When the Judge awards me costs?
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Only because you asked nicely!
This is a sample of a S. 68 letter in a matrimonial case. But you'll get the drift.
Because it is rather tedious, clients tend not to read it which is why they have to sign a copy of it.
Finally, in any case we deal with, a great deal depends on the clients, the colleagues and the facts. A difficult client coupled with a difficult colleague is a nightmare scenario.
mf
"The Solicitors Amendment Act of 1994 obliges us to provide you with details in writing of the basis upon which you will be charged for our services.
It may or may not happen, but if all goes smoothly, and a Separation Agreement can be swiftly negotiated, your fee will be in the region of €XX.00 plus VAT @ 21%. There will be a further fee payable if any conveyancing or additional work requires to be done to implement a settlement. We think that it is likely that we will bring ZZZZZZZZZZZZ, barrister, in for any negotiations and her fees will be c. €XXX. 00 plus VAT. If we need to institute Court proceedings to implement any aspect of an agreement, there will be a further fee of c. €XXXX.00 plus VAT. If we run into difficulties or delays on the way, then it really pushes up the costs.
If the case goes to Court for a full hearing we are advising you that we estimate that fees, outlays and Counsels fees will amount to €XXX.00 inclusive of Counsels fees and VAT. These are the minimum figures that the case will cost you. This figure assumes your complete co-operation and that of your husband/wife and a smooth passage of the matter through the court lists and one half days hearing in the Circuit Court. It does not include an estimate of any sums that you may be ordered to pay by way of costs to your husband/wife - see later. In the event of the matter escalating ( i.e. any interim orders) or being appealed to the High Court our fees will be increased and we will advise you of same as the matter progresses.
We suspect that the case will settle at some interim stage and we think that your fees should come in at around €XX.00 inclusive of Counsels fees and VAT but only time will tell.
When the Separation Agreement or proceedings are finally concluded, you will be furnished with a detailed bill setting out details of the legal services provided to you, the outcome of the proceedings with a copy of any Court order, and details of any property transfer orders or sums of money that have been paid by your spouse or have to be paid by you in discharge of any such order.
The bill of costs will clearly distinguish between the fee charged, V.A.T. @21% payable on same, any outlays (including your barristers fee) and any other disbursements or expenses incurred by this Company on your behalf in connection with the action.
As discussed earlier, you will be responsible for discharging these costs and it is very important that you, at this stage, recognise just how expensive court proceedings can be.
The Solicitors Amendment Act of 1994 further obliges us to explain to you what can happen as regards Court Orders for costs. If this matter goes for full hearing, it is likely that the Court will make an order requiring you to pay your own costs. It may in addition ( but this is highly unlikely) order you to pay a proportion, if not all, of your husband's/wife’s costs. Those costs are called Party and Party costs. They are drawn according to agreed terms and are figures that the County Registrar or Taxing Master would allow if the costs were to be adjudicated on. If it is not possible to agree costs, which we would estimate, for full settlement, at anything up to €XXXXX.00 we must advise you to proceed to taxation and, unfortunately, any expenses (up to €XX.00) incurred in doing that must also be borne by you.
Party and Party costs do not cover all the costs associated with an action and all other costs are called Solicitor/Client costs. Any costs charged by us will be fully explained to you and, if you feel that they are excessive, then you are entitled to call for those fees to be taxed before the County Registrar.
We appreciate that on receipt of this letter you may wish to call us to seek further clarification and we will be pleased to discuss any aspect of the letter with you. We would remind you that this is a standard letter that we are obliged by Law to issue to all our clients and you will appreciate that it does help to alleviate any problems that may arise in the future about the terms of our engagement."
This is a sample of a S. 68 letter in a matrimonial case. But you'll get the drift.
Because it is rather tedious, clients tend not to read it which is why they have to sign a copy of it.
Finally, in any case we deal with, a great deal depends on the clients, the colleagues and the facts. A difficult client coupled with a difficult colleague is a nightmare scenario.
mf
"The Solicitors Amendment Act of 1994 obliges us to provide you with details in writing of the basis upon which you will be charged for our services.
It may or may not happen, but if all goes smoothly, and a Separation Agreement can be swiftly negotiated, your fee will be in the region of €XX.00 plus VAT @ 21%. There will be a further fee payable if any conveyancing or additional work requires to be done to implement a settlement. We think that it is likely that we will bring ZZZZZZZZZZZZ, barrister, in for any negotiations and her fees will be c. €XXX. 00 plus VAT. If we need to institute Court proceedings to implement any aspect of an agreement, there will be a further fee of c. €XXXX.00 plus VAT. If we run into difficulties or delays on the way, then it really pushes up the costs.
If the case goes to Court for a full hearing we are advising you that we estimate that fees, outlays and Counsels fees will amount to €XXX.00 inclusive of Counsels fees and VAT. These are the minimum figures that the case will cost you. This figure assumes your complete co-operation and that of your husband/wife and a smooth passage of the matter through the court lists and one half days hearing in the Circuit Court. It does not include an estimate of any sums that you may be ordered to pay by way of costs to your husband/wife - see later. In the event of the matter escalating ( i.e. any interim orders) or being appealed to the High Court our fees will be increased and we will advise you of same as the matter progresses.
We suspect that the case will settle at some interim stage and we think that your fees should come in at around €XX.00 inclusive of Counsels fees and VAT but only time will tell.
