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Solicitor threatening to sue for fees. Which court / type of claim will it be?

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  • Solicitor threatening to sue for fees. Which court / type of claim will it be?

    Which court / type of claim / CPR part is appropriate for a solicitor who wants to recover unpaid fees of less than £1000? I dispute his entitlement to be paid at all.

    Leo has so far disregarded my main grounds of dispute and instead treated it as a poor service and says I should pay half. I need to know what the costs implications might be if I reject Leos final decision (Leo is not finished just yet) and end up in court.

    Perhaps I should be grateful Leo sided with me at all and settle now?

    Also, will Leo's final decsion be binding or must it be accepted by one or both parties?

    Thanks
    Tags: None

  • #2
    Sorry to bump this but does anyone know if a solicitor recovering fees would be a small claims case or is there a special court/proceedings that might be used instead?

    Thanks.

    (I understand that many users here are lawyers and would not think highly of fee disputes but this is an exceptional case of very poor ethics and I would not resist otherwise, so I hope you don't mind answering)

    Comment


    • #3
      It will most likely be allocated to small claims track..... solicitors don't have a special track just for themselves!

      Those professionals who post on here would not support one with poor ethical standards, so you won't upset them

      Comment


      • #4
        You would be invited to try mediation (FOC via the court process)

        It is privileged info, so cannot be used in court....a chance to safely negotiate.

        LeO might well be an option.....have you pre-empted & given them a ring?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Thank you for answering. I was worried there might be special proceedings with high costs but I think I'm just mixed up with costs assessment proceedings. Small claims is OK.

          However, I already have the case with Leo. Their initial decision has reduced the bill and they are asking if I want to pass it to the more senior 0mbudsman.
          They said they rarely change their mind so I will likely need to decide whether to accept their ruling or hold out and risk court.

          Leo has not acknowledged my grounds of dispute. They said they don't have to follow legal arguments.

          Is there any way to get Leo to answer my grounds rather than just giving a discount?

          I would much rather Leo showed some teeth and declared who is right and wrong.

          What is FOC?

          Comment


          • #6
            Free of charge.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              LeO come to a conclusion on what they consider is a fair outcome, which isn't necessarily strictly in accord with the legal position.
              They rarely change their original decision and it is for you to accept or reject.

              Comment

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