Solicitor fiddled bill and Legal Ombudsman WONT help

[MissFM]

Re: Solicitor fiddled bill and Legal Ombudsman WONT help

Have you exhausted the solicitor's own complaints procedure?

If not, then send the Managing Partner (or their designated complaints officer if they have one) a detailed, factual, point by point summary of each complaint that you have. Mark your letter "formal complaint" and make it clear that you require them to investigate in detail at no cost to you. Ask them to supply you with details of their complaints procedure, again at no cost to you - incidentally, if they didn't supply you with this information along with their charging structure and T&C's when you first instructed them, that would be in itself against the code of conduct as laid down by the SRA and a cause for complaint. Try to keep things strictly factual and unemotional.

I believe they have 8 weeks to respond.

Next step would be the SRA or the Ombudsman - it sounds as if your complaints might cross into both territories.

http://www.lawsociety.org.uk/for-the...t-a-solicitor/

http://www.sra.org.uk/consumers/prob...solicitor.page

The solicitor should be able to explain, in detail, every item for which they have billed you. Even if they have done the work they say they have and there has been some genuine misunderstanding over meetings and letters (they may have had meetings, without you present, on your behalf, for example), there is still the possibility that they could have overcharged you - for example by charging you senior partners' rates for a junior clerk's work. They are, as said above, required to keep you informed from the outset of what and how they will charge. They should have no reason not to be completely transparent on this.

I have found the SRA and the LOS extremely helpful on the 'phone. Even though they won't accept complaints this way, they do give intelligent advice on procedure and as to who to turn to about what.

http://www.legalombudsman.org.uk/consumer/

It's frustrating, nit-picking and time-consuming but you do have to do this according to strict protocol; unfortunately there is a limited time-scale.

Have a good look at both bodies (SRA & LOS) and study what they consider to be grounds for action against a solicitor - it's surprising how specific these are and you must make sure that your situation relates to these grounds. For example, it's no good complaining about extortionate hourly rates - the cause for complaint would be if they didn't inform you of these rates in advance, etc..

Stick to the point and keep cool however angry and frustrated you may feel.

You need to detail each transgression on a timeline with dates, points contested and concrete evidence where applicable.

I'm sorry if this goes over old ground for you but hope it may help in some way.

[Spellkaster]

Re: Solicitor fiddled bill and Legal Ombudsman WONT help

Have you exhausted the solicitor's own complaints procedure?

If not, then send the Managing Partner (or their designated complaints officer if they have one) a detailed, factual, point by point summary of each complaint that you have. Mark your letter "formal complaint" and make it clear that you require them to investigate in detail at no cost to you. Ask them to supply you with details of their complaints procedure, again at no cost to you - incidentally, if they didn't supply you with this information along with their charging structure and T&C's when you first instructed them, that would be in itself against the code of conduct as laid down by the SRA and a cause for complaint. Try to keep things strictly factual and unemotional.

I believe they have 8 weeks to respond.

Next step would be the SRA or the Ombudsman - it sounds as if your complaints might cross into both territories.

http://www.lawsociety.org.uk/for-the...t-a-solicitor/

http://www.sra.org.uk/consumers/prob...solicitor.page

The solicitor should be able to explain, in detail, every item for which they have billed you. Even if they have done the work they say they have and there has been some genuine misunderstanding over meetings and letters (they may have had meetings, without you present, on your behalf, for example), there is still the possibility that they could have overcharged you - for example by charging you senior partners' rates for a junior clerk's work. They are, as said above, required to keep you informed from the outset of what and how they will charge. They should have no reason not to be completely transparent on this.

I have found the SRA and the LOS extremely helpful on the 'phone. Even though they won't accept complaints this way, they do give intelligent advice on procedure and as to who to turn to about what.

http://www.legalombudsman.org.uk/consumer/

It's frustrating, nit-picking and time-consuming but you do have to do this according to strict protocol; unfortunately there is a limited time-scale.

Have a good look at both bodies (SRA & LOS) and study what they consider to be grounds for action against a solicitor - it's surprising how specific these are and you must make sure that your situation relates to these grounds. For example, it's no good complaining about extortionate hourly rates - the cause for complaint would be if they didn't inform you of these rates in advance, etc..

Stick to the point and keep cool however angry and frustrated you may feel.

You need to detail each transgression on a timeline with dates, points contested and concrete evidence where applicable.

I'm sorry if this goes over old ground for you but hope it may help in some way.

