Solicitor demanding extra money after final bill settled

Saddlerstu

My partner got divorced earlier this year and used a solicitor. Solicitor issued a final bill, which was settled in February this year. Solicitor has been in touch and is now demanding an additional payment due to an error they've just identified on the bill (although they aren't clear on exactly how much, figure keeps changing)
If a final bill has been issued and settled, can someone come back and ask for extra? My understanding is a final bill was exactly that, final

Comms69

You are incorrect. If money is due, it's due. Admin errors dont count.

SunnyUpNorth

They can ask, but personally I think it's tough. How much extra (roughly, I know you mention that the figure keeps changing)? What was the original quote for the work - was it the same amount as that originally invoiced (did it seem especially low when the invoice came in)? I am also a solicitor and wouldn't dream of issuing a subsequent invoice 8 months after the event, especially if it was my mistake. It's their error and their problem, so far as I can see. If they push the issue, you should ask for a breakdown of time costs (the fact the number keeps changing doesn't exactly inspire confidence) and an explanation as to why it's only been identified now. Potentially it's a disbursement, which means it's a bill from a third party which the firm has to pay and then reimburse from you, but that cost should have been flagged at the time and would also be for a fixed amount now (and I would have probably expected them to get those costs up front anyway). I'd also then be complaining to the matter partner as this isn't really acceptable - no wonder solicitors get a bad reputation with behaviour like this. 

Saddlerstu

Comms69 said:

You are incorrect. If money is due, it's due. Admin errors dont count.

Final bill was issued and settled fully 9 months ago, but they don't seem to be consistent with how much extra they are asking for, why they are asking for it, or what the admin error was. Very confused on what our current standing is when they don't seem able to explain why they've billed incorrectly

Saddlerstu

SunnyUpNorth said:

They can ask, but personally I think it's tough. How much extra (roughly, I know you mention that the figure keeps changing)? What was the original quote for the work - was it the same amount as that originally invoiced (did it seem especially low when the invoice came in)? I am also a solicitor and wouldn't dream of issuing a subsequent invoice 8 months after the event, especially if it was my mistake. It's their error and their problem, so far as I can see. If they push the issue, you should ask for a breakdown of time costs (the fact the number keeps changing doesn't exactly inspire confidence) and an explanation as to why it's only been identified now. Potentially it's a disbursement, which means it's a bill from a third party which the firm has to pay and then reimburse from you, but that cost should have been flagged at the time and would also be for a fixed amount now (and I would have probably expected them to get those costs up front anyway). I'd also then be complaining to the matter partner as this isn't really acceptable - no wonder solicitors get a bad reputation with behaviour like this. 

Figure changes between £1000 & £1300, but they haven't yet provided a breakdown of where or why to us. I wasn't personally in the meeting, but have had a very upset partner say the solicitor demanded a payment plan inside the next 2 weeks otherwise a debt relief company would become involved. Believe the quote and final bill were consistent with each other, so wasn't noticeably low

[Deleted User]

Hi,

ooh, , he maybe won't be finally divorced until the final bill is finally settled. 

AskAsk

they do have the right to ask for payment if there is a legit error on their part, but they would need to prove it.  ask that they clarify in writing what the extra money owed represent.

SunnyUpNorth

Has the solicitor issued an additional invoice which has is unpaid, because it doesn't sound like it. Otherwise how can a debt collector be involved (until an invoice is raised there is no debt owing). You/your partner need to get to the bottom of what this additional cost is because otherwise, they have provided a service for which the scope and quote was agreed at the outset (I presume), invoiced it and that invoice has been paid (I presume). That should be the end of the matter. If they are now telling you their quote was wrong, they need to charge more, this is something they should have raised back when the matter was "live" and before the additional costs were incurred. If the original solicitor is not being very helpful and threatening debt collectors, find the original engagement letter and get the details of the partner who deals with complaints and speak to them. 

Saddlerstu

SunnyUpNorth said:

Has the solicitor issued an additional invoice which has is unpaid, because it doesn't sound like it. Otherwise how can a debt collector be involved (until an invoice is raised there is no debt owing). You/your partner need to get to the bottom of what this additional cost is because otherwise, they have provided a service for which the scope and quote was agreed at the outset (I presume), invoiced it and that invoice has been paid (I presume). That should be the end of the matter. If they are now telling you their quote was wrong, they need to charge more, this is something they should have raised back when the matter was "live" and before the additional costs were incurred. If the original solicitor is not being very helpful and threatening debt collectors, find the original engagement letter and get the details of the partner who deals with complaints and speak to them. 

No additional invoice yet. Call from the solicitor was completely unexpected after the final invoice was settled in Feb, as there had been no contact since the bill was paid. Think they were maybe trying some scare tactics with the debt company as partner mentioned she'd raised with CAB and solicitor's demeanour changed after that. Will definitely look into the complaints partner though

Comms69

They have 6 years to claim any money owed. Ofcourse they should explain it. They dont technically 'have to' but they would need to if it went to court, so they may as well. 

pphillips

Comms69 said:

They have 6 years to claim any money owed. Ofcourse they should explain it. They dont technically 'have to' but they would need to if it went to court, so they may as well. 

Still, solicitors have professional conduct rules they have to follow. I'm pretty sure solicitors aren't allowed to issue a customer with a final bill and then, after it's settled, demand more money with the threat of debt recovery if their demands aren't met.