Big problems with my solicitor....

[big.syd]

I requested copies of my Client Account,in October 2016,and a copy of the companys written complaints procedure, due to serious issues concerning the handling of my legal claims.I had to repeat my request several times,and my Solicitor sent me a further bill demanding immediate payment,which I dispute,then made an application to the court to come off my case(which I have won and the matter of ongoing costs need to be assessed).
He failed to inform me of the hearing in January 2017,and has informed the Court I owe him fees and he was unable to get instructions. This also happened last year,when he only informed me of the hearing the day before.This led to an exchange of words. I will have to elaborate later.
As a result of our words I sent an e-mail requesting information specifically to be answered in writing,again he has yet to fulfill my request.
The Court wrote to me and I had to send my comments on his application to be removed.I resisted his application and we are scheduled to go before the Judge next month.I am hoping that the Judge will at the very least let me express myself and my concerns about the solicitor .
I have spoken to the Legal Ombudsman twice without giving specific details about the Solicitors.They were very helpfull.
I mentioned in my e-mail to the Solicitor last week that the L.O. had considered breeches had occurred,and I quickly recieved my client account records.I have also copied all letters sent to my Solicitor to the Court.

In summary a withdrawl of £12,000 was taken from my Client Account,and paid into the Solictors Office Account..(Sept 2016)..funds in the client account were from 2013 and were cost I won in a previous case.
I have recieve no bill of cost or written notification about the amount taken . The first I new of this was yesterday morning,which now explains his eagerness to come of the file,and his attempts to get me to speak to him or visit his office without complying with my request for information. I again contacted the L.O.

The Solicitor in question has lied to me on other matters and my concern is if he states the I was aware of this transaction,or he covers it up with a false paper trail.
How can I nail him for his dishonesty.
Thank you for reading.

[Peridot]

Re: Big problems with my solicitor....

Hi big.syd,

I am slightly confused, when you engage the services of the solicitor you have to pay and generally solicitors will not act or undertake any work unless they have funds on account. You don't get a builder in and not expect to pay for materials at least up front? That being said similar to builders, solicitors do have to provide costs information and estimates for the work they will be undertaking on your behalf. If the costs are likely to go above the estimate they have provided, then they have to tell you and provide a revised estimate. If for example the client care letter indicated your fees would likely be £2,500 and then you receive a bill for £12k, without having been told the costs were escalating this is obviously wholly unacceptable and definitely should be challenged. In addition the solicitor should be advising you on the likelihood of you succeeding in Court and whether the costs outweigh the benefits you are likely to achieve if you are successful. For example if you were awarded damages of £50k would costs of £12 be so unreasonable as compared to you receiving £10k in damages and still being charged £12k? It is a balancing act but costs should be transparent and should be broken down on the bill as to the work that was carried out, covered by that particular bill. Unfortunately not all cases are won and people can feel very aggrieved about having to pay fees when their case has been unsuccessful, but the solicitor has done the work so is entitled to be remunerated even if the result is not as you wanted. That is obviously a bit of an aside and just to complete the picture really, as you were successful in your case.

Solicitors are within their rights to down tools if bills are not settled or money on account is not provided. Did you ever get terms of business to sign or a lengthy client care letter which should set out what the fees are anticipated to be? Was there ever a cost review provided? With regard to the costs award. this is to do with the costs in this case not previous matters this solicitor has dealt with? If costs were awarded and held in the client account then once a bill has been presented the funds can be taken from the client account to the office account. Are you saying their bill was for £12k and this is the figure that was transferred? Obviously I don't need to know the details of the case, but for a single bill this does seem excessive unless it was agreed that the costs would be paid at the end?

Have you ever received any bill (even if older) The bill should have details on the back of what to do in the event you do not agree the sum charged. The client care should have the complaints procedure or at least the person to contact if you have a complaint, The Legal Ombudsman will expect you to have jumped through the hoops as far as making a formal complaint to the firm is concerned before they will accept any complaint from you to be considered.

Try and get all your paperwork together and in date order so that you can identify any client care letter, or cost up-dates. Also check the solicitors website if they have one, as their terms of business may be on there as well as the complaints procedure. Write to the firm in line with their complaints procedure and diarise to make a complaint to the Legal Ombudsman if they do not comply with their own timescales for responding etc.
Your complaint letter needs to state the facts and avoid the minutiae he said she said type things. Facts such as date received client care, signed and returned, date of any cost reviews or quotes, dates of bills rendered and why you are objecting to any bill. Although historic bills more than 3mths old you may have a problem challenging.

The Law Society has a page on solicitors fees and what to do, but timescales are quite short for bringing complaints so do look into what you need to do asap Here's the link that may help http://www.lawsociety.org.uk/for-the...egal-services/

[big.syd]

Re: Big problems with my solicitor....

Hi Peridot,
I have read your comments and your link to Law Society.

