being overcharged by a solicitor

rachelg99

Hi to all,
I was accussed of a a "hit and run"- failure to stop, which was due in the district court last year, anyway to cut a long story short I had to pay a small sum of money to get the charges dropped by the DPP, my solicitor at the time charged me 100 euro for an initial consultation which ive no problem with, but also charged me 1200 euro for taking the case which never went to court, at the time I was unaware of solicitors fees for court appearances but ive seen since an advert for 200 euro and the like, I feel ive been grossly overcharged and I would like to recouperate some of the money back if possible, thoughts greatly appreciated. rachel

Delancey

First thing to do is obtain a breakdown of the bill from your solicitor and see exactly where these charges come from , what work was undertaken , etc.

rachelg99

Delancey wrote: »

First thing to do is obtain a breakdown of the bill from your solicitor and see exactly where these charges come from , what work was undertaken , etc.

many thanks for the above advice which i intend on doing any thoughts from other posters?

Farcear

rachelg99 wrote: »

accussed of a a "hit and run" ...

pay a small sum of money ... charges dropped ... case which never went to court

Seems like the solicitor got you a good result.

Also, being "overcharged" is not the same as just hiring a more-expensive than average solicitor.

For more information, have a read of: http://www.lawsociety.ie/Documents/complaints/ComplaintsAboutSolicitors.pdf

Miaireland

As someone else said get a break down of costs. You might be paying for the other side Solicitor/medical/engineers costs etc unless the settlement you agreed to was all in.

Milk & Honey

Miaireland wrote: »

As someone else said get a break down of costs. You might be paying for the other side Solicitor/medical/engineers costs etc unless the settlement you agreed to was all in.

This was a criminal case. There would be no costs for the other side and no witness expenses!

rachelg99

Farcear wrote: »

Seems like the solicitor got you a good result.

Also, being "overcharged" is not the same as just hiring a more-expensive than average solicitor.

For more information, have a read of: http://www.lawsociety.ie/Documents/complaints/ComplaintsAboutSolicitors.pdf

to answer a few replies:
the small sum of money i paid to get the charges dropped was 200 euro which was originally mooted by the investigating garda, who hassled me for nearly 2 years to pay this, i wasnt even presented with a bill, so no negotiation on the solicitors part needed.
i never got a bill from the solicitor, he just told me that that was the charge was 1200 from the outset, he did next to no work as i had all dealings with the garda concerned fully accounted for and typed out, in chronological order as well as copies of statements from the plaintiff and myself provided to him i feel ive been ripped off, (the 200 euro was inaddition to the 100 euro consultation fee plus 1200 euro charge) so to summarise:
i was charged 1300 euro for some posturing on the solicitors part aswell as some phonecalls, any more replies greatly appreciated

blueythebear

rachelg99 wrote: »

Hi to all,
I was accussed of a a "hit and run"- failure to stop, which was due in the district court last year, anyway to cut a long story short I had to pay a small sum of money to get the charges dropped by the DPP, my solicitor at the time charged me 100 euro for an initial consultation which ive no problem with, but also charged me 1200 euro for taking the case which never went to court, at the time I was unaware of solicitors fees for court appearances but ive seen since an advert for 200 euro and the like, I feel ive been grossly overcharged and I would like to recouperate some of the money back if possible, thoughts greatly appreciated. rachel

€1300 seems cheap when compared to the maximum sentence you could have received. That's not to say you were guilty of anything but the fact is, it would appear that you were accused of a serious crime and you were exonerated.

If you are unhappy, you should request a breakdown of the fees but I would respectfully suggest that this is something you might be advised to forget about. If you received the bill and did not dispute same at the time (or at least within a year), then you would not have much recourse.

