Solicitor charged cousin 17k since Feb - solicitor firing client

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elainem

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My cousin has had difficulties with property next door to him which is rented - late night parties, loud music, his car damaged when he complained, bins strewn on his garden also etc.

He engaged a solicitor to take the issue to Court last Feb, and he has charged him 17k since them. It went before the Judge in Circuit Court but was adjourned. The firm of solicitors would be very high profile though not in Dublin.

Anyway, my cousin was really upset about the charges, and contacted another solicitor and a barrister for advice. He told his solicitor that he had a family member a solicitor and a friend of a friend, a barrister (which is true), and that they had considered he ought to have gone down a different route than that advised by his solicitor.

Anyway, while my cousin was querying the charges, his solicitor said he no longer wanted to represent him because he had asked another solicitor and barrister for their opinion on the case, stating that he would not follow his advice. However, his solicitor's advice was going to make it a more complex and costly case.

Can a solicitor do this? My cousin is now worried that his solicitor will heap another excessive bill on him and pad out the fees - his solicitor had mentioned a bill of 10k (that will be 27k since Feb).

Will another solicitor take over the case and start afresh, if the first solicitor won't release the file because my cousin feels his fees are excessive.

Any advice appreciated.
 
Did he get a Section 68 letter from his first solicitor outlining the expected costs of the case?
 
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Three separate issues here:

1. The level of costs. This appears to be a circuit court case which has gone to a hearing or at least a partial hearing. If the total 27k includes barristers fees, that level should not be unexpected. But, as Complainer says, did he get a s.68 letter- ie an estimate of costs? Sometimes these set out the basis of costs rather than giving a set fee estimate and this is common in litigation. Barristers may have given an opinion, a brief fee, a refresher fee etc.These also are normally estimated in advance. Finally if he is still unhappy he has the option of both complaining to the law society and/or having the costs taxed.

2. Should the solicitor have 'fired' his client. A solicitor/client relationship is one of professional advice and trust. The client has demonstrated a lack of trust and unhappiness at the advice given by going to another solicitor. I can clearly see why the solicitor has told the client they can no longer act for them. They cannot be forced to act for this person. In any case, why does he want to stay with this solicitor when he thinks they are not dealing with his case correctly?

3. How to move forward from here: he needs to appoint a new solicitor. The new solicitor will communicate with this solicitor. This solicitor may accept an undertaking to discharge costs or may insist on being paid before handing over the file. This will be worked out between them. If they insist on being paid, they can be paid now and the level of costs can still be disputed either by taxing them or by complaint to the law society later.
 
17k since Feb - solicitor firing client

Hi! Thanks to both of you for your advice. He got a S.68 letter, but it stated the basis on which costs were charged, and not the actual estimate of fees. As far as I understand it, there was also no estimate for Barrister's fees. One Court Appearance by the Barrister in the Circuit Court was around e3,500 as far as I remember. I presume this is a normal enough cost though.

I don't know why my cousin is in a huff about it - he had doubts about the path his solicitor was brining him on, and was looking around for another solicitor. I think his issue was that the solicitor couldn't give an estimte of the likely fees going forward, but then it does not seem like it is going to be a straightforward case. The Landlord on who owns the house next door, seems to be a wily character, and appears to have tried every tactic to lenghten the Court proceess, though the unruly tennants are still there next door - as far as my cousin knows, they are on a RAS scheme and have two more years to go!
 
Solicitor

Hi! Complainter - no my post are rarely related to me, just things I have come across with other people, and am curious about. For instance, I am just curious about my cousin's situation, and obviously concerned for him. He asked me about the PRTB and I told him what I knew but I didn't know any more. I like to collect info and now about these things, and I feel sorry for someone who is being pushed around. When I asked about the bus driver in this forum, the advice was not for me, I just wanted to help, and the info is handy to know. I advised the injured party to post on other website boards.ie, eumon etc to see what people thought - obviously this was done. I understand that Bus Eireann has a poor record in complaint handling so it might come in useful to someone.

I know I have learned a lot here, even how to unblock a toilet at one stage. I've also learned lots about what to ask a builder, plumber etc - things that I would never now otherwise.

My cousin has not ehausted the PRTB, but feels the process is very long, and that the situation is worsening re the house. Perhaps he is going the wrong way about things. I suppose in two years the issue will end when the RAS scheme finishes, or is there a way to get out of a RAS Scheme - perhaps someone here would know this.

I had a neigbour/friend who ha
 
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