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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have recently defended a case share of profits. On

Resolved Question:

I have recently defended a case for a share of profits. On investigation I found the claimant was dishonest and committed fraud in falsifying his time sheets, altered several third party invoices. At trial the claimant stated he was not aware what he was doing was an offence.
After 1 days trial my barrister said "this is good as it gets" I have spent nearly £500,000
on solicitors and councils fees only to be presented with another bill from solicitors for £60,000. I feel that I was wrongly advised, very poorly represented. I have obtained a transcript of the trial where the claimant has admitted altering invoices etc.
I am told that I can take out a private claim against this person.
The problem is I have spoken to a different solicitor who although stating I have a case, is asking for monies up front of which I have very little left.
Can I refuse to pay the fees of £60,000 on the grounds of poor advise and service.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Have you raised a complaint with the solicitor about the level of service you received?
Customer: replied 2 years ago.

Yes

Expert:  Jenny replied 2 years ago.
Ok what response have you received?
Customer: replied 2 years ago.

Yes on the advice of the legal ombudsman

Expert:  Jenny replied 2 years ago.
Sorry I'm not clear what you mean by that. Have you contacted the legal ombudsman or you were advised to contact them?
Customer: replied 2 years ago.

The legal ombudsman has advised me to send a letter of formal complaint, they will also register the a letter of complaint to them

Expert:  Jenny replied 2 years ago.
Ok thank you. Did the Legal Ombudman have a view of your matter or say you need to contact them first?
Customer: replied 2 years ago.

They told me to send a letter of complaint to them, they have up to 8 weeks to reply

Expert:  Jenny replied 2 years ago.
Hi they are quite right that this is the first course of action you should take.
You should ask them to provide a full breakdown of their costs in relation to the matter and you should spell out why you are dissatisfied with their service in relation to the advice you received.
Whether you are able to refuse to pay all of the fees will depend on whether they ought to have known or advice you that your case had no prospect of success. If your case would have succeeded if the Claimant had not lied then the blame for this may not be able to be laid on your solicitors door.
As a first step you should contact the firm's managing partner and ask to see their complaints procedure and submit a complaint and see what the response is.
If they do not reduce or cancel the bill then you can forward your complaint to the Legal Services Ombudsman after 8 weeks.
The legal services ombudsman can make recommendations.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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