VERY VERY worried please help

jobbingmusician

Your correspondence is interesting! So you went to him for advice and he suggested a tribunal, and then managed to present the for you tribunal in a way which was (possibly, the tribunal hasn't told you yet) out of time or included some aspects which were out of time?? Is that correct?

It does sound positive for having a case against him - fingers crossed....:D

bikebarbie

Hello J,
I went to the solicitor whilst I was still employed and suffering by the hands of my employer and ex employees. I was following his advice on every step from the moment i instructed him (and that was within days of the "issue" happening at work) to the days before going to tribunal. Two days before tribunal the other side made an offer which would have just covered my legal fees and he advised me to turn it down because I should get more in court.
We were hoping to hear the outcome at the end of the hearing however unfortunately we run out of time, but before the Chairman retired he said something to the effect of "this case is very clear and not much being contented (the other party agreed all the things I complained of) the only question here is if this case was brough in time, I hope you considered this (he said this to my barrister -whom represented me) when you brought this claim to the tribunal."
My barrister has argued that we should be allowed an "extention" which is given in some particular cases.

bikebarbie

On the T&C it states:
"...As you are unable to fund your case, we have agreed to accept payments from you as and when they can be made throughout the duration of your case. Once your matter has been concluded, our final bill will be rendered upon you and payment due in full regardless of the outcome of yoru case within 14 days of the date of the invoice. If I am not mistaken he once explained to me that he is not a qualified "solicitor" but a Fellow of the institute of Legal Executives.
I hope I can come through this. I cant believe that after all the suffering by the hands of my employer now I was just starting to see a way forward, now this is collapsing on me.

smashedbooboo

hi chick, on the phone to my sis. do you have proof he is not qualified. can you pm me name of company you have been using. there is a big difference between being a legal exec and a fully qualified solicitor.

smashedbooboo

Also can you pm some background to all this case. will speak to her again tonight. I am not promising anything but any advice i can get might and i do say might help.

piggeh

Out of interest - I thought there was also a law so that any contracts signed when someone is not in a fit frame of mind, are not valid? ie if the OP is on medication and depressed, etc.

jobbingmusician

THe tribunal said that you might be out of time. Is this because the actions which they did (the ones you complained about) were more than 3 months before you brought your claim? Is it because you left the company or resigned more than 3 months before your claim was submitted by your solicitor? If it was either of those things it does look as if it was up to your 'solicitor' to submit the case in time, or to ensure that you did. (WHo sent the papers in, you or him?) It does sound as if you have a case against him, not only for not paying your bill, but for the full amount of loss that you MAY have incurred in your case if you haven't won it. (Of course, you don't know that yet). I'm afraid I don't know if 'legal executives' are covered by the Law Society in the same way as solicitors are, but I suggest that the advice you were given (on the other thread I think) to write to him explaining that you were intending to take the bill out of your winnings sounds good, and would keep things sweet for the time being. HOwever, you may need to mention to him that you are extremely concerned by the comments of the Tribunal Chair, that you will of course have to make a formal complaint if it transpires that he did not submit the case on time, and you would like a copy of his complaints procedure. I am surprised that his instructions don't contain a section on what to do if you are dissatisfied (or perhaps they do, and you just haven't typed that bit???)

Keep your spirits up, you can see that there are lots of helpful replies already...

peterbaker

Hi bikebarbie

I really hope this will work out well for you and all I can say is try not to worry about the negatives. I understand perfectly what you say about not being able to sleep and eat. It has happened to me for a few days and nights with this kind of worry, but you must not let it happen for more than a few days, certainly not the whole six weeks, because then it would be an unnecessary and serious danger to your health. I am lucky in that I think I have a built-in 'laid-back' mechanism which deals with most stress, and which usually soon enables me to reconcile and dispell the stress and to overcome the sleep and digestion problem that goes with it. If you are not so equipped, then don't be afraid to ask your doctor for particular help with this temporary added stress.

I am a little confused about why your lawyer has billed you now.

Their terms apparently said:

Costs: It has been agreed that you will pay my fees at the conclusion of this business however should this matter proceed to a Tribunal you will be expected to pay disbursements e.g. Council’s (sic) fees.

Personally, I don't think that paragraph is worded well enough to give them the right to charge you anything until the conclusion of business. It is poorly worded, so if anything other than payment at conclusion of the business was intended then it should have been specified alongwith an alternative timescale for it, because as it is, if partial or full settlement was intended prior to conclusion of business, then the quoted paragraph would be misleading. I am sure any barrister will have submitted a bill quite promptly to your legal representatives, but that is their affair unless they got your agreement to pay as soon as he billed, and it doesn't look to me like they did that, even if they intended to.