Look at it this way, if I get a builder to build an extension to my house for €10,000 and then, a year later, I find out my neighbour got another builder to do a similar extension for €6000, would you perceive it as fair to demand €4,000 from my original builder?

rachelg99

blueythebear wrote: »

€1300 seems cheap when compared to the maximum sentence you could have received. That's not to say you were guilty of anything but the fact is, it would appear that you were accused of a serious crime and you were exonerated.

If you are unhappy, you should request a breakdown of the fees but I would respectfully suggest that this is something you might be advised to forget about. If you received the bill and did not dispute same at the time (or at least within a year), then you would not have much recourse.

Look at it this way, if I get a builder to build an extension to my house for €10,000 and then, a year later, I find out my neighbour got another builder to do a similar extension for €6000, would you perceive it as fair to demand €4,000 from my original builder?

are you a solicitor or do you work in the legal business?
an extension for a house and legal fees are 2 very different things the guy basically made some phone calls and thats it, and i wasnt guilty of the alleged crime either

littlemac1980

I agree with blueythebear.

Doesn't sound like an unreasonable fee to me... on the contrary...

blueythebear

rachelg99 wrote: »

to answer a few replies:
the small sum of money i paid to get the charges dropped was 200 euro which was originally mooted by the investigating garda, who hassled me for nearly 2 years to pay this, i wasnt even presented with a bill, so no negotiation on the solicitors part needed.
i never got a bill from the solicitor, he just told me that that was the charge was 1200 from the outset, he did next to no work as i had all dealings with the garda concerned fully accounted for and typed out, in chronological order as well as copies of statements from the plaintiff and myself provided to him i feel ive been ripped off, (the 200 euro was inaddition to the 100 euro consultation fee plus 1200 euro charge) so to summarise:
i was charged 1300 euro for some posturing on the solicitors part aswell as some phonecalls, any more replies greatly appreciated

He told you that the charge was €1200 from the outset and you were happy to pay that. He managed to obtain a good result for you which you were happy to pay for at the time. You probably don't realise what went on behind the scenes. Maybe you did.

Either way he was upfront with you and you happily paid. Just because you see an advert at a later date for a court appearance for €200 from another solicitor doesn't mean you should be entitled to a reduced rate. By all means, you can ask him for a reimbursement but I don't see it getting very far. Even if you threatened a complaint to the Law Society, I can't see him getting too worried about it.

As for whether I'm a solicitor or not, that's irrelevant. You're seeking a reimbursement for a fee paid a year ago which you were happy to pay for at the time and of which you had full knowledge. I don't see your solicitor accepting that is all.

jblack

You agreed €1,200 at the outset? This is probably a lump sum agreement - if the case had run into a full blown trial the solicitor would have had to run it at that price + outlay. If this had been the case the solicitor would be getting paid virtually nothing.

Given the risks (of cost) you quite possibly got a very good deal at the outset; the fact that the case settled does not give you the right to revisit and attempt to change your original bargain unless you agreed stage costs dependent on how far the case went..

rachelg99

blueythebear wrote: »

He told you that the charge was €1200 from the outset and you were happy to pay that. He managed to obtain a good result for you which you were happy to pay for at the time. You probably don't realise what went on behind the scenes. Maybe you did.

Either way he was upfront with you and you happily paid. Just because you see an advert at a later date for a court appearance for €200 from another solicitor doesn't mean you should be entitled to a reduced rate. By all means, you can ask him for a reimbursement but I don't see it getting very far. Even if you threatened a complaint to the Law Society, I can't see him getting too worried about it.

As for whether I'm a solicitor or not, that's irrelevant. You're seeking a reimbursement for a fee paid a year ago which you were happy to pay for at the time and of which you had full knowledge. I don't see your solicitor accepting that is all.

blueybear ican take it that you are a solicitor by your silence on this...
the solicitor in question took the case after the initial hearing as ive said before his only work was a few phone calls etc 1300 seems like a lot and i dont want a full reimbursement just a partial refund for the amount i was overcharged by id happily call it quits for 200-300 euro im not an unreasonable person and i do believe in paying for a job well done but like anybody else i dont like being overcharged

BornToKill

I don't know the ins-and-outs of your case; nor do I want to. I have to say though that if you agreed the price at the outset and that is in fact what you paid then its hard to see how you can claim to have been overcharged.

nuac

This seems a rather odd case.

