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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, My name is Ron (sent question ealier but was called

Resolved Question:

Hello,
My name is Ron (sent question ealier but was called away before I could go further, sorry)
My son is taking action against Glos C.C. He is using Pro Bono solicitors, Matthew Gold. He has just 'lost' legal aid due to my giving him loans to assist him, openly via bank. Now solicitors are asking £600 for 3 months to carry on with the work because of loss of LA. They say they cannot continue to do any work on the case because of the loss. Is this correct please?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Just to confirm the solicitors took it on a pro bono? If so, why would he need legal aid pleasea.
Customer:

Hi Alex,

Customer:

Just asked son question he does not have any answer. He says that it because LA cancelled.

Customer:

I see your point. He went to M Gold after finding them on the net. It was advertised as Pro Bono. They then looked at the case and took it on. At that stage son on Legal aid. Then, because of loans they counted it as income and cancelled legal aid, but as I say, I see your point IF pro bono you would not need legal aid. It is now getting complex!

Alex Watts : Yes so that position needs to be clarified.
Alex Watts : Did he sign any terms of business?
Customer:

As far as I am aware NO, he and family went to see the solicitors left relevant paperwork and then they agreed to take on the case. He has received a letter from them today stating that they will continue with the case with a payment of £2000 spread over 3 months (half normal costs!) and will proceed on a no win no fee basis. Son is awaiting for a call from them (she in conference!) to ask them what they mean by Pro Bono. To date nothing has been paid. Son had a brain tumour removed some time ago and left with several problems, not life threatening, so he relies on benefits DLA his wife on Income support, 2 boys 17 and 8 so wife and I helped. Now I know we should have given him cash and not as we did pay off some of his bills (credit cards, removal costs etc)

Customer:

Just confirmed by son and his wife that they have signed NOTHING for M Gold, also received no papers from them with any updates etc. Only ever dealt by phone or e-mail.

Customer:

On further investigation it appears that a CFA was agreed!

Alex Watts :

Ok - if it was a CFA do they believe prospects have fallen below 50%?

Customer:

Sorry for the delay. Answer to yours.... No-one knows! Son has received NO paperwork or correspondence saying what has transpired to date only phone calls. It was intimated that Glos C.C. had made an offer but no firm details. I did see one item from a report from Glos where their solicitors admitted liability, but nothing else to date. Son has asked for paperwork, but person dealing with is always 'in conference'. What can he (we) do to obtain details, in writing, what has transpired to date?

Alex Watts : Has he complained to the managing partner of the firm?
Customer:

Yes and is awaiting a response

Alex Watts : Ok. If he is waiting a response, what do you want to know from me today?
Customer:

I suppose the questions must be: Was/Is my son entitled to have paperwork to show what has been done from start of the case up until now? and am I now correct in assuming that Solrs are with their rights to ask for this payment?

Customer:

I have not mentioned that my son received a phone call from his solrs about May this year saying that after a court hearing the council were supposed to have offered a large sum (about £70k) to cover problems concerned to son, wife ant their 2 children. Now he is told by solrs that this was a mistake and the matter needs further work to obtain an offer. Again nothing in writing

Customer:

Thank you for reading all of these. May I come back if I require further clarification?

Alex Watts :

You need to check whether he signed any terms of business and if so what that said about fees.

Alex Watts :

If the prospects of the claim fell below 50% then he would need to pay to carry on

Alex Watts :

If his Legal Aid was withdrawn then he would need to make a contribution towards costs

Alex Watts :

But he should ask for a detailed work printout to see what was done.

Alex Watts :

But he wont be entitled to any paperwork documents until the fee has been paid

Alex Watts :

But he needs to check the terms and conditions but this will state what fee is payable, how it is worked out and when

Alex Watts :

But it is all in the paperwork. The detail will be there.

Alex Watts :

But in the meantime he can ask for a detailed work prinout

Alex Watts :

Can I clarify anything for you about this today please?

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