# solicitors costs/ litigation



## 091october (9 Jul 2011)

my personal injuries case (  was settled and did not proceed to hearing)  was settled for x amount of ''damages plus costs''. i was charged circa 5,000.00 euro by my solicitor for same, but i now understand that my solicitor has billed the opposing side for a sum closer to 20,000.00 euro-  is this standaard procedure? does this mean that solicitors are  effectively paid twice  .i.e.  getting one sum from me and one sum from the other side in respect of the one case ??


----------



## onq (10 Jul 2011)

First I've heard of it - sounds like he's trying it on with the other side.

What did he do to earn his €20,000 + €5,000?

That's a lot of money!

ONQ.


----------



## mf1 (10 Jul 2011)

Solicitor and client costs:

Solicitor and client costs are those costs that a client is obliged to pay his solicitor which are not recoverable under Party and Party costs.

The courts have held that the following distinction is made between Party and Party and Solicitor and Client costs in an action:-

    "The costs of the Plaintiff as against the party do not mean all the costs he has incurred but all the costs he has incurred by the act of the defendant. That is the difference between party and party and solicitor and client costs - e.g.. it may be reasonable to have several consultations but it does not follow he is to get them all against the party."

By way of explanation. 


mf


----------



## onq (10 Jul 2011)

That's ridiculous!

If I am taken to court for something I didn't do, it is only right that I should recover ALL my reasonable costs and expenses for those actions necessary to defend the case.

I'm not talking about seeing him eight hours a day for six week, but as guided by my solicitor.

Otherwise a great injustice could otherwise occur against people of limited means.

ONQ.


----------



## 091october (10 Jul 2011)

so to confirm MF1, it is perfectly legitimate for the costs to be structured in this way? thanks


----------



## gallagl3 (24 Jul 2011)

I would have a similar situation as 091october. 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 verbally agreeing to settle, my solicitor asked me if I would be happy with approximately €10,000. I agreed and he stated that he would be back in contact with me. 

I received correspondence form him a couple of weeks later and it contained a photocopy of a cheque of €12,000 paid to my solicitor (for me). It detailed 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 claim. Accident in December 2010, agreed to settle in May 2011.

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


----------



## johnandy (5 Aug 2011)

This is something which is hard to believe. I do not understand how  opposing party paid him so much. are you sure about the matter that he  got paid for the same case from the opposing party?


----------



## gallagl3 (14 Aug 2011)

Yes I am positive that he got 1750 from the defense and then another 1750 from myself.


----------

