The solicitor acting for my mother did not make a new application for legal aid for her on time. He knew in advance that legal aid would end in April.
1. Has there been professional neglience ?
2.Has there been a breach of contract ?
The solicitor is trying to force her to take a conditional fee agreement,we feel that this is unacceptable as this would put her in an adverse position compared to legal aid ( 25% success fee for barrister and solictor ). What steps should we take?
Can i please have a response.
A reason for the delay was never explained despite numerous letters requesting one.
The ultimate loss is legal aid for my mother and an unnecessary delay in the case and detoriation in the home that she lives in.
Despite statutory charges that have to be paid under legal aid,agreeing to a no win no fee would financially make her worse off for example 25 % fee for solicitor and barrister,interim hearing costs from council,part 36,solicitors basic charges and 20% VAT etc.
Why should my mother agree to something like this that was never part of the original agreement.
The dispute with the council is not completed,i am not able to tell you what the costs are. This case was a legal aid case not no win no fee, the case has been on hold since may of this year because the solicitors lost legal aid for my mother because they did not apply for her after her husband died.
The solictors are tying to make my mother sign a no win no fee or conditional agreement. They have not accepted responsibility for the loss of her legal aid with no explanation at all, they say her only option is no win no fee.My mother says no to them because they are at fault.
Hence the statutory charge, any damages awarded to her would enable her to sort her home out.
What about the success fees that comes out of her damages to pay the solicitor and barrister?
Surely she will not be left with much of the damages after they are paid.
Could you tell me if you think their actions are negligent because they failed to apply for legal aid for her before the law changed in April this year.