# "Ear bitten off brother in law five years ago"-solicitor taking 30% ~8k of settlement



## coogeebear (14 Dec 2006)

Hi,

I am looking for some adivise for my brother in law who got his ear bitten off 5 years ago. A date has been set for his case, but an offer has been made out of court. The sum we are talking about is 22k  which he is willing to except. However his solicitor wanted 8k for their fees (without other fees) which seems a bit high . 
Just wondering can anyone give me an idea if this figure is high or is it the average.


Any advise would be great.


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## Vanilla (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

I don't think anyone will be able to give you an accurate reply to this since we would have to know much more about the case than would be wise to disclose on a public forum. Suffice to say that if your brother in law is unhappy he should 1. take it up with his solicitor and ask for teh figure to be broken down for him and 2. if he is still unhappy and the best legal advice is that this is an offer he should accept, then he can have his solicitors costs taxed by the taxing master ( do a search, should explain all) and/or complain to the law society.


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## elcato (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

Are you saying your brother has been offered 22k and the solicitor has told him he's keeping 30% for fees or is the 22k his net payment ? I dont believe solicitors are entitled to any % of fees (but often claim this fee) and you should report this matter immediately to the law society. He should also instruct his solicitor to refuse this offer as it should be 22k plus costs. What costs the solicitor bills for is his own business. btw - I'm not solicitor bashing here. I've no problem with them asking for a % as long as its kept to within reasonable grounds. 10% is always the figure that springs to mind.
Doh : Post crossed with Vanilla.


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## CCOVICH (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

In this case, were any fees agreed upfront?  Is there a requirement to quote fees upfront in this sort of case?


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## Vanilla (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

Ccovich, yes the requirement was there 5 years ago- but in litigation cases there is a general tendency to issue letters explaining the basis of charge since the actual charge cannot be ascertained beforehand.


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## CCOVICH (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

Figured as much, thanks Vanilla.  When you say 'tandancy' does this imply any obligation, in law, custom/practice, or otherwise?


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## coogeebear (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

Thanks for your reply,

His solicitor rang him and said that the out of court settlement is 22k out of that figure is 8k solicitor fee and 2k for other fees (medical etc, which is fine.) Leaving him 12k just over half of the awarded sum, the problem is the 8k solicitor fee mainly for a few phone calls.
He just feels that the solicitor is taking him for a ride as they want him to accept and even said you will have the money before Christmas.


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## Vanilla (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

The law society requirement is to set out the actual charge if it can be ascertained beforehand or where it can't, the basis of charge. So, for eg, if you time cost, you could give a letter indicating your billing per hour, per document, per letter etc. The law society also publishes leaflets which explain the basis of charge and which some firms send out with their s.68 letters. I say general tendency since all firms are different and charge differently and therefore their s.68 letters will differ.


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## Vanilla (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*



> the problem is the 8k solicitor fee mainly for a few phone calls.


 
Quite honestly, the case has been going on 5 years, and he thinks his solicitor is charging him 8k for a few phone calls? Eaten bread is soon forgotten.


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## MOB (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

"I dont believe solicitors are entitled to any % of fees (but often claim this fee) and you should report this matter immediately to the law society. "

I don't think the original poster is saying that the solicitor's charge is based on 30% of recovery.  I think he may simply be saying that the charge is working out at 30% of recovery.  There is nothing particularly odd about a €22k claim generating €8k of a legal fee.  Obviously, I cannot comment on whether this case involved enough work to merit the fee charged.

"I've no problem with them asking for a % as long as its kept to within reasonable grounds. 10% is always the figure that springs to mind."

No longer the marketplace reality.   Undoubtedly, there was a trend in persoal injuries firms for fees (and these would not be total fees, but the solicitor client fee - which merits a whole separate topic) to approximate toward 10% in times past. From a solicitor's perspective, this meant that the bigger claims subsidised the smaller claims.  From the consumer's perspective, this lent a degree of predictability.  But it was not transparent, and it is now frowned upon (might even be banned - I do not do personal injuries work, so would not be an expert)

Today, if you have a claim for €10,000.00 and the case is hotly contested and takes a lot of work, it is readily conceivable that the legal fees could be 50% or 60% of the amount recovered.  Conversely, if you have a claim for €100k and it is relatively straightforward, the solicitors fees might indeed approximate to €10%.


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## coogeebear (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

Thanks Vanilla,

I agree! it just seems such a large chunk to be taken out of the 22k. We asked for a breakdown letter which we just got by e-mail stating the following:
Solicitor Fees: 8k
Medical Report: 250
Other Solicitor Fees (names included) 860 and 457 plus vat

The 8k was not broken down into phone hours or Documents sent. Should he ask them to break down the 8k fees or just except the figure.

Thanks


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## ClubMan (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*



> *Ear bitten off solicitor taking 30%*


I've heard of solicitors charging an arm and a leg but this is ridiculous!


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## ninsaga (14 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

it looks as though he has bitten off more that he can chew alright!


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## derryman (15 Dec 2006)

*Re: Ear bitten off solicitor taking 30%*

was this a "no foal - no fee" crowd - if so then the 30% is probably right - a hefty number but the way those solicitors operate - was anything signed 5 years ago


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## ajapale (15 Dec 2006)

*Re: "Ear bitten off brother in law five years ago" - solicitor taking 30%*

Ive changed the title because it originally read as if the solicitors ear had been bitten off!


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## runner (15 Dec 2006)

*Re: "Ear bitten off brother in law five years ago" - solicitor taking 30%*

The title now suggests that the solicitor is getting 30% of the defunct ear


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## ajapale (15 Dec 2006)

*Re: "Ear bitten off brother in law five years ago" - solicitor taking 30%*

LOL runner!


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## DirtyH2O (15 Dec 2006)

*Re: "Ear bitten off brother in law five years ago" - solicitor taking 30%*

Hae you tried suggesting that the other party pays all the legal costs even if you settle? If it goes to court there is a good chance that you would be awarded costs if the sum awarded exceeds the offer refused.


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## Vanilla (18 Dec 2006)

> Hae you tried suggesting that the other party pays all the legal costs even if you settle? If it goes to court there is a good chance that you would be awarded costs if the sum awarded exceeds the offer refused.


 
I imagine the brother in laws legal team are well aware that this kind of offer can be made. I imagine they are not being offered it herre.


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