S68 (1) Solicitors Act 1974 - Agree/Disagree?

[sttony]

You have no doubt been following (perhaps not), the cases in the Law Gazette, ACL website regarding access to files and challenging fees. Comments have referred to fee-checkers as vultures preying on vultures. Do you think former clients have a right to their files? Why are former solicitors spending big £££££ to prevent fee-checking solicitors from accessing former clients files? The appeal in Herbert v HH Law Limited was heard a few days ago regarding risk assessment/success fee and what is a disbursement.

What do you think?

My vote - what is the big problem in sending clients a copy of their initial agreements if they ask especially if you do not have anything to hide? Perhaps that statement when read again with a twist to the last sentence might be the reason.

[davenewbergr]

The problem is that at least some clients do this just to delay payment and for the buggeration factor. They already have a copy of the initial agreement. Even if you have something to hide, it's not going to be found in the initial agreement. However, it is trite law that the file belongs to the client. Everything bar the internal communication (and even some of that) is liable to be surrendered.

[sttony]

The problem is that at least some clients do this just to delay payment and for the buggeration factor. They already have a copy of the initial agreement. Even if you have something to hide, it's not going to be found in the initial agreement. However, it is trite law that the file belongs to the client. Everything bar the internal communication (and even some of that) is liable to be surrendered.

Hi Dave,

The particular area is currently being fought tooth and nail, and is at the CA for a decision. Basically - PI cases. Client pays 25% of their damages to the solicitors. In virtually all cases, the clients will have this fee deducted As DJ Lumb mentioned that solicitors are ensuring this via a 100% success fee. The issues are regarding the initial agreements, explanation of those agreements, failure to advice on fixed recoverable costs. When the client asks for the file, they are met with proprietorship of documents and you cannot have them.

Was just getting thoughts on whether former solicitors should release files to former clients or at least give them specific documents. I saw a response from one solicitor when asked to disclose the initial funding agreements, statute bill and copy of letter detailing the final offer accepted by client. Response, NO, WHY and £200.00 plus VAT to check file.