When the Separation Agreement or proceedings are finally concluded, you will be furnished with a detailed bill setting out details of the legal services provided to you, the outcome of the proceedings with a copy of any Court order, and details of any property transfer orders or sums of money that have been paid by your spouse or have to be paid by you in discharge of any such order.
The bill of costs will clearly distinguish between the fee charged, V.A.T. @21% payable on same, any outlays (including your barristers fee) and any other disbursements or expenses incurred by this Company on your behalf in connection with the action.
As discussed earlier, you will be responsible for discharging these costs and it is very important that you, at this stage, recognise just how expensive court proceedings can be.
The Solicitors Amendment Act of 1994 further obliges us to explain to you what can happen as regards Court Orders for costs. If this matter goes for full hearing, it is likely that the Court will make an order requiring you to pay your own costs. It may in addition ( but this is highly unlikely) order you to pay a proportion, if not all, of your husband's/wife’s costs. Those costs are called Party and Party costs. They are drawn according to agreed terms and are figures that the County Registrar or Taxing Master would allow if the costs were to be adjudicated on. If it is not possible to agree costs, which we would estimate, for full settlement, at anything up to €XXXXX.00 we must advise you to proceed to taxation and, unfortunately, any expenses (up to €XX.00) incurred in doing that must also be borne by you.
Party and Party costs do not cover all the costs associated with an action and all other costs are called Solicitor/Client costs. Any costs charged by us will be fully explained to you and, if you feel that they are excessive, then you are entitled to call for those fees to be taxed before the County Registrar.
We appreciate that on receipt of this letter you may wish to call us to seek further clarification and we will be pleased to discuss any aspect of the letter with you. We would remind you that this is a standard letter that we are obliged by Law to issue to all our clients and you will appreciate that it does help to alleviate any problems that may arise in the future about the terms of our engagement."
What a marvellous letter. Can't believe clients do not read every bit of it. Love the low fee at the beginning if clients are sensible and agree to settle before slowly and inexorably rising to the High Court costs while frittering away the family assets.
Love all the warnings you give the clients, with the ever mounting costs as you slowly wind your way through the letter.
And it really makes you wonder how a client having read that doesn't settle there and then. Also like the way you clearly specify VAT and outlay which causes no end of confusion for people. As is the case with OP no doubt.
Just curious, what percentage of your clients who read the dire warnings very clearly set out in your letter agree/settle there and then? And the other percentage are quite mad (crazy). But they're the one's for whom you're in business as without them there would be no business.
That letter is not a bit tedious, quite fascinating really.
Love all the warnings you give the clients, with the ever mounting costs as you slowly wind your way through the letter.
And it really makes you wonder how a client having read that doesn't settle there and then. Also like the way you clearly specify VAT and outlay which causes no end of confusion for people. As is the case with OP no doubt.
Just curious, what percentage of your clients who read the dire warnings very clearly set out in your letter agree/settle there and then? And the other percentage are quite mad (crazy). But they're the one's for whom you're in business as without them there would be no business.
That letter is not a bit tedious, quite fascinating really.
The letter is quite interesting. Immediately I saw that I would be worrying about maximum costs. Is a maximum amount as vague to calculate ? Do unexpected large increases in costs come with a warning beforehand ? It looks a little bit like making a deal with the devil 
It really is a mad system. Its not solictors fault but it is amazing how I could be an abused wife looking for a divorce from a husband who doesn't want to co-operate in any shape or form or is determined to make life difficult and so I end up with choosing between a large legal bill that I probably can't afford or staying married to this person.
Thanks mf1.
As you can see, its earned you kudos already for lifting veil on this matter.
I think my own profession would benefit hugely from issuing such letters because its seems that many laypeople don't understand the nature of professional fees or where they arise.
As you can see, its earned you kudos already for lifting veil on this matter.
I think my own profession would benefit hugely from issuing such letters because its seems that many laypeople don't understand the nature of professional fees or where they arise.
It's not as black and white as that. You could stay married but move out.
The system is adversarial, maybe that could be improved, it's not a mad system, but people can make it so for each other.
Also the fact that family law cases are held in camera means a lot of the population don't know what really goes on and if they did they might think twice about going down the High Court route themselves.
Maybe Alan Shatter who is an expert on family law could come up with a transparent family friendly court system with low costs and avoid costly barriesters etc.
Of course you can move out but why on earth would you want to remain married considering the legal implications?
Is legal aid available in family law cases?
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Yes, on a means-tested and prioritised basis;
http://www.legalaidboard.ie/lab/publishing.nsf/Content/Civil_Legal_Aid
Thanks for that. Wonder how long that will escape the cuts! Didn't they look to chop it recently in the UK?
What legal implications are you referring to? Other than inheritance rules.
You can't move on with your life and get married again. Inheritance problems. Custody issues. Possible problems with the family home and mortgage. Child Maintenance. etc etc etc
None of these can be sorted by just 'moving out'. Leaving a marriage for whatever reason can be very complicated. I was just wondering if there were some people stuck because they couldn't afford taking the chance of racking up huge legal bills. Wasn't sure if legal aid was available for family law cases but it seems to be.
So the upshot of being awarded costs is that you still have to pay your own solicitor and then, if the other party doesn't pay you the costs as awarded by the court, you have to chase them for the money and maybe resort to engaging your solicitor again to chase them for the money, for which you have to pay the solicitor again.