Solicitor won't release file? Any advice? Car accident claim

joe565

Hello

I'm posting on behalf of a friend. She was involved in a road traffic accident and was very happy with her solicitor, however, due to personal reasons he had to leave work.

My friend went to a new Solicitor who she wasn't really happy with. A few months ago her original solicitor wrote out to her saying he is now back working again.

So she contacted him as she wanted to go back to him so she signed a 'Form of Authority' instructing new Solicitor to release her file.

As expected the new Solicitor has issued a ridiculous Bill of Costs. Not disputing she shouldn't be paid but the costs is outrageous for all that's been done on the case.

The original Solicitor is keen to get back on the case and has said he may have to take this Solicitor to court re the file.

My friend is quite anxious about it all and was never happy with the new Solicitor and wishes to go back to the original one. Not sure if anyone can offer any advice.

marliepanda

I'm not a legal expert, but are you saying your friend wants her solicitor to hand over the work she has done to a new solicitor without being paid for it?

I'm sure you can easily see why this won't happen. What was the agreement over cost at the beginning?

DoaM

marliepanda wrote: »

I'm not a legal expert, but are you saying your friend wants her solicitor to hand over the work she has done to a new solicitor without being paid for it?

Clearly not:

joe565 wrote: »

Not disputing she shouldn't be paid but the costs is outrageous for all that's been done on the case.

No idea how to help the OP ('s friend) ... as she already has a (new) solicitor then he is probably best-placed to advise.

pmduk

OP, as your friend has a solicitor acting for her, I doubt whether you'll get any better advice from strangers on a forum.

MovingForwards

Personal injury work does cost money to firms, it involves them sourcing drs to examine someone, then agreeing who to instruct, the dr expects to be paid for his/her service, prior to that obtaining medical reports from gp/hospital/physio/other treatment this costs money which has to be paid by the firm.

In top of the above you have the hourly charge out rate (mine used to be £189ph which didnt go into my pocket but the firms' accounts), varies depending on qualification(s), experience and location.

Has your friend read through her T&Cs to give her an idea of the firms charges and how to move firms as it should be listed (again, it was in the firms I have worked for).

Yes, you are entitled to move solicitors partway through.

The person your friend wants to move to is more than welcome to make a promise to his old firm to recover their costs to the date he takes over.

If he has set up on his own then his promise may be a bit shaky compared to him joining an established firm (but would the firm want to make that promise).

The firm who currently hold the file need to be paid either now or accept the promise.

The other difficult thing, which is not your friends problem, is most law firms have it in their contract not to poach clients (and colleages) for a certain period of time; generally 6 months. So he may be leaving himself open for being in breach of contract.

steampowered

Did your friend sign a 'no win no fee' agreement?

If so, that agreement will almost certainly say that the solicitor is entitled to be paid on an hourly rate for the work done if your friend withdraws the claim.

It would be extremely unfair for a solicitor to do work on a case under a 'no win no fee' arrangement, only for the client to withdraw the case or to move the case to another solicitor.

Solicitors are entitled to retain client files until they have been paid.

I am afraid that if your friend has signed a 'no win no fee' type agreement, they will almost certainly be better off staying with their current solicitor - whether they are happy with that solicitor or not. Your friend should read that agreement carefully before doing anything further.

marliepanda

DoaM wrote: »

Clearly not:



No idea how to help the OP ('s friend) ... as she already has a (new) solicitor then he is probably best-placed to advise.

Clearly not... yet the bill remains unpaid and they’re talking about taking them to court?

If the cost is unfair dispute the cost. I can’t see their agreement, but she will be due something. Outrageous does not mean ‘incorrect’

DoaM

I'm not disagreeing - I simply outlined that the OP was not saying that the "friend wants her solicitor to hand over the work she has done to a new solicitor without being paid for it".