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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10405
Experience:  Barrister 17 years experience
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My daughter had a accident in work just over a yr ago

Resolved Question:

Hi
My daughter had a accident in work just over a yr ago but now the soilicitor is asking if she wants insurance and ishe doesn't know why.can you exspain this as they seem to be leaving me as her go between as she works long hours to do all the phoning for updates on her case. plus i never get to talk to the solicitor always the person who answer's the phone.
many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. What payment arrangement is in place for payment of the solicitor's fees for taking the case?
Customer: replied 1 year ago.
when i first applied my request they advertised 10%of compensation now it is 25%of compensation but they have now asked for insurance payment will cost 350 pounds
Customer: replied 1 year ago.
after a yr i am now thinking are they taking this case to court and this is why they want her to sign for insurance and will the payment be taken from any compensation she gets or a upfront payment is needed
Expert:  Buachaill replied 1 year ago.
2. What the solicitor means by insurance here is legal expenses insurance. Essentially, the solicitor wants a guarantee of payment by means of insurance if the case is unsuccessful. This happens only rarely when a contingency fee arrangement has been entered into. The solicitor is doing a "belt and braces" approach to payment. You should ensure that the solicitor accounts to you for it when dealing with the contingency fee. Be aware also that 25% is a very high contingency fee payment.
Expert:  Buachaill replied 1 year ago.
3. The usual rule is that the insurance monies are deducted from the 25% contingency fee. But make sure is agreed in writing so this does not alter in the future.
Customer: replied 1 year ago.
As this is a no win no fee should she still have to sign for the insurance or can we change solicitors if they now claim it is not a no win no fee claim as we were never informed she would need insurance further down the claim as it has taken them 12months to tell us about the insurance
Expert:  Buachaill replied 1 year ago.
4. Once you enter into an contingency fee arrangement, then should you seek to change solicitors, full fees immediately owing. So unless you have these monies available to hand or unless you authorise your new solicitor to given a solicitor's undertaking to pay these fees from the award, then you won't be able to move solicitors. However, as this solicitors has not only increased the contingency percentage from 10% to 25% and wants insurance, you would be best advised to move solicitors. However, speak with a new solicitor in advance and get nailed down in writing what the percentage contingency fee payment will be and any insurance payments in advance of moving. Then get this new solicitor to give a solicitor's undertaking to discharge the original solicitors fees from any award.
Expert:  Buachaill replied 1 year ago.
5. Be aware that you will meet some opposition to moving solicitors from the original solicitor. It might be better to re-negotiate the percentage contingency fee and the insurance payment and confirm these in writing but stay with the same solicitor. However, this is a matter of judgment and you should assess the best course yourself from negotiating with this current solicitor and speaking with a new solicitor.
Customer: replied 1 year ago.
i have never spoken to the solicitor as he has never returned my calls but also only spoken to the person who asnwer's the phone i presume is the receptionist can i re-negotiate these matter's with them .
Expert:  Buachaill replied 1 year ago.
6. From a practical point of view, it is a bad idea not to speak to the person in charge. You can seek to re-negotiate through the intermediary, but I would suggest that this is not the optimum approach. You or your daughter are better attend in person and speak with the boss. In that way there is not going to be any misunderstanding and things can be nailed down. Part of the difficulty is that things kept changing here because you are not dealing with the person in charge.
Customer: replied 1 year ago.
Thank you very much you advice has helped me to now ask a lot of questions from this solicitor dealing with this case.my best regards
sylvia
Expert:  Buachaill replied 1 year ago.
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Buachaill, Barrister
Category: Law
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Experience: Barrister 17 years experience
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