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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Can your Solicitor ask to come off record on your case if he

Resolved Question:

Can your Solicitor ask to come off record on your case if he knows that he has been negligent BUT is trying to use the excuse you did not pay his bill?
You have paid £5,000 off his bill and he is asking for £6,000 MORE
but has really made a mess!!!
He says he wants you to pay him just £1,500 and sign a form saying you will not sue him for negligence or sue the barrister he instructed, who has also reduced his bill and wants you to sign the same form saying you will not sue him for professional negligence either?
HELP !!!
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. In these circumstances, I would advise you to immediately go to a new solicitor and get the new solicitor to take over the case. There is no point in paying out more money to this solicitor if he has been negligent. The new solicitor can give the original solicitor an undertaking that his fees will be discharged upon the completion of the case. In the meantime, you can sue the original solicitor and barrister for negligence and to get your fees paid back. The solicitor will not pursue for any further fees once you sue him. Additionally, you should not sign a form which removes liability for negligence for the solicitor or the barrister he employed. Be aware that neither you nor the solicitor are chained to one another. The law will allow each of you to leave the relationship. So don't fee imprisoned by the behaviour of this solicitor's behaviour. Effectively the solicitor wants to get rid of you as a client by immediately seeking more fees than you can pay. Additionally, he wants you to not sue him for negligence. So don't stay with the solicitor.

JACUSTOMER-fpvxqyr3- :

I wouldn't pay a plumber who was negligent why would my new solicitor agree to pay this professional who was negligent anything?

JACUSTOMER-fpvxqyr3- :

If he stays on record can he not sort out his mess with the solicitor's he agreed to pay High Court costs to in a County Court award WITHOUT MY AUTHORITY?

Buachaill :

2. This approach of giving the undertaking to another solicitor is necessary in order to get the solicitor's file of the case. It does not mean that any costs will be paid. So you should not worry. Secondly, this current solicitor will not sort out the mess. YOur current solicitor will only act in her own interest. That is why you should get a new solicitor. Your current solicitor has a clear conflict of interest between her own interest and yours. That is why you get a new solicitor.

Buachaill :

3. Please RATE the Answer. I see you have asked 6 questions and have rated none of the answers to them. The Experts do not get paid their share of the money you have paid the website unless you RATE the Answer. So you might find your questions going unanswered as a result.

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