SOLICITORS REPRESENTATION & COSTS

my friend asked me to take of my question - i love my buddy so i have usign editing. sorry anyone wasting time reading and to amanda.

Hi there

The short answer is no.

If she is not paying fees she is not paying fees, she doesnt get a credit for doing this.

As for the sols billing her and then her not paying - during financial matters a Form H has to be filed showing the costs to date. If she is represented a solicitor has to sign this form. If the bill is in effect a sham the solcitor is likely to get struck off and possibly face criminal charges as he has firstly misled a court, he has assited her to obtain a pecuniary (monetary) advantage and possibly assisted in a fraud. I am sure much as the solcitor likes your friend, he or she would not put that much on the line for her, and I am sure she wouldnt expect that.

Finally, in terms of him attempting to run up his costs - they are simply that - his costs. If he wants to blow his share by trying to play silly games then simply that is his problem. If he did it and she was also paying solicitors, he would then be facing a claim for him to pay hers too on the basis of his "litgation conduct".

Amanda

Thax 4 tht. My friend has seen my post and new it was me from my name. not happy that i ask question. I came on as she is always on here. Says does not want to use them becuase does not need to get into any soliciotrs ranglings full stop not for money when could do job self. gud of you to answer so cheers.

Hi, I was really interested to read this. I have run up solicitors bills of nearly £14k and have only just had first hearing!!

My x2b has had 1 or 2 sols and self repped although he had someone in court with him off internet or something think he was more likely a company sol.

Can I claim back any ofthis money as it has been run up due to his bad bahaviour and not answering questions or letters and generally being difficult or do I have to face that I have now lost all my savings?

Can't get areasonable response from my sol. Also would prefer to settle before a big court battle as have no money left and very little will to live.

Thanks

Hi there

14k to get to a first heraing?

You can make a claim for costs under "litigation conduct". To suceed, the conduct in question has to be so "gross and obvious" that the court cannot ignore it. Unfortunately, what is gross and obvious comes down to the interpretation of the judge on the day (and it is decided at the final hearing, not as you go along).

If you do not suceed, you may want to ask for taxation of the bill, which is where a very detailed bill of costs is drawn and a judge determines if the charges are fair.

Amanda

At the first meeting I was told at least £10,000 if all went well. It didnt, £25.000 for me £45,000 other party (legal aid). Total cost £70,000. my share of the equity £47,000 from a total equity of £250,000.

28% to the legal profession
!8.8% to me
53.2% to the other party



FLAT RATE FEE DIVORCES an absolute necessity!

Can I clarify something please regards costs. Each side is responsibe for their own costs got that. Do the costs get taken out of the pot before it is split? If not, he masses a 15k bill and my solicitors is cheaper at 5k - would he get more equity as his costs are more when it comes to finances. Also, solicitors costs on account - if he gives his 5k then that money will be matrimonal money surely so is coming from matrimonal pot.
Also what is this form H business??