Never heard of a garda being involved with a defendant for two year.

Most either leave it to the parties to settle issues themselves, or else issue a summon.

A hit and run defendant would not be highly regarded by any judge whether ti was a crimnal or civil matter.

I knew one judge who would disqualify for 12 months unless there was a very good excuse in deed.

Someone may advertise €200 for a DC case. When you alllow for time taking instructions from defendant, talking to Gardai, maybe visiting the scene, waiting in court for the case etc, that it an unrealistically low fee.

You left yourself in a weak position criminally and civilly. That reflects in extra work for your solicitor.

rachelg99

nuac wrote: »

This seems a rather odd case.

Never heard of a garda being involved with a defendant for two year.

Most either leave it to the parties to settle issues themselves, or else issue a summon.

A hit and run defendant would not be highly regarded by any judge whether ti was a crimnal or civil matter.

I knew one judge who would disqualify for 12 months unless there was a very good excuse in deed.

Someone may advertise €200 for a DC case. When you alllow for time taking instructions from defendant, talking to Gardai, maybe visiting the scene, waiting in court for the case etc, that it an unrealistically low fee.

You left yourself in a weak position criminally and civilly. That reflects in extra work for your solicitor.

are you a solicitor ? and yes the cop harassed me for 2 years about paying 200 euro and i wasnt guilty

nuac

rachelg99 wrote: »

are you a solicitor ? and yes the cop harassed me for 2 years about paying 200 euro and i wasnt guilty

1. yes

2. Unclear why the Garda was harrassing you, unless it was an unpaid fine pursuant to a court order.

Even if it was a fine I never heard of a Garda spending two years harrassing anybody over a fine.

There are other procedures

Unless it was a court imposed fine, teh Garda had no authority to bother you about payment of the €200

valleyoftheunos

I don't understand why you paid a Garda €200 to drop charges when you were innocent, what was the reason for that payment?

rachelg99

to everybody all comments welcome; i paid the 200 euro under advice from the solicitior after he got his fee 0f 1200 euro and the court date dragged nearer, i know it sounds ridiculous as i was innocent, i reluctantly paid but i felt:
1. solicitor was only intereted in getting easy cash off me and seemed very pro-establishment
2. from being in court on the initial date it looked as if the judge took garda word on anything as gospel
3. the garda in question basically coerced me into paying
4. thought that my chances of winning were little, so i thought id cut my losses and not get a conviction
as for the garda coercing the money out of me, he must have had some sort of close relationship with the plaintiff
i could go on for ages explaining the whole story from start to finish but i'd be here all day,( please pm me for intricate details of the whole story) anyway ive one question for the solicitors on this thread how much would you have charged me ?

blueythebear

rachelg99 wrote: »

ive one question for the solicitors on this thread how much would you have charged me ?

How long is a piece of string? Nobody can answer that without the details which of course you should not give out over the internet. If you feel you have been overcharged, bring it to the attention of your solicitor. When that fails to turn up a result, you have the option of taking a complaint to the Law Society.

Based on what you have said so far, I would be of the view that you don't have a leg to stand on and would be very surprised if a complaint got you anywhere.

rachelg99

Snip

McCrack

tom get in here quick, one is asking for "ballparks" and jsd1004 is being very rude, very rude altogether

Delancey

OP - what became of the 200 you gave the Garda ? Did he pass it on to the injured party ? Did he receipt it ?
The case does sound somewhat ' irregular '.

jblack

rachelg99 wrote: »

anybody willing to give me a ballpark figure based on quite a lot of info already provided? go on give it a whirl...

