UK-Solicitor charging over the odds, not going by their estimate and never...

[D J B]

...discussed money - where do I stand? I had my own business until a few months ago, that was a catering company.

We had a solicitor appointed as we were trying to lease property. Unfortunately due to there being no confidence in the market and a major recession our plans never came to fruition.

We attempted to lease premises A - for which, for completion of a full job to see us in the premises trading the Solicitor quoted £720. We felt that this was reasonable.

As this deal fell through the Solicitor restricted her fee to £345. Which we paid immediately as soon as we received it.

We then went after premises B and in a meeting with my Depute Director I specifically asked the question of how much it would cost. The solicitor avoided the issue although did say it would be about the same as the last job, for which she had issued a written estimate.

There was no written estimate for the works at premises B.

Last August, I received a bill for £1,093. For incomplete work with regard to premises B. That fell through also although the firm are claiming they did more work for that, although won't let me see their auditors report to the effect. They have restricted this fee to £828.

From August last year I refuted this, and asked for an answer as to why the price was so astronomic. I did not get this answer until March 2010 some eight months later. The firms excuse was that other matters took priority. They certainly didn't in terms of our business.

The attitude from the firm is that this is the way it is and that's the end of it, however this can't be the case.

There is such a difference between the two fees for essentially the same work, and fundementally the firm issued no estimate for the second proposed works.

The reason the £345 was charged for premises A was because "I knew there would be more work coming, but in fairness I should have probably charged more."

I believe in fair pay for fair work however I do not believe in being conned and ripped off, as is happening here.

The company no longer trades, and their work is with me and not the limited company anyway.

So where do I stand? There's no way we're handing over £828 to a firm of conartists.

SCOTLAND, UK.
To update for the contributor - I am the client and not the defunct company. There was no fee structure given out for the premises B. However, I always attended meetings with my Deputy Director within my company and we specifically remember the conversation in which I asked about price, and we were told it would be "about that."

 

[JZD]

The Law Society are not interested in small disputes about fees, don't waste your time.

The solicitor is obliged to give you a letter confirming the terms of instruction and the fee structure. The terms of engagement should identify who is working on your matter and their fee rate.

if they have not done this then they would have difficulty recovering their full fee. But they are clearly entitled to something.
However, you should not work on the basis of 'what feels right' - you need a benchmark for the work done and to judge it against, if the firm took a hit on the last item of work for premises A, it does not mean that's the benchmark.
You have to recognise that having asked them to do the work, and placing no limit on the fee your scope for argument is somewhat limited beyond the technical point above.

Lastly - who was the client - you or the (defunct) company? If it was the company, you are not liable to pay the fee at all.

 

[Get Cameron out]

Contact the Law Society of Scotland to complain about a Scottish solicitor. Be prepared for any possible outcome, that your complaint may be upheld, or it may be rejected, in which case the bill stands.