dispute with solicitor

I was unhappy with the representation of my solicitor at the FDR hearing. I won''t bother going into the details but have paid all my invoices to the firm except the charge for that day. I have written to the firm explaining why I have not paid x amount of particular invoice and I have also written a letter of complaint to the partner of the firm and await a reply. Meanwhile, my solicitor has written to say that he will not carry out anymore work for me until this has been resolved. I have emailed him to say that as all other invoices have been settled I would like him to continue work. I have not had a reply. Can he do this? The divorce and financial settlement should be very near to completion as I accepted agreement on the day of the FDR and have signed the paperwork.

I would appreciate some advice because I am in limbo at the moment. If the partner does not uphold my complaint I will probably contact the ombudsman but see this as a seperate issue.

I had a complaint with my solicitor and rang the ombudsman for advice they recommended not to instigate any complaint whilst he was still representing me. I decided that I had no confidence in my solicitor and thought it was in my best interest to change to a new solicitor mid way through my case - the best thing I did. I had to pay my old solicitors account in full before they would release my file etc... I have now taken up my complaint with the practice involved. I''m not sure the legalities of withholding money and making a complaint against your solicitor whilst you''re still expecting to represent you - it''s an awkward one.
Sorry not much help but hope you get someone who will offer better advice? X

A solicitor is entitled to cease work if bills are unpaid which is fairly reasonable. Coupled with a complaint if I was the solicitor I wouldn''t want to do any more work.

If you are not happy with the work why do you want the solicitor to continue representing you? It baffles me...

Charles

Thank you for your reply. I hope things worked out for you. My difficulty is that the divorce is almost done and dusted. I''ve accepted a poor settlement because the stress and impact of the whole divorce procedure on my life generally was not worth continuing. Also I could not afford to take it to a final hearing.

I had been told that once you pay the solicitor it is harder to claim it back - also when you change to another one, how do you know they''re going to be any better!

Today I have had an email from them with some consessions. It''s been a hard day at work and will consider what they''re saying when I''m less tired.

Thanks again for taking the trouble to reply.

brontejo

A solicitor is entitled to cease working for you if bills are unpaid. All the bills are paid except for one day when he turned up late. Missed most of the hearing. Didn''t attend the pre hearing meeting with barrister and was not at court to tell me where to go resulting in me missing pre meeting with barrister.

If I were a solicitor and behaved like that, I wouldn''t have the brass neck to charge over £1800 for one day. But then maybe that''s why I''m a nurse on £13.50 an hour and sleep well at night.

As for representing me - I wouldn''t wish him on my worst enemy but the divorce is all but over and just needs the ends tying up.

Still baffled?

brontejo

If all bills are paid apart from the last once, it follows that there are unpaid fees - yes?

£1800 for one day - how much of that charge was the barrister?

You may have been told that once paid, it is difficult to challenge a solicitors fees but if your complaint is not upheld, you will be charged interest at 8% or higher depending upon the terms and conditions.

It does sound as thought there is a poor service issue as the solicitor was late which must have led to added stress for you. Whether the concessions offset this is for you to decide. What you could do, is decide how much should be paid and pay that amount. This will protect your position in the event that you are pursued for the balance. Did you have a figure in mind?

Charles

Just for your information I paid approx that figure for my FDR - the Barristers fee was £1300 - the rest I guess solicitors and maybe court fees I don''t know - all I know that Barristers do charge an awful lot. If you''ve made a complaint to your solicitor and you''ve not got a satisfactory answer speak to the legal ombudsman. I have spoken to them on the phone and they are extremely helpful and may offer you the best advice and what to do. If its just tying up loose ends can you get advice on how to finish things yourself? If it was me I would feel a bit awkward if I''d told my solicitor I hada complaint and was going to withold money then expect him to carry on.
Speak to the ombudsman - they are really helpful. X