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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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In a fee dispute with a scottish lawyer does he have an automatiic

Customer Question

In a fee dispute with a scottish lawyer does he have an automatiic right of lien over cash assets held by him in excess of the amount in dispute
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
He has a lien over monies sufficient to pay his fees and outlays including the costs of taxation (assessment) of his account. Any excess has to be returned to the client on request.
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Customer: replied 2 years ago.

Many thanks for your answer: that is exactly what I though but it is good to get corroboration from an expert.

He says that his fees are calculated in accordance with Law Society recommendations but that is not what he said when he was commissioned so we have a bit of a problem which is not being helped by his reluctance to give us any detail about how his fees are built up.

Common sense will prevail!!

Expert:  JGM replied 2 years ago.
There's no longer a Law Society recommended scale of charges. A solicitor should set out his fixed fee or hourly charges in a terms of business letter to the client. The client is entitled to a breakdown of non fixed fee charges and is entitled to have the fee taxed or audited.