I will try to explain,but it is most confusing and I have recently had stress related problems,however.

My wife and I purchased a property with the potential to add a substantial annexe with the help of my wifes Aunt and Uncle in 2004.Planning was approved and my wifes relatives and ourselves continued to live and share the property along our two children.
My wifes uncle passed away in 2006. In 2009 my wifes Aunt behavior began to be more erratic,and our children were assaulted by her.Police were called and she recieved P.I.N.
The breakdown in the relationship between was now beyond repair,and she began a series of legal claims against us,demanding money,at harrassing us at evey opportunity.

Case 1; For money advance to us in relation to another property£50,000,and then ammendded to include action for a further £50.000 in relation to the building costs,claiming I missaproprited funds.
Her case was lost and she was reprimanded by the Judge.She lied under oath and we were awarded costs on the indemnity basis.I provided recipts and invoices,plus a ledger in her handwriting regarding the repayments of the loan.
We were awarded costs after assessment of £33,500 This was in May 2014.
According to the balance report I have before me the dates are from 30/3/11 until 24/11/14

Case 2 Was injunction proceeding that were brought against us for harrasment,and a counter claim for the same,this was a matter that was dealt with by way of a Court Undertaking ,and each side to bear their own costs.
According to the balance report I have before me the dates are from 15/05/12 until 01/08/13.


Case 3 Was a quickly concluding matter that was concerning a breech of an Court Undertaking that was broken by my wifes Aunt.(no costs awarded)
According to the balance report I have before me the dates run from 07/02/13 until 12/0213.

Case 4.Is the only action we began,and this is for Tolata/Order for sale of the property.(will go into this in more detail later)
According to the balance report before me the dates run from 13/1212 until 05/01/15.
However this matter and the issue of costs has yet to concluded and has been beset with problems,which I will explain later and will refer to it as case 4

Case 5 Was as I recall bundled with case 2 and dealt with a claim for unpaid rent and my counter claim for unpaid utility bills.As stated at case 2 each side were to pay thier own costs.
According to the balance report before me the dates run from 04/03/13 until 10/11/14.


With regards to the solicitor.

The solicitor in question is a sole practitioner and very local to my place of work(100mts)so chosen for locality.
From the offset it was agreed that he would keep my costs down and take his fees at the end and I would carry out various DIY at his office and at his home,this was an understanding that was not in writing. I also signed (5in total) the client care letterand was advised about the estimated cost.
Case 1 £5000 plus £1500 disbursments and Court fees.
Case 2 £7000 plus disbursments
Case 3 No figure given.
Case4 Do not have client care letter.
Case 5 Do not have client care letter, but it was bundled with case 2 ?

In the client care letter under heading complaints reads as follows:
"--------- Solicitors strives to offer all of its clients an efficent and effective service.It is however recognised that at times,and regrettably a client may not be entirely happy with the service provided.If you do feel that there is a problem,please do not hesitate to contact me.Hopefullywe will be able to find a resolution together".
There is no referance to a written complaints procedure.I have asked in writing on at least six occasions for a copy of the "written complaints procedure",only to be refered back to the client care letter and the above statement.

The matter of case 4.
On the 18th July 2013 I was invited to read a draft consent order that was to be stamped by the Court on Monday 22nd July 2013. This dealt with the concession of the Tolata and an agreement to sale the property so both parties could get on with thier lives.I read it though and agreed to the terms. My solicitor shook my hand and said congratulations its all over,go and enjoy your holiday,I was elated.
However,the Aunts solicitor the following day(fri) made ammendments and the insertion"the parties agreed to register the annexe at HM registry as a seperate dwellingand marketed and sold as such"
The insertion was missed by the legal secretary that had authority to sign in MR --------- absence.
The following day I recieved a copy of the draft consent order and e-mailed the legal secretary and informed her of the alteration,which I cleary disagred with.
Both my Solicitor and the Barrister that drafted the agreed failed to notice the alteration,and my e-mail did not stop the consent order being stamped .
My solicitor then advised that he will take action to get the Consent Order overturned.This failed as the Judge in the case stated the other side are entitled to negotiate terms until it is stamped by the Court.
In his written statement my solicitor stated that everyone missed the alteration,and it was not noticed until September.He failed and continues to deny I informed them in time and it could have been avoided.
The Judge did turn to me an comment that he sympathised with me and it was a matter I could bring against my solicitor.(my solicitor then applied for a copy of the court transcript at my cost and without my authority)I have demand an explanation from him,but have not recieved one.
My Solicitor was not in Court,and I visited his office the next day and advised him what the Judge said. He apologised and said he was desperatly sorry he had let me and my wife down.He told me not carry out and more duties for him. I said I was not looking to sue him,but he needed to extract me from the situation at his own expense.He was not happy with this and the relationship declined from that day.
I have had to battle against planning applications to divide the property,and against appeals to the Planning inspectorate,four in total.The final appeal went to an inquiry and was thankfully defeated in July 2016.They (my aunts side) kept mentioning I had effectivly breeched a court order by not withdrawing my objections,and as such kept questioning my integrety.At last the matter before the Court could be concluded.
In September 2016,my Solicitor came to my place of work and informed me there was a Court Hearing the next day. .Asked how long he had known about it he repalied about a month. I said why have you only just told me,and casually said its only directions.
I had to close my business the next day and attended court.
The following day he came to my place of work again and handed me a piece of paper,which I believed to be the Order from the Court. It was infact an invoice for Counsel fees for £1170. I queried it and asked if was coming out of my client account(costs awarded in case 1)He said no thats all gone.....
I replied you had better not had touched that without my permission.He maintained I had to pay it and left my office,after I told him I want to see up to date accounts.
He returned,the following day and said he had found £1000 on account and I should now only pay the £170.I repeated my request for the accounts to be given to me,to which he lost his composure and said he will now bill me for all outstanding costs and I will not be given time to pay,he refered me back to his original client care letter with no mention of our "understanding".
The next day £12,000 was taken from my client account and put into the office account(this only became known to me on Monday 21st February 2017).

