Fixed fee agreement with solicitor - not happy

Quietey

Hi I'd be so grateful for any advice anyone can offer about contesting the charges that I paid upfront on a fixed-fee agreement to a solicitor.

I have paid for three hearings as above in a child residency case and strongly feel that, while I am at fault for not asking the right questions in the first place, I was taken advantage of at time when I felt very vulnerable. I told the solicitor that I was being assisted by the local Womens Centre and was awaiting counselling. Now that three hearings have taken place I cannot see how the fixed fee for each hearing in any way relates to the work that was done and was not an advantageous deal at all - quite the opposite - and I feel that my solicitor was well aware of this.

I have made the decision to change solicitor - reluctantly at first as I thought this might reflect badly on me - and now feel a lot clearer about how to proceed for the estimated three hearings ahead. Initial discussions suggest that the costs ahead are likely to be vastly lower with the new solicitor.

I now really want to contest the fees I paid to the first solicitor - do I have a leg to stand on? I think this is a battle for a future date as I really don't want further worries at present.

Some background for anyone who has read this far and wants to read further is as follows:

I needed a solicitor in a hurry after leaving an abusive relationship and having reported threats to the police. My daughter and I left home while I applied for an emergency prohibited steps order. I was in a bit of a state and needed to find a solicitor in a hurry, and found that I wasn't eligible for legal aid - I work full time and my income is just over the threshold. We were away from my home town staying with friends so everything was done over the phone. The solicitor I chose was on a list supplied by the CAB. I didn't think to ask detailed questions about costs, I just asked whether their fees were competitive and was told they were, and I was offered a fixed fee agreement. Stupidly, I assumed this was good value for money without asking any further questions.

The prohibited steps order was granted, and I stayed with the same solicitor for the next 2 hearings but recently could not ignore nagging doubts. Initially my doubts were about the service I was receiving, however I then began to question the fees of 2k plus VAT for each of the 3 hearings, a total of 6k so far with an estimated 3 hearings ahead. This is a vast amount of money for me which I will be paying for over years ahead.

The problem is that I can't see how the fixed fee rate possibly equates to the hourly rate which would otherwise have been charged. I have only had a couple of very brief meeting, several brief phone calls and 2 letters throughout. The hearings have been very straightforward and have involved a maximum of 2 hours at court including waiting time and discussion afterwards. The statement prepared by my solicitor for the first hearing was an abbreviated version of information I had e-mailed to him, as I thought this would be more accurate than a lengthy phone call. The solicitor has not prepared any reports, the one report so far was prepared by Cafcass. My solicitor seemed unprepared each time and when I have asked for advice has been curt and unhelpful. I have also found him unprofessional eg he commented that the other parties solicitor was a "very stupid woman", and he raised the matter of wanting a psychiatric report on my ex in court despite me saying before the hearing that I didn't want this. Luckily the judge said no to this.

I was pursued very "assertively" for fees upfront each time which I paid without hesitation. For the next hearing I asked whether I it might be better value to pay on an hourly rate and his answer was "I cannot advise on this" and that it was up to me to make the decision. I asked how many hours it was likely to involve and he didn't really answer this question.

A few days ago I asked for a detailed breakdown of costs paid so far. My solicitor pointed out that I had signed a fixed fee agreement and I replied that I was aware of this but I would still like to know how my money had been spent.

Thank you so much to anyone who has read this. I eagerly await any responses, whatever they might be.

pinkshoes

I am afraid I cannot see how the solicitor is at fault here. They have done the work agreed for the price you agreed. Yes, the fees do seem to be extortionate for the work actually done, but as they have done all that is necessary so far, then you have no case.

Switching to a cheaper solicitor now you know this is an option is no doubt wise.

Unless the solicitor has actually done something wrong, then you just need to put this down to experience.

Sorry.

bris

The work is done in the back ground, by changing solicitor you have wasted most of this work.


Your new solicitor should now write to your old solicitor for the case files, this would save some hours for the new solicitor as there may be common ground already covered.


You have no case but if you feel strongly enough then your next step is a complaint to the SRA who police solicitors.

tomtontom

You don't realise how the brief meetings, brief phone calls etc mount up - each one will require prep time and actions after the contact. The cost does seem high but it is difficult to compare unless you know their hourly rate, which could be anything from £150 to £400, possibly even higher.

Quietey

Thanks to the three of you for your replies and for telling it as it is without being too blunt. Am feeling better for using this site as a sounding board. I've also since seen the sticky for this thread which advises brevity - oops.

On a positive note I've got the outcome I wanted so far and at least the amount i'm aggrieved about is only the amount of my perceived overpayment, not the full amount.

Neither the company nor the solicitor are on the Good Lawyer Guide website though - is this a reliable site?

Tomtontom - you mentioned hourly rates. In this case the hourly rate equates to 10 hours work per hearing. In my eyes half an hour in court, an hour and a half waiting and travelling to court max, one half-hour meeting, and a max of four brief phone (less than 5 mins each) calls surely adds up to five or six hours work including behind the scenes stuff?

Also - before deciding to change solicitors - I asked my solicitor whether or not the next hearing would work out more cost effective on a fixed fee basis, and how many hours work would it be likely to involve. His response was "I cannot advise on this". I now believe that this is basic information that should be provided on request. Before I took out the fixed fee agreement I asked whether it was a good deal and was told it was, but I was not given any information about hourly rates and likely hours involved.

Regarding fees already paid - I have requested a detailed breakdown, am I entitled to this given that I paid on a fixed fee basis? Am I likely to be charged for this, or should I make it clear that I don't expect to be charged?

Still not brief but what the heck. Thanks again in advance.

tomtontom

The Good Lawyer Guide is little more than advertising, it is not an indicator of whether someone is any good or not.

You can ask for a breakdown of his work , in terms of a breakdown of fees there is none, you paid £2000 for everything relating to the hearing.

The beauty of a fixed fee arrangement is that it covers (nearly) all eventualities - it may have been far cheaper than paying on an hourly rate, unfortunately in your case it seems it was not.

The sol cannot advise whether paying on an hourly basis will be better because they do not know what may happen in the course of the case. If things become complex and they work more hours, you would be better off with a fixed fee. No one can predict the future, not even well paid sols

hollydays

I know you say an hour and a half waiting and travelling to court, but many court cases don't start at a fixed time. The solicitor may not know if he's going into court at 10.30 am if he's second on, or at 1.30 if the first case drags on. This is still time that has to be set aside from his diary.
Solicitors aren't necessarily known for their smiley cheery manner..

AnnieO1234

Solicitors charge in units, one unit is six minutes. Technically a solicitor could make 12 thirty second calls in six minutes actual time but charge for 12 units. This really only occurs with green wet behind the ears types and certainly wouldn't happen with an equity partner.

X

Bantex_2

If the solicitor had had to do 10 times the expected work, would you have offered to pay extra?