Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Personal Injury

Options
  • 12-05-2014 6:05pm
    #1
    Registered Users Posts: 9


    Hi about a year a go I slipped on a pier and hurt my shoulder I was thinking about making a claim but decided not to as I dont agree with claims and Im suffering no long term damage. I contacted two solictors online and they asked me to send photos which I did. But I never signed any contracts with either when I told one of them I didnt wish to proceed they said they are sending me a bill, can they do this thanks again for any advice


Comments

  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    I'd imagine so, you used their services and they now want to be paid for that time.

    Were you proceeding they would also want paying at some point.


  • Registered Users Posts: 9 VisualJohn


    Even though It was no win no fee, and I didnt ask them to carry out any work


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    VisualJohn wrote: »
    Even though It was no win no fee, and I didnt ask them to carry out any work

    No win no fee is predicated on you actually taking the case forward.

    As it's not going ahead, they are imo entitled to bill for the time they spent talking to you, reviewing pictures etc


  • Registered Users Posts: 9 VisualJohn


    Thats great thanks for your advice. I still think its a little unfair but hey thats lawyers for you


  • Registered Users Posts: 4,065 ✭✭✭Miaireland


    The no win, no fees is based on the case going ahead and you winning. Then the other side pay your solicitor's bill. (The other side being the owner of the pier or their insurance company). As you have not taken a claim (well done for not being part of the sue culture:-)) the only person the solicitor can bill is you.


  • Advertisement
  • Closed Accounts Posts: 196 ✭✭skelligs


    VisualJohn wrote: »
    Thats great thanks for your advice. I still think its a little unfair but hey thats lawyers for you

    Surely if you had spent years studying a particular field, spent a fortune on college fees and many years of scrimping as a student, you'd hope that you'd be able to charge people for parting with some of the learning you experienced?

    Maybe if you went to the doctor and felt ill and after he checks you out says that you are fine - would you expect him not to charge too?

    Come on - a bit of realism is needed. You go to a professional person for advice, you need to pay a fair price for it.


  • Registered Users Posts: 2,728 ✭✭✭dilallio


    All doctors (as professionals) have their fees displayed on their notice boards.

    I would expect solicitors to do the same or at least inform you of the costs if you decide not to proceed.

    Of course, what I expect may not and probably does not happen in the real world, the way the self-regulated legal business works.

    If you contacted them through an online website, you will need to look at the terms & conditions on their website and see what the t & c's say about fees.


  • Registered Users Posts: 9 VisualJohn


    "All doctors (as professionals) have their fees displayed on their notice boards"
    I come from a medical background and couldn't agree more I have also used solicitors in the past and obviously happily paid them for their services. In this case it was an enquiry. The lawyer in question became angry when I decided not to sue it is something I dont believe in. I will check out there T&C however, my gut is I will loose.


  • Registered Users Posts: 9 VisualJohn


    Seeking final advice. I finally got my invoice from solicitor today in two parts
    1st part for the sum of 467.40 euros for his time which in my opinion is fair.
    However the second one was for 803.25 euro for the engineering report which was also fair however, I informed my solicitor that I didn't want to proceed with the case on the 11/05/14 but the engineer carried out his survey on the 05/06/14 nearly a month after I cancelled so am I liable for this fee also ? If not how should I reply so as not to continue this matter. Any help would be greatly appreciated.
    Regards

    John


  • Registered Users Posts: 3,422 ✭✭✭Avns1s


    Did you tell the Solicitor in writing that you weren't proceeding on the 11th May? If you did, then I think he had enough time to cancel the engineer. If you can't prove you told him, that's another matter.

    Would it be that the report was issued on the 5th June but that the inspection was done some time prior to 11th May? In this case, I would consider that you'd be liable for his costs.


  • Advertisement
  • Registered Users Posts: 9 VisualJohn


    Unfourtnately I told him verbally on the invoice it states
    1. Inspecting accident scene 05.06.14

    I have this thread dating back to 12.05.14 though ????


  • Registered Users Posts: 457 ✭✭metroburgers


    VisualJohn wrote: »
    Unfourtnately I told him verbally on the invoice it states
    1. Inspecting accident scene 05.06.14

    I have this thread dating back to 12.05.14 though ????

    Haha, but seriously why not just pursue the claim on a no win no fee basis if you were actually inconvenienced short-term.
    VisualJohn wrote: »
    Hi about a year a go I slipped on a pier and hurt my shoulder I was thinking about making a claim but decided not to as I dont agree with claims and Im suffering no long term damage

    That's all fair enough, but you did contact two solicitors.


  • Registered Users Posts: 9 VisualJohn


    Haha, but seriously why not just pursue the claim on a no win no fee basis if you were actually inconvenienced short-term.

    Short term yes but in my opinion that's not worthy of a claim its that attitude that is driving up all our insurances


  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Avns1s wrote: »
    Did you tell the Solicitor in writing that you weren't proceeding on the 11th May? If you did, then I think he had enough time to cancel the engineer. If you can't prove you told him, that's another matter....
    You could balance that with a question about whether the solicitor had written instructions in the first place. And if so, what those instructions were.


  • Registered Users Posts: 9 VisualJohn


    I filled in an online contact form and they ran with it from there. I thought it was a general enquiry


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    You 'don't agree with claims' but you contacted a solicitor? Rather silly on both counts, no?

    Anyway... Contact the Law Society and get them to look into the matter. If the solicitor has gone off with out proper instructions that's their fault.

    OP if you're hurt through someone else's negligence then you sue. It's the reason why we don't allow six year olds to get mangled in cotton weaving machines anymore. If you fall over yourself or you suffer no long term damage why waste everyone's time? That said I've even less time for cowboy solicitors.


  • Registered Users Posts: 9 VisualJohn


    Thanks Polite I agree with all you said and I believe in fair play as I am happy to pay his fees as I did contact him. However, not sure the other side is fair.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    VisualJohn wrote: »
    Thanks Polite I agree with all you said and I believe in fair play as I am happy to pay his fees as I did contact him. However, not sure the other side is fair.

    While I might be being a bit harsh towards you a solicitor can't charge in excess of €400 for a bloody web form. Treat a solicitor in exactly the same way you'd treat a plumber - you quote first and if you charge for the quote then you better tell people up front.

    Get on to the Law Society, there should have been a letter sent out detailing charges before work started.


Advertisement