# Solicitor/Barrister didn't show up at court



## eimsRV (9 Nov 2009)

Looking for some advice on this for my boyfriend - does he have any recourse?

My boyfriend was in court today on a driving charge. He had a solicitor and barrister acting for him. 

The solicitor sent him a letter a few wks ago saying he'd be there and looking for the rest of the invoice to be paid. Total was about 2500, 1000 was already paid. My boyfriend explained he was waiting on money to come through and would pay him when he received it.

He phoned the solicitor at 9:40 this morning, they arranged to meet at 10am at the court. By 10:25 there was no sign of solicitor or barrister, so BF phoned him. He was told that they wouldnt be showing up at he hadnt paid all the money. (this was just decided by solicitor and barrister that morning).

This was the 5th time in court and the case was due to be heard today. 
My boyfriend had only met with solicitor once for 15 minutes. The solicitor only attended one of times the case was up in court, and on one occasion a bench warrant was issued as court thought BF wasn't there. He had to stand up and speak for himself.

Today judge was very sympathetic, pushed case back to December, and said that solicitors were doing this too often. BF has had to take a lot of time off work.

So my boyfriend is now looking for someone new to represent him. We weren't impressed with solicitor up to this. Can he look for some of the money back? Can we complain to the law society?

Thanks!


----------



## mf1 (9 Nov 2009)

"Can he look for some of the money back? Can we complain to the law society?"

Yes, to both. How far he gets will depend on the other side of the story - there generally being more than one side. 

A lot of solicitors are finding that they have never been busier - however, allied to that, is the fact that they have never had so much trouble getting paid. 

mf


----------



## Mr. C.J.H. (9 Nov 2009)

Quote:
Originally Posted by *eimsRV* http://www.askaboutmoney.com/showthread.php?p=957054#post957054 
_My boyfriend explained he was waiting on money to come through and would pay him when he received it._

The solicitor is under no obligation to accept instructions on this basis and it would seem that as part of the retainer the solicitor requested that his fees be paid in advance. The case has been bfefore the court now on 5 occassions your boyfriend had ample opportunity to get together the money and it is not unreasonable for the solicitor not to have to wait on a third party to pay your boyfriend. 

Quote:
Originally Posted by *eimsRV* http://www.askaboutmoney.com/showthread.php?p=957054#post957054 
_He phoned the solicitor at 9:40 this morning, they arranged to meet at 10am at the court. By 10:25 there was no sign of solicitor or barrister, so BF phoned him. He was told that they wouldnt be showing up at he hadnt paid all the money. (this was just decided by solicitor and barrister that morning)._

He didn't keep to his side of the bargain i.e. payment up front so nor did they.

Quote:
Originally Posted by *eimsRV* http://www.askaboutmoney.com/showthread.php?p=957054#post957054 
_Today judge was very sympathetic, pushed case back to December, and said that solicitors were doing this too often. BF has had to take a lot of time off work._

Simple solution= pay the solicitor as required.

Quote:
Originally Posted by *eimsRV* http://www.askaboutmoney.com/showthread.php?p=957054#post957054 
_So my boyfriend is now looking for someone new to represent him. We weren't impressed with solicitor up to this. Can he look for some of the money back? Can we complain to the law society?_

It is your entitlement to complain, but from what you have said I don't think you will get anywhere. It would seem that the basis for the solicitor accepting instructions was payment up front (very common in Road traffic offences) which your boyfriend did not do, it is not the solicitors problem,nor should it be, that your bf is apparently owed money by some other individual. He can of course look for some money back, but equally the solicitor is probably entitled to look for the balance of his fees to be discharged. 

As regards, getting another solicitor to represent him that is of course his right, but expect the new solicitor to demand full payment up front too and the old solicitor will also be looking for the remainder of his fees. In effect your bf will be paying on the double. In all likelihood the best option for your bf is to  pay the balance to solicitor one, who has already instructed counsel and is familiar with the case.


----------



## MOB (9 Nov 2009)

I will preface this comment with first agreeing 100% with MF1 that there are two sides to any story.  I expect that the letter of a 'a few wks ago' probably stated in fairly unambiguous terms that payment up front was required as a condition of solicitor taking on the case.

That said, it seems like very poor form for a solicitor or barrister not to turn up when a case in which he\she is already on record is listed.   Certainly, the judge is entitled to feel a little cheesed off at the discourtesy shown the court.    I am not sure that this gives the OP a valid cause of complaint - whether to the Law Society or Bar Council.  But certainly it is not in keeping with the best traditions of the Bar.


----------



## eimsRV (10 Nov 2009)

Thanks for the feedback.

I checked the letter last night and sure enough it said the balance had to be discharged before the hearing.

Bf should have sorted it out. I do feel that solicitor should have rang him to let him know last week when he had received the balance, its a poor way to do business. 

The 1000 paid was supposed to be for barrister, however solicitor said yesterday only he got paid, so as barrister hadnt been paid barrister wouldnt go. But solicitor was paid his amount (minus the vat) so surely he should have shown up (although i dont know what use he would have been).

Anyway, when bf rang them yesterday morning when they didnt show up, my dad, who was with him, said he'd give them a cheque for the balance - he still said no. 

Anyway I'm making contact with my cousin who is a barrister to get her take on the case and hopefully she'll be able to recommend someone to take over defending him.


----------