Like I said above, Legal Ombudsman wont help with the issues of the bill because it is out of the time limits.

[PlanB]

Re: Solicitor fiddled bill and Legal Ombudsman WONT help

Like I said above, Legal Ombudsman wont help with the issues of the bill because it is out of the time limits.

What you have been told by the Legal Ombudsman is wrong. From 1st February 2013 (i.e. this year) the scheme rules changed and complainants now have six years to bring a complaint from the act/omission. Perhaps you've been talking to someone who didn't realize the scheme rules changed recently

See the scheme rules here and go to page 14 paragraph 4.5 (b):

http://www.legalombudsman.org.uk/dow...heme-Rules.pdf

[CleverClogs]

Re: Solicitor fiddled bill and Legal Ombudsman WONT help

If your matter was managed by a £250 per hour lawyer, then when you add VAT and Dibs it doesn't take many hours to make up that amount

Dibs?

http://en.wikipedia.org/wiki/Dibs
As in the idea that a lawyer has first dibs on his client's money? :behindsofa:

[MissFM]

Re: Solicitor fiddled bill and Legal Ombudsman WONT help

Like I said above, Legal Ombudsman wont help with the issues of the bill because it is out of the time limits.

PlanB: What you have been told by the Legal Ombudsman is wrong. From 1st February 2013 (i.e. this year) the scheme rules changed and complainants now have six years to bring a complaint from the act/omission. Perhaps you've been talking to someone who didn't realize the scheme rules changed recently

See the scheme rules here and go to page 14 paragraph 4.5 (b):

http://www.legalombudsman.org.uk/dow...heme-Rules.pdf

Exactly, PlanB!

Spellkaster - PlanB's post is correct.

IMVHO, you would be wise thoroughly to familiarize yourself with the rules both with the LOS and the SRA (links in multiple posts above) as to what complaints they will investigate and the correct procedure to be followed, if you haven't already. It sounds as if your dissatisfaction goes beyond overcharging and you need to formulate in writing exactly what rules have been broken, how and when.

It seems that not only are you not out of time according to their own rules but also they have the discretion to make some exceptions; what you have to do is present a well-argued and well-evidenced written complaint, having first exhausted the solicitor's own complaints procedure.

It would help people here to help you if you could provide more information (personal details expunged) as to your written complaints and the written responses so far, including timelines. :tinysmile_kiss_t4:

[Spellkaster]

Re: Solicitor fiddled bill and Legal Ombudsman WONT help

I first made aware of the problem of the bill to the Legal Ombudsman in May 2012.

I have as of this week sent them a very lengthy appeal detail with what am not happy about the bill.

The complaint about the bill I have are gross exageration of travelling expenses, charging me for meetings with people I have not met and to whom I can provide a witness to prove this, 11 letters which are very vague as they do not state what 11 letters were in relation to, and 14 hours preparation.

They also failed to provide a breakdown of costs when I first instructed them, all they could do was provide me with an estimate of costs.

When the bill was paid, there was no final breakdown of costs either to show what work was done to incur the fees being charged.

At no time during my dealings with the firm they failed to keep me up to date with the costs.

Am I being reasonable with this?

[MissFM]

Re: Solicitor fiddled bill and Legal Ombudsman WONT help

I first made aware of the problem of the bill to the Legal Ombudsman in May 2012.

I have as of this week sent them a very lengthy appeal detail with what am not happy about the bill.

The complaint about the bill I have are gross exageration of travelling expenses, charging me for meetings with people I have not met and to whom I can provide a witness to prove this, 11 letters which are very vague as they do not state what 11 letters were in relation to, and 14 hours preparation.

They also failed to provide a breakdown of costs when I first instructed them, all they could do was provide me with an estimate of costs.

When the bill was paid, there was no final breakdown of costs either to show what work was done to incur the fees being charged.

At no time during my dealings with the firm they failed to keep me up to date with the costs.

Am I being reasonable with this? IMO you are being thoroughly reasonable - their behaviour is unacceptable - but you do have to follow the accepted protocol on complaints if you are to get anywhere. From what you have said above, you have now put that in train .

Sorry, Spellkaster, have only just spotted the above (directing from your new thread on the subject).

[TUTTSI]

Re: Solicitor fiddled bill and Legal Ombudsman WONT help

Thank you Miss FM for pointing me to the OP's original thread which I was unaware of.

This is the other thread where I posted. http://www.legalbeagles.info/forums/...ll-Help-Please