Where do I stand? Law firm moving goalposts.

CP26

I am nearing the end of the road for my divorce and the last thing on the list was a Consent Order to tie up the finances.

So far I have done everything DIY with no issues but knew I needed a solicitor for this last part.

I contacted a local firm and received emails from their family law solicitor. We agreed a fee for a described level of service and I said I would make a decision about whether to proceed and get back in touch in the New Year when my ex and I had compiled all the information we'd need.

I emailed the solicitor directly on Monday restating my service requirements and confirming the fee. I also said I was going ahead with his services based on this and provided him with the information he would need. He responded within hours with a draft of the order, a request to have a telephone call with me and to be sent a copy of some ID to open my file.

I replied immediately supplying my availability for the phonecall and stating I that would send over the ID later that day which I then did.

I heard nothing until this evening when a paralegal emailed me to say that the solicitor had left the firm and she had been passed my case file. She stated her fee per hour and said that my ID copies needed to be certified by a solicitor or I could "pop in" to the office to have their admin take a copy.

I have responded in shock as I had no clue the solicitor was about to flee the firm and stating that I'm not happy to proceed based on her current offer as I believed another agreement was in place.

Where on earth do I stand? I'm very reluctant to go ahead at all as my faith in the firm has been damaged and it now looks like they want to charge me way more than agreed. However I guess they may feel that I have accepted their services because the solicitor has supplied me with a draft.

Please help!

Slowhand

In what way exactly have they moved the goalposts?

CP26

Fixed fee agreed to provide service a,b,c - service to be provided by a solicitor.

Paralegal emails to say solicitor has left firm and she has been given my file to manage. Her stated hourly fee is different to the fixed fee I agreed with her colleague, she is also a paralegal not a solicitor. No quote has been given for her to provide the service I originally asked for, she has just stated an hourly rate.

If I continue, based on her email, it looks like she will charge me an hourly rate rather than the fixed fee I had already agreed. One hour is almost as high as the fixed fee.

Apologies if goalposts isn't the right term to use but this is the first time I have dealt with a law firm at all so I'm very confused at the moment. Feeling quite stressed and upset by it all as I just want this whole divorce behind me and I don't have a lot of funds hence doing it DiY so far.

WestonDave

The ID stuff is pretty normal otherwise you could just supply anything - you'd need it either to be seen by someone in their office who can confirm that the photo on the passport is of you standing their next to them, or pay another solicitor to certify the same. No real way round that as the alternative is an online ID check which would cost as well (not all firms have access to that).

The solicitor leaving the firm is not normal - most will be on 3 months notice under normal circumstances and most would not be taking on new work within that period precisely to minimise handover issues as you describe. However its unlikely you will get anything more on that due to confidentiality issues.

In terms of the service - if you've agreed with the original solicitor a service for a certain fee, I'd go back to them and ask them to stick to that agreement or you will take the work elsewhere as you have not agreed to pay an unlimited fee based on an hourly rate. I think in the circumstances described the firm will be reluctant to start a row with you and on the face of it if they did push it, I'd say it was worth a poor service complaint to the legal services ombudsman if they won't resolve it internally. First stage is to explain what was agreed and ask them to stick to it. Second is ask for details of the complaints procedure and use it. Finally use the Ombudsman service.

marywooyeah

By any chance did you receive a terms of engagement letter? In any case it doesnt really matter youve formed a contract for a fixed fee and that's that, the firm will need to honour that contract and provide the services agreed for the figure quoted. Paralegals assist solicitors and have their own charging rates so the file will have been passed to a new fee earner, but this cannot override the fixed fee agreed . Ask to soeak to the supervising solicitor of this paralegal to get it resolved, its more than likely that the paralegal has just sent you out a standard charge sheet without realising a fixed fee was agreed.

Hope you get on ok x

CP26

Thanks WestonDave.

I understand the ID thing...this is more of an annoyance and a massive inconvenience as I can't actually get to any of their offices during normal opening hours. If the solicitor has explained this in our initial emails I might have reconsidered their firm and picked one down the road from work or close to home so I had a better chance of getting in. Surely they also should have obtained this before they did any actual work for me?

Their twitter account tweeted today that the solicitor is working for them (promo style tweet) so it's very odd that within hours he is not working for the firm. His profile has also gone from their website.

CP26

Marywooyeah - I've had no terms of engagement or t&cs from the solicitor at all. He didn't even mention that he would send me any, or send any attached to his emails. All I have is our email trail to prove we agreed anything.

The paralegals email is very short. It says he has left, she has been given my file p, her fee is £/hr plus VAT and I need my ID certified. Then to call her if I need more info. There is no charge sheet or even an estimate for the service I wanted.

marywooyeah

It t doesn't really matter, you've got the emails showing the agreement so the firm will have to honour it. Sounds like the paralegal has just sent you a generic email out. Don't lose any sleep over it just call to speak to her supervisor tommorow.