Solicitor sending regular sizeable bills for costs incurred !

Harry Bolton

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Hi,
My brother was involved in a serious road traffic accident a few years ago, last year the solicitor dealing with his compensation claim retired and in doing so arranged for a different firm of solicitors to take over his workload of cases.

The system the now retired solicitor operated under and we asumed it was the usual method of operating in a compensation claim was that the solicitor covered all costs incurred such as medical fees ect and recouped any expenses together with professional fees when the case is concluded and if compensation is awarded.

My brother met with the new solicitor and seemed to be of the opinion that things would operate on the same basis as with the previous solicitor who retired, however last week he recieved a bill from the new solicitor for €800 which apears to be for costs incurred relating to Town Agent Fees and stamp Duty and also a medical report.

He attempted to make an appointment with the solicitor who is issuing the bills but he isnt available for an appointment until the end of next month.

In the meantime, We are curious to find out if it is normal practice in a compensation claim for a solicitor to bill the client for every cost incurred at the time they are incurred or is it done the way the previous solicitor was doing it in that he covered all costs incurred ie. medical reports, pysio bills ect and recouped all monies owed when the case had concluded.

We would appreciate any advise or opinions as we are in no way experienced in legal issues or dealing with solicitors !..
 
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@Harry

It would be 'generally accepted practice' that a Solcitor would have issued a letter of engagement which if accepted would be the contract between the parties.

If there is, have a review.

2nd if there isn't - then its an oral contract and there is nothing at all wrong with this.

What would be useful is to ascertan from the Brother how it came about that he understood that outlays (i.e. direct costs incurred by the solicitor) were to be covered. I could understand that the professional fee would be postponed, but not the outlays.

But it may well have been the case.

Establish the position and post again ;)
 
medical fees have rocketed.

GP - €300 per report
orthopaedic - €500 per report
dermatologist - €600 per report
psychiatrist - €800 per report

If the solicitors firm is small, or not bringing in huge money, then three reports means a lot of outlay, on top of the other town agents/stamp duty fees.

If the case is assessment, then there might be a case for solicitor to bear som costs, but if liability is in dispute, then he cannot carry the risk.

Look on the bright side, if you win the case, then you will probably get most of what you paid him for the outlays - an added bonus!
 
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