Solicitor Demands Payment

KeithP

gordikin wrote: »

The OP has not mentioned any detail (other than costs) of what was in the document that was signed.

Well, in post #3 the OP did say...

simmo82 wrote: »

The agreement also states that no work will take place before they recieve this £1000 as well.

Probably reasonable to deduce that no work should have yet taken place, don't you think?

marleyboy

I thought if you were out of work, you were entitled to legal aid, however it sounds to me like he is trying to pull a fast one, I cannot imagine him successfully getting past a judge should he try to pursuit her for it.

Equaliser123

gordikin wrote: »

...it would, MUST, MUST, MUST...but did it? Do you KNOW it did or are you just assuming it did? OP didn't give any details

It is a fair assumption if there is a letter of engagement as they HAVE to follow the Rule 15 requirements set out by the SRA (Law Society).

They cannot pursue a claim for fees without it.

It also becomes a professional conduct issue.

pinkshoes

How long between her signing the contract, and you email to cancel? About 5 hours by any chance??

Tell him you'll pay him for his 30 minute visit. IF he wants more than that, he needs to provide the evidence of all work carried out.

Equaliser123

pinkshoes wrote: »

How long between her signing the contract, and you email to cancel? About 5 hours by any chance??

Tell him you'll pay him for his 30 minute visit. IF he wants more than that, he needs to provide the evidence of all work carried out.

Very normal for a solicitor to have conducted pre-meeting work which would be chargeable if instructed.

However, I maintain 5 hours is excessive and, subject to the engagement letter, is not claimable.

AsknAnswer2

The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008

Equaliser123

AsknAnswer2 wrote: »

The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008

Doesn't necessarily prevent the solicitor charging for work performed up to cancellation.

Apples2

Sue the Solicitor for harrassment

Freddie_Snowbits

Equaliser123 wrote: »

Very normal for a solicitor to have conducted pre-meeting work which would be chargeable if instructed.

A solicitor cannot do any work until they have been retained by the client. This then allows the solicitor to act for the client. Until this occurs, there is no contract on either part.

The solictor will then tell you how much they charge, per hour, which is exclusive of VAT. They then take a deposit, security at this point. When the present accounts, these will be detailed, usually in decimal hours of 6 minute periods. OP, you should ask for this account to be provided.

Note, the solictor may charge their time for this. Any work up to the engagement meeting is not charged. You will then have to pay this bill in full. After this, you will be entitled to your deposit back, plus any interest earned on the deposit.
(Mine cost £250 an hour +VAT and gave full detailed accounts)

Equaliser123

Freddie_Snowbits wrote: »

A solicitor cannot do any work until they have been retained by the client. This then allows the solicitor to act for the client. Until this occurs, there is no contract on either part.

The solictor will then tell you how much they charge, per hour, which is exclusive of VAT. They then take a deposit, security at this point. When the present accounts, these will be detailed, usually in decimal hours of 6 minute periods. OP, you should ask for this account to be provided.

Note, the solictor may charge their time for this. Any work up to the engagement meeting is not charged. You will then have to pay this bill in full. After this, you will be entitled to your deposit back, plus any interest earned on the deposit.
(Mine cost £250 an hour +VAT and gave full detailed accounts)

Pre-engagement (preparation) work can be chargeable. The firms I have worked for (all top 20) always do.

Interest will not be payable on this amount of deposit. The SRA sets out rules upon when interest is payable on a scale depending on the amount and time held and whether it has been held in client account (in anticipation of fees) or office account (for payment of fees).