# Solicitor Fees



## joeschmoe (7 Jun 2011)

Hi all,

I was involved in a RTA almost three years ago, rear ended from a stationary position. Other party 100% at fault. I suffered injuries to my back and have I am still experiencing difficulties.  

A solicitor friend of the family has been representing me through the process. The arrangement wasn't as formal as it should have been and now the "friend of the family" is no longer as trusted as he once was (i.e. now he is an ex), and unfortunately I still have him representing me. 

There has been back and forth communication which the solicitor has been processing on my behalf. There have been one or two gp medical reports requested on my behalf, the last of which I had to pay for myself "due to recent economic pressures".

I was offered 5k 2.5 years ago from the insurance company but was advised to refuse. 

Basically, long story short, I have no idea what kind of fees I should be expecting to pay if and when this finally gets sorted out. I understand that the total fees can depend on a lot of variables and that I should have been up front and requested more information on applicable fees. I did not make this clear initially and now feel very exposed. 

Before I ask the solicitor to confirm the fee structure now, can anyone provide typical fee structures that I can use as a frame of reference? (e.g. percentage of settlement, single flat fee, flat fee + fee x number of correspondence items processed, completely random, etc.)

Many thanks in advance.


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## computerman (9 Jun 2011)

Ensure that the settlement covers costs, otherwise dont settle


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## Woodie (9 Jun 2011)

Only last week spoke to two persons with similar ligitimate claims and solicitors took 35% and 40% of the settlement.  In both cases the workload was minimal.   
Take computermans advice and ask what are the solicitor costs before settling or be prepared for nasty surprise.


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## nuac (9 Jun 2011)

I am in practice over 40 years.   Never heard of a solicitor "taking" that percentage of a claim.

Perhaps the percentage included counsel's fee and also report fees for all the apppropriate professional witnesses plus Vat on many of these?


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## Brendan Burgess (9 Jun 2011)

computerman said:


> Ensure that the settlement covers costs, otherwise dont settle



If the other side is 100% at fault, then there was very little need for a solicitor. 

The PIAB will have made a settlement figure, which was probably the €5,000 which you were advised to refuse. 

The PIAB don't pay legal expenses, except in exceptional circumstances. 

This guy will have to get you at least €5,000 + expenses to justify the advice not to settle. 

Seems like a bit of a mess to me.

Brendan


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## joeschmoe (13 Jun 2011)

Cheers folks. Appreciate all the comments and feedback!

So it seems there is no standard fee structure or acceptable approach that solicitors follow.

Should I expect to have the opportunity to review the settlement, costs and solicitors fees before it is accepted?


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## a lawyer (14 Jun 2011)

Brendan Burgess said:


> If the other side is 100% at fault, then there was very little need for a solicitor.
> 
> The PIAB will have made a settlement figure, which was probably the €5,000 which you were advised to refuse.
> 
> ...




is that your legal advice brendan?  Not sure that's allowed but you'll know best. i'd also doubt whether the 5K was a PIAB assessment figure, but i'll bow to clearly superior knowledge.

just to be clear - you would have advised the OP to accept the €5K (without demur) for an injury he states has persisted?

the moral of the story would appear to be :

a) don't trust your solicitor as they are out to get you

b) trust PIAB without question and/or accept that insurers will deal with you fairly as a claimant.

not sure there's any more point in venting so i'll sign off now.


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## onq (14 Jun 2011)

a lawyer said:


> is that your legal advice brendan?  Not sure that's allowed but you'll know best. i'd also doubt whether the 5K was a PIAB assessment figure, but i'll bow to clearly superior knowledge.
> 
> just to be clear - you would have advised the OP to accept the €5K (without demur) for an injury he states has persisted?
> 
> ...



You're too "young" to be venting - wait until you get enough posts and do so in the appropriate forum.

Apart from that, I find Brendan's posts usually bring a touch of realism to the debate which "grounds" it.

In legal arenas, its not about the moral force of argument, its what its likely to cost and what you're likely to get out of it.

Solicitor's fees can overshadow any award and if the Taxing Master gets at the costs, you will have to make up the shortfall.

I know that some PIAB awards may seem derisory in terms of inconvenience suffered, but it can be a cost-effective remedy for injuries that can be recovered from. 

ONQ.


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## Vanilla (14 Jun 2011)

Brendan's post ignores the facts in the OPs post:

1. The OP suffered a back injury nearly 3 years ago from which they have not recovered.

2. The insurance company, not PIAB, made an early offer to settle at 5k.

3. The OP does not have a complaint about legal fees, but he has not been told what these will be, or the basis on which they are charged.

No.3 above, is the issue. Issue should be resolved by OP talking to their solicitor and outlining their concerns. If not addressed, OP should change solicitors and/or make complaint to the Law Society.

Brendan, despite not being a solicitor, nor ( to the best of my knowledge) having any expertise in PI claims,not knowing the facts of the case and ignoring what OP has actually posted, has denounced this as a 'mess'.


