Can my solicitor do this?

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spearmont
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Can my solicitor do this?

Post by spearmont » Sun Jul 28, 2013 9:07 pm

Hi, We are currently in a dispute with our neighbours about a right of way that they have blocked. We have a solicitor, and he is in the process of moving companies at the moment and he has just emailed us a letter to say that his new company don't want to take on the case as we have a conditional fee agreement and they say the law has changed since April and they don't want to know, now he want's paying. What we need advice on is can he do this? Surly if we signed an agreement he either has to see it out to the end? We feel completely stuck and out of our depth.

arsie
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Re: Can my solicitor do this?

Post by arsie » Sun Jul 28, 2013 9:15 pm

I would say that if you had a conditional fee agreement of the 'no win no fee' type then he is owed nothing.

if your agreement differs from this simple formula, things may be different.

It all depends on the wording. Please show us!

spearmont
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Re: Can my solicitor do this?

Post by spearmont » Sun Jul 28, 2013 10:31 pm

Ok This is the agreement......


CONDITIONAL FEE AGREEMENT-NO WIN-NO-FEE

This agreement is a binding legal contract between:

You and *******Solicitors

Before you sign, please read everything carefully. This agreement must be read in conjunction with the Law Society document "What you need to know about a CFA"

Agreement date: 15th October 2012.

We, the solicitors ***********

You, The Clients ************

What is covered by this agreement.

Your claim for injunctive proceedings against your neighbours in respect of enforcement of your right of way across their property along with damages.

Any other proceedings or applications in conjunction with your injunctive proceedings.

Any proceedings you take to enforce a judgement, order or agreement.

Negotiations about and/or a court assessment of the cost of this claim.


What is not covered by this agreement.

Any counterclaim against you other than arrears or other monies alleged to be due under the terms of your credit card agreement.

Any appeal you make against the final judgement order.


Paying us

If you win your claim, you pay our basic charges, our disbursements and a success fee. You are entitled to seek recovery from your opponent of part or all of our basic charges, our disbursements, a success fee and insurance premium as set out in the document "What you need to know about CFA"

It may be that your opponent makes a part 36 offer or payment, which you reject on our advice, and your claim for damages goes ahead to trial where you recover damages that are less than the offer or payment. If this happens, we will not add our success fee to the basic charges for the work done after we received notice of the offer or payment.

If you receive interim damages, we may require you to pay our disbursements at that point and a reasonable amount for our future disbursements.

If you receive provisional damages, we are entitled to payment of our basic charges our disbursements and success fee at that point.

If you loose you remain liable for the other side's cost's.


The success fee.

The success fee is set st 100% of basic charges. The success fee inclusive of any additional percentage relating to postponement cannot be more than 100% of the basic charges in total.


Other points.

The parties acknowledge and agree that this agreement is not a contentious business agreement within the terms of the Solicitors act 1974.

Signatures......

duvet
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Re: Can my solicitor do this?

Post by duvet » Sun Jul 28, 2013 11:16 pm

don't the original company still want the work?

arsie
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Re: Can my solicitor do this?

Post by arsie » Sun Jul 28, 2013 11:22 pm

This agreement makes reference to "What you need to know about CFA". Does that specify what happens if the solictor backs out?

mugwump
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Re: Can my solicitor do this?

Post by mugwump » Mon Jul 29, 2013 5:57 am

Unless the solicitor is explicitly named then I read that as the contract is with the firm and not an individual solicitor.

Roblewis
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Re: Can my solicitor do this?

Post by Roblewis » Mon Jul 29, 2013 10:52 am

CFAs are always with the law firm not the individual solicitor. Ask to see the senior partner of your solicitors and agree for a new person to take over. If they breach the agreement by withdrawing then there is no fee due from you - the solicitor leaving is not in the standard T&Cs as a reason for the agreement to be terminated but cheeck your agreement copy carefully.

There have been recent changes and Conditional Fee Agrrements are replaced by Contingency Fee Agreements. Existing Agreements continue to a final court decision but all agreements post April 2013 have to be to the new model. In the new agreements solicitors are limited to claim 25% of any damages as a success fee plus their base hourly costs. Previusly they could charge up to 100% of their base hourly costs as a success fee, depending on the original evaluation of success risk. Contingent fees are the model used in the US and have led to very high claims, for some reason our govt believes it will lower claims costs.

despair
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Re: Can my solicitor do this?

Post by despair » Mon Jul 29, 2013 12:10 pm

Rob

In the USA its not that simple as I have first hand experience of having to deal with a claim for a family member

Lawyers there even on contingency basis can claim all of their costs from the clients settlement
This amounts to a lot more than 20%

plus in many states especially Florida drivers can limit Motor insurance cover to say $50K per accident which can leave seriously injured people in very dire straits because then lawyers do not want to take the case leaving the injured party to deal with umpteen changes of insurance handlers and every kind of delaying tactics
Hire Car Companies are also a nightmare to deal with
Medical fees are paid 3 years down the line and the injured are expected to negotiate fees way down
Hence Tourists often receive nothing

mugwump
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Re: Can my solicitor do this?

Post by mugwump » Mon Jul 29, 2013 6:22 pm

despair wrote:Rob

In the USA its not that simple as I have first hand experience of having to deal with a claim for a family member

Lawyers there even on contingency basis can claim all of their costs from the clients settlement
This amounts to a lot more than 20%

plus in many states especially Florida drivers can limit Motor insurance cover to say $50K per accident which can leave seriously injured people in very dire straits because then lawyers do not want to take the case leaving the injured party to deal with umpteen changes of insurance handlers and every kind of delaying tactics
Hire Car Companies are also a nightmare to deal with
Medical fees are paid 3 years down the line and the injured are expected to negotiate fees way down
Hence Tourists often receive nothing
What have US laws got to do with this? We are talking UK law not US

despair
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Joined: Mon Mar 14, 2005 7:07 am

Re: Can my solicitor do this?

Post by despair » Mon Jul 29, 2013 7:00 pm

mugwump

if you read Rob Lewis message properly you might understand the situation that is coming to the UK via USA

My posting is simply a warning of what we might expect

hzatph
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Re: Can my solicitor do this?

Post by hzatph » Mon Jul 29, 2013 11:27 pm

mugwump wrote:Unless the solicitor is explicitly named then I read that as the contract is with the firm and not an individual solicitor.
+1

Tell him where to go!

Conveyancer
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Re: Can my solicitor do this?

Post by Conveyancer » Tue Jul 30, 2013 10:11 am

I suggest you post your question here: http://swarblaw.co.uk/viewforum.php?f=2 ... 9b4a00d9f6
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