Solicitor refusal to disclose fees

N

Norwester

Guest
Our solicitor, despite several requests (by phone, in writing, e-mail and in person) has refused to give an estimate of his fees.
We've asked for a % or actual figure and both requests have been declined.
Its always the same answer, that he's not in a position to calculate fees.
Hes dealing with our late fathers estate, there is no dis-agreement among any of the beneficeries or executors. All documents and details etc were provided over a year ago, hes currently waiting on 2 (small) property valuations and we belive that hes waiting on these figures before calculating the value of the estate, then working out his %.
Is this legal, does he not have to provide an estimate or % when requested- the law society seem to think so, as does a solicitor friend of mine.
I have no qualms about going to a different law firm, except for the fact that, its all taken so long and with so much travel, expense etc. to get to this point, that I hate the thought of starting over again.
Any advice would be greatly appreciated, I'm travelling down to meet him friday but am sick of his excuses and need to straighten this out once and for all.
Thanks
 
While he may not be in a position to calculate fees he should be able to give you an estimate or say what percentage he'll charge. He has nothing to lose, in circumstances like that I'd estimate high and try and charge a lower figure at the end.
 
Re: Solicitor refusal to disclose fees - 1994 Act

He/She cannot refuse to provide you with an estimate or invoice showing all charges , fees, outlay and disbursements.There is a Statutory instrument for this called the Solicitors (Amendment) Act, 1994 and you need to look at Section 68 sub section 1 & 6 specifically. So just write to him formally and quote the Act & Section and that you are requesting this information under the specific Act, his failure to respond would breach the Act and then you would be talking to his insurer and the law society , OK.

http://www.irishstatutebook.ie/1994/en/act/pub/0027/index.html
 
Perhaps, seeing that your meeting him tomorrow, you could print off the relevant section and present him with it with a formal request in writing?
 
Perhaps, seeing that your meeting him tomorrow, you could print off the relevant section and present him with it with a formal request in writing?


If you have a refusal in writing from the solicitor - section 68 the scoundrel anyway - he / she is well aware of their statutory obligations
 
Thanks to you all for your advice.
I've printed out the link re section 68, I've also spoken to the Law society and another solicitor in the meantime. Im going to give the solicitor one last chance tomorrow, but thanks to everyones help, I feel armed with enough knowledge to be in a strong position and get this resolved for good.
Thanks again,
I'll post tomorrow evening with an update.
Slainte
 
I am not a solicitor, but to be fair, it would be impossible for him/her to give an estimate of the fees, given the complexities of the case you describe. S/he should however be able to tell you what the firm charges per hour and that this woudl e subject to VAT and all outlays.
 
Just picked up this post now. This matter is an open minefield - an area where the legals can go to town if they are let. If Probate has not as yet been granted demand a fee or a percentage of the estate. If not forthcoming talk amongst yourselves and decide whether to move or not. The amounts which the legals can charge are enormous and if you and the other beneficiaries do not deal with this you could be possibly looking at a meltdown. Better off have a little headache now than Heartache when it is too late. I have seen instances when a deceased had their affairs in order before death, but insisted on using in the will on using a particular solicitor and the estate was charged a huge amount for minimal work, and have seen the opposite where a solicitor was requested for a fee, had quite a bit of work to do but charged according to the original fee. [