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## Bronte (15 Jun 2011)

joeschmoe said:


> Basically, long story short, I have no idea what kind of fees I should be expecting to pay if and when this finally gets sorted out. I understand that the total fees can depend on a lot of variables and that I should have been up front and requested more information on applicable fees. I did not make this clear initially and now feel very exposed.
> 
> .


  Yes you should have asked the solicitor in advance, and a professional should have given you an outline of the fees you would be expected to pay.  As far as I know a solicitor is obliged to give you this.  All you can do now is ask.


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## gallagl3 (24 Jul 2011)

Could anyone give me some advice. I was a passanger on publin transport last year when a drink driver crashed in the vehicle in which i was a passenger on. I sought legal advice and was advised to persue a personal injury claim as I suffered back and neck injuries. On my initial consultation with my solicitor he informed me that his fees would be between €1500-€1750 irrespective the amount I receive. After agreeing to settle, my solicitor asked me if I would be happy with approximately €10,000. I agreed and he stated that eh would be back in contact with me. I received correspondence form him and it contained a photocopy of a cheque of €12,000 and deteild that the oppositions legal team had paid my solicitor fees of €1750. On the bill, my solicitor was also requesting that I pay him another €1750 as well as the €1750 he received from the oppposition. In total, his fees were €3500 half of which he got from the oppositions insurance company. This is 34% of my settlement which I feel is an excessive fee for a relatively small and short case. The solicitor pursued my claim through the PIAB and there was no issue of liability, the drunk driver was caught on the scene and arrested. Could anyone give me some advice as to whether I am being overcharged.


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## Complainer (24 Jul 2011)

gallagl3 said:


> Could anyone give me some advice as to whether I am being overcharged.


Did you get a Section 68 letter from him outlining the fees at the outset? If so, what the exact wording on this letter?


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## gallagl3 (24 Jul 2011)

Yes I signed a section 68 letter but it did not mention exact figures. This is included in the Sect 68. letter:


(ii)	THAT IT HAS BEEN EXPLAINED TO ME THAT A SEPARATE SUM IN RESPECT OF LEGAL FEES FOR YOUR SERVICES TO ME IN CONNECTION WITH MY CASE ARE NOT PAID IN ADDITION TO ANY DAMAGES PAID TO ME THROUGH THE INJURIES BOARD PROCESS AND THAT YOUR DUE AND PROPER LEGAL FEES (PLUS THE OUTLAYS INCURRED BY YOU ON MY BEHALF) AT THAT TIME DUE BY ME WILL BE MY PERSONAL RESPONSIBILITY. FOR THE PURPSOSES OF S.68 OF THE SOLICITORS (AMENDMENT) ACT 1994 IT SHOULD BE NOTED THAT SUCH LEGAL FEES WILL BE MEASURED HAVING REGARD TO ;

a.	the skill, labour and responsibility involved in the case and any specialised knowledge given or applied on the part of the solicitor;
b.	the complexity, difficulty, rarity or urgency of the questions raised;
c.	the importance of the matter;
d.	the time reasonably expended by the solicitor and his firm on the case; and
e.	The place(s) where and the circumstances in which the case is pursued.
f.	The time reasonably spent by personnel in the solicitor’s firm on the matter.
g.	The amount or value of any transaction involved
h.	The number and importance of the documents prepared or examined.
i.	Such rate of charges currently charged by the solicitor’s firm


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## Neg Covenant (27 Jul 2011)

@gallagl3

I take no responsibility for the following comments. If you want real legal advice, go to a real legal practitioner or talk to the law society.

It possibly comes down to two things:
1. What the solicitor said to you in the meeting. If he said his fees would be €1,750 he is most likely stuck with that.
2. What the addtional €1750 he is looking for covers. If it is for moneys paid out by him on your behalf rather than fees for his services then you have to pay it.

You have a right to have the file referred to a third party if you dispute the fees. Maybe that is the best option. Make sure you know the cost in advance though!


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## Neg Covenant (27 Jul 2011)

..


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## Bronte (2 Aug 2011)

If that's what a S68 letter is like than it's a worthless bit of paper.


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## gallagl3 (3 Aug 2011)

Yes Bronte, I agree that a section 68 is worthless as it fails to outline the costs.


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## johnandy (5 Aug 2011)

I think the individual who is hiring the solicitor for solving the issue which is out of his reach to get it settled by his own, should have the sense that he should talk about the fee beforehand. That time, individual is ready to get it settled at any cost and when the solicitor get him success and the time come to pay him, he started feeling they are charging very much. 

I would suggest to do a deal beforehand only so that both the sides are happy.


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## gallagl3 (14 Aug 2011)

@johnandy. The solicitor verbally agreed that my fee would be between  €1500-1750 however, unfortunately I did not get that agreement in writing.


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