I think you are quite entitled to gently remind them that the business is not concluded until you have the Tribunal judgement, and thats when everyone gets paid, hopefully by your ex-employer if your legal team do the damned fine job they are billing you for!

So I personally wouldn't cross swords with your legal representatives or use harsh words just yet. You need them to conclude matters in six weeks! Keep your powder dry. I can't imagine they seriously expect you to actually pay their bill before the final hearing. Their accounts payable team might just be trying it on since the barrister's first bill has almost certainly arrived at their office.

Finally, I think that actually a very small proportion of "successful" Tribunal actions actually last until the end of a final hearing. I believe many are literally settled "on the court steps" in the last few hours before the final hearing. Others might actually get part way through the hearing and then get settled during a break!

You have already received one early offer. Turning it down does not mean there will be no further offers, even if they said it did! Lawyers are notorious liars when it comes to negotiating "final offer" settlements.

In fact, as soon as lawyers become involved in negotiated settlements, you become party to a simple game of cat and mouse. The Tribunal hearing itself is just a big scarey obstacle in the end game! Scarier for the mouse I reckon! And you are the cat in this one! So if the mouse knows they are going to be caught and suffer consequences at that final hearing, then you, (the cat!) are actually the one who decides how far to play, or whether to go for the kill (i.e. to ignore all the play on weak offers and to let the Chairman decide). As with all cat and mouse there are risks of mistake and the mouse could just slip away free as the death blow is dealt, but the mouse (your ex-employer) knows that unless they up their offer, they will be grovelling in the same courtroom as you in six weeks time, with journalists in the room too perhaps, and that the only escape is a tiny hole in the corner - a possible technicality, and it is by no means certain that hole is one they can squeeze through anyway!

Personally I think you'll hear some further little squeaks from them a working day or two prior to the hearing! I know that still leaves you 5 weeks or more to sweat, and the other side knows it, which makes it even more galling that they should actually dare to put you through all this. What they don't know is that you understand the game and you WILL get justice.

So in the meantime, try to sit back and understand that good justice will be done, and as you have not done anything wrong, then it should all work out okay for you in the end.

All the very best to you, and above all sleep well. Easy for me to say I know, but I think you can even afford a smile that you have got this far :-)

bikebarbie

Hello all,
thank you for all your good advice and taking time to reply.
I need to clarify a few points. They have sent me a bill for the total work but right now they are demanding me to settle the barrister fees. In the past when we had to aks "council" I had to pay in advance and I took the money out of my c/c but it only happened twice. Before going tothe tribunal my solicitor secured a Barrister that would do the case on a no win no fee and for this reason it would cost almost double if we won because of the risk the barrister was taking if we lost and wherby he would not get a penny. I am not greedy and I didnt have any choice so we agreed, verbally. I dont have any letters confirming how the barrister was appointed and in what terms.
The letter of T&C did not mention anything about complaining procedures.

Also to Peter, I will not go to another hearing the decision will be "deferred" the Chariman will decide a send a letter of the court outcome to my solicitor so after hearing what the Chariman said, the other party now know of our weekness and are most definitely not likely to make another offer.

It was the solicitors fault for being late he submitted my claim and application to the tribunal that's why I am particularly annoyed, not only he may cost me the "moral" case I trusted him to take care of business and i feel betrayed twice as much and to add insult to injury now he is expexting £10K for the bad job he has done!

Trouble is and this is what worries me most, I would not be elegible legal aid because I am employed and who is going to take my case on when I have no money for a legal rep? I earn just enough money to pay my bills, no extravagant lifestyle! Plus will they demand I sell my car, remortgage or sell my car to pay the bill? I am scared to death of the effect this will have on my family.

WNBRich

Hi BikeBarbie,

First of all, can I say how sorry I am that this legal adviser has put you in this state. Please stay calm, because you need to think rationally to deal with the legal profession.

I assume that he is a legal executive. My first question is, does he work for a firm of solicitors? I suspect that he does and that there is a more senior, and more well-paid, solicitor overseeing your case.

I suggest that you speak to your adviser ASAP, and tell him that you cannot afford to pay the bill. You say it's for Counsel's fees ( these are called disbursements). How much is the bill for?

Does your agreement with him state what arrangements he's made to cover disbursements? Has he arranged insurance cover to cover disbursements?

It seems that you may need to complain to the Legal Complaints Service on the basis that he has not done what you instructed him to do ie bring your case before the ET within the timescales, or else he has involved you in unreasonable delay.I suggest that you give the Legal Complaints Service a ring on their helpline 0845 6086565.

Finally, does the bill mention your right to request a Remuneration Certificate?

Hope this helps a little.