# Settlement still not transferred from Solicitors



## em_cat (8 May 2013)

Hi, need some constructive advice please!

Is it normal for a Solicitor to hold onto full settlement award until receipt of  Bill of Cost and approval of such is agreed?

Thanks in advance.


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## DirectDevil (8 May 2013)

AFAIK a solicitor has no lien on your damages cheque. Costs are a separate matter. Demand your cheque. If no response demand it in writing.


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## em_cat (9 May 2013)

Cheers for the reply. 
I have another question, does anyone know how long it generally takes for the Bill of Costs to be sorted before going to taxation?


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## Negotiator (9 May 2013)

em_cat said:


> Cheers for the reply.
> I have another question, does anyone know how long it generally takes for the Bill of Costs to be sorted before going to taxation?



Like most things in the legal profession, far too long!!  It depends on your solicitor but you should receive it within a few weeks but if you want it sooner just give them a call to expedite the matter.


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## em_cat (9 May 2013)

Hi

Thanks, I know that it takes time, and after going through all of my signed documentation there has been no written and signed agreement for a lien on the settlement monies. 

Also have checked with the Law Societies Code of Conduct publication that states, "_A solicitor has a common law right to exercise a lien on monies held. A solicitor cannot exercise a lien on monies coming into the solicitorís control if the monies were sent to him for a specific purpose, such as for the payment of stamp duty. ￼If a solicitor holds monies in the client account which are greater than the amount due to the solicitor, the exercise of the lien should be limited to the amount due..._"

I am not entirely sure what to make of the above and am sure it will not be as easy as just demanding a cheque, as it will be by bank transfer. I don't know if this is the norm...

I sent my point of contact in the solicitor's office an email yesterday, simply asking had they received the settlement monies, if so, why had I not received them and if not why, what is the delay? 

I then very promptly received this response "...is at Court the remainder of this week.  When he returns I will speak with him in regards to the settlement monies." So I now have a sneaky suspicion that something is just not quite right here...

Any thoughts?


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## Negotiator (9 May 2013)

Send them another email saying that you do not accept this delay just because he is in court and you demand that someone is assigned to look after the matter of payment. There is absolutely NO excuse here from him holding back your funds and you need to put the squeeze on him.

Put in a call to and log it for your records. Insist that you now consider him to be withholding the money from you and if he doesn't release the funds immediately then you will take the matter up with the law society. Don't take no for an answer.

Good luck!

PS- If you know roughly the figure for the fees then tell them to deduct about 80% of the estimated fees and you can pay them the balance in a few weeks time when you get the final bill.


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## em_cat (9 May 2013)

Negotiator, many thanks for your advice, it gave me the kick up the This post will be deleted if not edited to remove bad language I needed...

So here's an update, rang the Solicitors office, was told that the solicitor in question is the only one who deals with payments, so I will have to wait for him to phone after his last consultation tomorrow, because he is in consultations until 7pm this evening. 

So I suggested to my point of contact, give him this message:

a. This is very urgent, it would be in his best interest to return my call as it is clear to me that they are holding the entire amount of the settlement as a "lien" without my approval against their future costs.

b. I made the point that I did not accept the delay, and that surely there is an accounts department or someone who deals with the processing of payments, it was at this point that I was told only the solicitor knows or deals with the accounts.

C. Also decided to throw in, I did not appreciate the assumption that I won't pay their fees, this is the only reason I can surmise that would be holding onto the entire settlement amount... And to be honest, clarity is not one of their strong points....


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## Negotiator (9 May 2013)

Well done, hopefully you will get a response tomorrow. However I would put another call in at 4.30pm tomorrow afternoon as a reminder that you are waiting on his call. Tell them that you will take a call at anytime in the evening to your mobile so that they have no excuse for not contacting you if a meeting runs late or whatever.

Good luck!


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## em_cat (9 May 2013)

Hi thanks...

I will heed your advice but also as another stick in the mud, here is the latest email I have sent them:

"_Dear x

Thank you for taking my call today.

When you speak to Y, please let him know I am happy for him to hold €00,000 as a lien from the Special Damages that are owned to yourselves, this amount is calculated from the Special Damages that I signed and submitted on 25.02.13, however the remainder of €000,000 should be transferred to my bank account as soon as can be arranged irrespective of the Bill of Costs. Once the Bill of Costs have been finalised and submitted to me, I will then review and if any queries arise we can discuss them. 

Kind regards_"

Now I am not entirely sure if this is the correct usage of the term _lien_, however to be honest, they are owed an amount that will need to be taken from the Special Damages and I am happy enough for that to happen as I had previously agreed, but want them to know that under no circumstance will I approve that the entire amount be held for any reason.... I hope this works...


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## Negotiator (9 May 2013)

Yes that's perfect. Don't get too caught up over the term lien. They are holding funds in their account that belongs to you, period. You have been more than reasonable by allowing for a deduction of their estimated fees.

Run with that and see how you get on but keep the pressure on all the time. If you ever call them and get the bums rush then insist that you'll hold on the line for as long as it takes because the matter is now very urgent.

Another way to alert them of the importance you attach to the matter is to just turn up at their office and say you really need to see him. It doesn't matter whether he is there or not, the fact that you turned up will be a shot across their bow.

I hope you are smothering in cash for the weekend!......mind you, the figures above don't look too healthy! Haha 

Good luck! :thumbup:


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## em_cat (9 May 2013)

Well that gave me quite a laugh, thanks. If those where the real figures I think I would need to be committed....
But really I didn't want to disclose the actual figures....The one day high court experience was enough to last me a lifetime and hope that I never have to go through the PI court again, however this has given me the experience that I really need as by the end of this year I will be bringing a civil case against someone who assaulted my car with his fist about 7 months ago.. and then went to to my insurance co claiming injuries as a result.... well thats for another time...

Anyway, thank you so much Negotiator your advice has been paramount


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