How to claim back solicitors fees when entitled to legal aid?

essex_girl · 5 October 2019 at 5:26PM

Hi can anyone advise what to do. Charged and paid £1,800 for solicitors fees when unemployed and entitled surely to legal aid! How can I complain about company and what should u write. Should I say I am taking you for e.g to small claims court and upload copy county court summons.
This friend of mine is ill and had been on income support for years and I have proof he paid it.
Anyone know how I report this solicitor etc. He didn't even turnup to the final hearing and lost the case and was evicted from flat but council have given him emergency temporary housing.

Any help greatly appreciatef

[Deleted User] · 5 October 2019 at 5:32PM

essex_girl wrote: »

entitled surely to legal aid!

Did you tell them this before you engaged them? What was their response?

Did the solicitor you chose definitely work under legal aid?

elsien · 5 October 2019 at 5:35PM

You appear to be guessing you were entitled to legal aid.
Legal aid eligibility has been drastically cut in recent years.

What was the legal aid for and have you properly checked your eligibility? Did you actually apply for it at any point?

ETA - your post is very confusing but did you mean your friend should havad had legal aid? If so, he needs to check and he need to complain, not you.

essex_girl · 5 October 2019 at 7:36PM

It was for a possession order. They were a couple on a joint claim for ICS she got sick and they split...She got a solicitor and hers was legal aid ..sorry if post wasn't clear..I'm just trying to help him.. any advice greatly appreciated

lincroft1710 · 6 October 2019 at 3:38PM

A solicitor is entitled to bill their client for the work they have done. They cannot be taken to small claims court for issuing a bill for their services. You can complain about the quality of their work if you do not believe it was up to standard. Firstly the complaint should be to the senior partner of the firm and if no satisfaction either the Legal Ombudsman or the Law Society

Your friend has to apply for legal aid before he instructs the solicitor and make the solicitor aware this is a legal aid case. I do not think legal aid can be authorised after a court case.

Bossyboots · 6 October 2019 at 7:13PM

lincroft1710 wrote: »

Your friend has to apply for legal aid before he instructs the solicitor and make the solicitor aware this is a legal aid case. I do not think legal aid can be authorised after a court case.

It is in fact the solicitor who applies for legal aid after taking instructions from the client. Only authorised firms can apply for legal aid. There may or may not be a charge for the first meeting, this depends on what authorisations the firm has.

It is no longer the case that finances alone passport someone onto legal aid. There is also the merits to be considered and these have been tightened up. It would be useful to know what year the OP is talking about.

The most crucial thing may be whether the firm in question even undertook legal aid at all. A firm that undertakes legal aid is supposed to check the client's eligibility at the outset but there is nothing to force them to do that. However, a firm who do not offer legal aid are under no obligation to direct potential clients to one that does. Also, an experienced practitioner knows whether a case meets the merits criteria or not once a case has been explained to them.

It is a reflection of the times that one side can be given legal aid and not the other.

How to claim back solicitors fees when entitled to legal aid?

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