The events between his last visit to my office seem even more bizarre and will,try and get them known to you over the weekend,but for now as if it isnt enough I need to establish if without an invoice or any notification he can help himself to £12,000.

Regarding bills,invoices and costs:
I have personally deposited funds to my solicitor when requested for Counsel fees,Court fees,costs and disbursments when required in excess of £60,000 plus I have been awarded £33,500 in case 1
I have not withdrawn anything from this account.
I have kept paperwork and filed everything I have been given
I have recieved and kept all invoices from Counsel(all fees have been paid)including the disputed £1170.
With regards to my solicitors billing the last itemised bill was on 12th August 2011,and the last request for funds to go on account was in January 2013.I have seen what a offical invoice should contain,but I have never recieved one from my solicitor.
I have not recieved annual statements,and Im afraid this has now out of hand.
Not sleeping and the doctor has recommended counselling for stress and depression.
My blood pressure is off the scale and my father has reached the final stage of dementia.
At the last court hearing I collapsed and was taken to hospital by ambulance.
My solicitor is aware of these matters and is also pressurising me.
This nightmare needs sorting

[Peridot]

Re: Big problems with my solicitor....

Hi Big.Syd,
What a horrible situation. So difficult when you haven't had some of the agreements in writing. Did you do any work at his offices which you can provide invoices for that may offset some of his fees?
I really think that you need to get some face to face advice on this from a professional negligence specialist. You will need a litigation specialist for this. I appreciate solicitors are probably the last people you wish to speak to at the moment and it there will be fees involved, however bearing in mind the significant bills that you have been presented with and also the possibility there may have been some issues with his conduct of the cases, his billing and methods of dealing and the complicated situation you have found yourself, in my opinion it is worth exploring this further. You can then establish what your likely chances of succeeding are and decide whether you wish to take this further. I really think it would be worth your while at least exploring the options, maybe in a free or reduced fee initial appointment.
I would also recommend writing a letter to the solicitor setting out your concerns and pointing out that you will be seeking independent legal advice on this matter.
I'm sorry I can't offer a solution other than seeking some specialist advice, but I think it is definitely worth your while at least to look into the options available to you, which could include a professional negligence claim, involvement of the Legal Ombudsman or even a letter to the solicitor with an offer of how to settle matters without the need for litigation, but you do need face to face advice on this.
LB Compare the forum's sister site can search for local solicitors and indicate whether you can get a free or reduced fee appointment, before committing to the course of action you choose to take.

[big.syd]

Re: Big problems with my solicitor....

Thank you, I have just contacted a legal firm and I am awaiting a call back.
I have also in the last hour recieved from my solicitors after demanding more information about my accounts ledger further information.
I requested an up to date account of my deposit account held with them,which they failed to send me on Monday.along with questions about the unauthorised withdrawl in respect of the court transcript.
Regarding the transcript,which I always belived he ordered to protect himself,He claims it was in case there was a re-trail??I have written back demanding further explanation.
In respect of the request for up to date accounts,I have recieved a copy of the ledger that runs from 10/10/14 until 10/08/16 with the balance showing just over £13,000. so not up to date and not accurate as the amount of £12,000 was withdrawn on 28th September 2016???
Interesting????

- - - Updated - - -

sorry, should have mentioned I e-mailed and asked why the ledger they sent me was at least 6 months out of date.

[Peridot]

Re: Big problems with my solicitor....

I'd also get a copy of the transcript, seeing as you've paid for it!
Once you have all the info you can get take it with you when you see the solicitor you go to.
We're here for hand holding if needs be.