You've provided very little info but that's all that is required - €1,200.

jsd1004 wrote: »

What i learned is that the legal profession likes to settle cases just to avoid going to court so 'no one' loses,

Not true at all - in fact the further the case progresses the more the lawyers will get paid.

McCrack wrote: »

tom get in here quick, one is asking for "ballparks" and jsd1004 is being very rude, very rude altogether

seb65

jsd1004 wrote: »

Be very careful of solicitors. Scum of the earth that prey on vulnerable people come to mind. Having recently defended myself in a case (civil) that a solicitor quoted me 6k to defend opened my eyes. What i learned is that the legal profession likes to settle cases just to avoid going to court so 'no one' loses, They speak amongst themselves so they can split costs. The lowest of the low..

The Legal Profession and the courts prefer settlements because it, generally, gives the claimant a guaranteed pay-out and prevents costly litigation.

There are unscrupulous people in every profession. You are free to represent yourself - and you did.

seb65

rachelg99 wrote: »

to everybody all comments welcome; i paid the 200 euro under advice from the solicitior after he got his fee 0f 1200 euro and the court date dragged nearer, i know it sounds ridiculous as i was innocent, i reluctantly paid but i felt:
1. solicitor was only intereted in getting easy cash off me and seemed very pro-establishment
2. from being in court on the initial date it looked as if the judge took garda word on anything as gospel
3. the garda in question basically coerced me into paying
4. thought that my chances of winning were little, so i thought id cut my losses and not get a conviction
as for the garda coercing the money out of me, he must have had some sort of close relationship with the plaintiff
i could go on for ages explaining the whole story from start to finish but i'd be here all day,( please pm me for intricate details of the whole story) anyway ive one question for the solicitors on this thread how much would you have charged me ?

So, you went to court. I assume your solicitor was there with you as well? That's a day gone for your solicitor.

The judge took the Garda's word over yours and you thought you would lose.You settled because you thought you were going to get a conviction. Instead of a conviction for a hit and run, you paid a measly 200. You're very lucky and it seems your solicitor did the job well.

Lawyers in my family charged 600+ an hour and more for court time. 1200 is nothing.

And as for the solicitor appearing to be very pro-establishment....what does that mean exactly? Should he/she have had some anarchy symbols lying around the office?

littlemac1980

seb65 wrote: »

And as for the solicitor appearing to be very pro-establishment....what does that mean exactly? Should he/she have had some anarchy symbols lying around the office?

Maybe a sex-pistols T-Shirt on under the suit?

rachelg99

seb65 wrote: »

So, you went to court. I assume your solicitor was there with you as well? That's a day gone for your solicitor.

The judge took the Garda's word over yours and you thought you would lose.You settled because you thought you were going to get a conviction. Instead of a conviction for a hit and run, you paid a measly 200. You're very lucky and it seems your solicitor did the job well.

Lawyers in my family charged 600+ an hour and more for court time. 1200 is nothing.

And as for the solicitor appearing to be very pro-establishment....what does that mean exactly? Should he/she have had some anarchy symbols lying
around the office?

like i said before im just looking for fairplay nor am i trying to be argumentative
i assume the garda took the money and gave it to the plaintiff to repair a scratch to her car which i never got a bill for, (she went into the back wing of my car) strange one that! i thought if somebody went into the back of your car they were in the wrong, but not in ireland if the offender has garda connections
the case never went to court please read earlier posts,
the solicitor appeared to be pro estblishment because when i told him about the hastle i was getting from the garda about the 200 euro he didnt seem one bit interested and other stuff which i cant elaborate on here
lastly if somebody wants to pm me for more details id be happy to do so

Tom Young

Thread has run its course.

OP: Report the solicitor to the Law Society as has been suggested already. If you believe it's a Garda issue, try the Ombudsman but be aware that the duration for complaints is six months.

I know the OP wasn't seeking legal advice but I don't want any valid claim or indeed invalid claim compromised by details being posted here.

There are avenues to explore. Take them up.