return phone calls, keep meetings or answers letters AND the fact that I am not entirely sure he's not "in-bed" with the CPS anyway.
Ta.
Are you a private client, legal aid funded or covered under a legal insurance expenses policy?
As a Private client, no problem, pay his bill and ask for your case file to be sent to the new firm you appoint. Legal aid cases can be re routed, without expense, altu would need to check that your new firm are happy to accept it. Sometimes the firm being rejected may ask for a nominal payment which sometimes the new firm will pay as a disbursment and claim back later on if the case is won.
If you are covered on LEI, then it is unlikely that the insurers will agree to a change unless it is to another firm on their panel of approved solicitors (although this practice is currently under review). If you are covered by LEI and wanted to go to a firm of your choosing, then you would probably have to revert to beinga private client.
As a Private client, no problem, pay his bill and ask for your case file to be sent to the new firm you appoint. Legal aid cases can be re routed, without expense, altu would need to check that your new firm are happy to accept it. Sometimes the firm being rejected may ask for a nominal payment which sometimes the new firm will pay as a disbursment and claim back later on if the case is won.
If you are covered on LEI, then it is unlikely that the insurers will agree to a change unless it is to another firm on their panel of approved solicitors (although this practice is currently under review). If you are covered by LEI and wanted to go to a firm of your choosing, then you would probably have to revert to beinga private client.
100% Private client and paying for his time myself.
Point is that I am trying to get the final bill but have asked for it 3 times, once per month, i.e. Nov, Dec and Jan. My question has to be should I have to wait any longer or just walk away.
Until I get a final settlement I am reluctant to instigate the services of the other lawyer I have waiting in the wings. I suspect the bill may be larger than life if he knows I'm going with another lawyer.
Point is that I am trying to get the final bill but have asked for it 3 times, once per month, i.e. Nov, Dec and Jan. My question has to be should I have to wait any longer or just walk away.
Until I get a final settlement I am reluctant to instigate the services of the other lawyer I have waiting in the wings. I suspect the bill may be larger than life if he knows I'm going with another lawyer.
Write to the old solicitor once again recorded delivery requesting that an invoice for all work carried out and up to date be sent to you without delay. You may wish to add that you have been disappointed by the level of service you have been afforded, and that you may have no option but to refer it to the Law Society which is the governing body of solicitors in the UK.
No law firms wan't to cross swords with the Law Society as the implications can be quite horrendous, so that should gee him up. It may be worth speaking to your new man as to the best way to word your letter or better still ask him to write to the old firm, it is in his interest after all.
No law firms wan't to cross swords with the Law Society as the implications can be quite horrendous, so that should gee him up. It may be worth speaking to your new man as to the best way to word your letter or better still ask him to write to the old firm, it is in his interest after all.
Sod being nice, go see the new guy, he will write to the old guy, he will contact you. When he does, express in the strongest terms your dissatisfaction, that you believe you have received inadequate professional services and that you are contemplating reporting him to the Law Society but were waiting on his bill to see if it was worth all the hassle. The Law Society are of course a waste of time, but good to threaten. This should lead to him sending a bill, usually claiming to be restricted, so for a reasonable about to try to buy off your complaint.
bobthebench said: Sod being nice, go see the new guy, he will write to the old guy, he will contact you. When he does, express in the strongest terms your dissatisfaction, that you believe you have received inadequate professional services and that you are contemplating reporting him to the Law Society but were waiting on his bill to see if it was worth all the hassle. The Law Society are of course a waste of time, but good to threaten. This should lead to him sending a bill, usually claiming to be restricted, so for a reasonable about to try to buy off your complaint.
Cheers, thought about this approach but call me synical - won't he just "up-the-charges" for my cheek.
Anyway, I have dropped a letter to him and will give him one further week to reply. After this I will contemplate closure without paying a single further penny to him.
You can challenge any bill he raises, and he must be able to justify it.
Ask your new guy how to do it.
This way, the new guy will later be wary about being generous with his bill.
Generous to himself, that is. They have deep pockets that need to be filled on a regular basis.
When I take over the world, things will change...............
Ask your new guy how to do it.
This way, the new guy will later be wary about being generous with his bill.
Generous to himself, that is. They have deep pockets that need to be filled on a regular basis.
When I take over the world, things will change...............
lucozade said:
bobthebench said: Sod being nice, go see the new guy, he will write to the old guy, he will contact you. When he does, express in the strongest terms your dissatisfaction, that you believe you have received inadequate professional services and that you are contemplating reporting him to the Law Society but were waiting on his bill to see if it was worth all the hassle. The Law Society are of course a waste of time, but good to threaten. This should lead to him sending a bill, usually claiming to be restricted, so for a reasonable about to try to buy off your complaint.
Cheers, thought about this approach but call me synical - won't he just "up-the-charges" for my cheek.
Anyway, I have dropped a letter to him and will give him one further week to reply. After this I will contemplate closure without paying a single further penny to him.
When he does contact you, he faces a loose cannon, threatening him to the law society. To justify his account, he needs to get it taxed, (i.e. verified as correct) - Most lawyers get this done elsewhere, if at all. Some just guess at the bill, and hope you don't challenge it. - This service will cost him, in time to prepare it, and in fees to his accountant.
Alternatively, he can agree a bill with you, which will invariably be rounded down so not to upset you, and you all live happily ever after.
Which do you think he'll choose ?
Most legal firms, (well those who use computers) use a programme called Arista case manager. On this all the time they spend on any client matter is recorded which means that a printout of all the time, the minute or hourly rate and final invoice can be pulled down quite easily.
If you dispute the invoice you recieve ask for the case manager printout.
If you dispute the invoice you recieve ask for the case manager printout.
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