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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5619
Experience:  Solicitor
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I am an expert witness and as such, provided a statement on

Resolved Question:

I am an expert witness and as such, provided a statement on request from a solicitor four months ago. The invoice was not paid within the stated terms and I was then advised the firm had been closed by the SRA. However, the solicitor I was dealing with had moved to another firm and recontacted me to carry on the case. I am now, still, trying to get my invoice paid without success. The solicitor in question claims liability lies with the closed firm, not himself. He has stated that I can continue the case with him and get paid when his client pays, or go via the SRA compensation fund. My question is; who is liable for this debt?
Submitted: 3 months ago.
Category: Law
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you with this.

I assume the file has been assigned?

Customer: replied 3 months ago.
Hi Jamie, thank you. I'm not clear on what you mean by "assigned", could you clarify that for me?
Expert:  Jamie-Law replied 3 months ago.

They took over all the existing files.

Customer: replied 3 months ago.
I assume so yes. The solicitor in question took the case with him to the new firm and is now acting for the same client, on the same case, on an ongoing basis, but with the new firm. His position is that; as the original request came when he was with the previous (now closed) firm, the liability is with them. I think it lies with him as he requested the statement and has continued the case with his new firm.
Expert:  Jamie-Law replied 3 months ago.

Ok - then they have a liability to pay. Although your contract is with the existing firm and the debt lay there, then you do not have to do any work whatsoever until your bill is paid.

If the client matter went to Court and this new firm won, they would recover your fees.
As such they only have a liability to pay you if it went to Court and it was recovered.

But you dont have to do any more work until the fees are recovered.
Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
please - just to be absolutely clear:I have provided the work already and am awaiting payment. No further work should be needed (although it is possible).So - Does that mean that the liability is with the NEW firm that the solicitor has moved to and not the old firm? I'm not sure who you mean by "they" when you say "Then they have a liability to pay".
Expert:  Jamie-Law replied 3 months ago.

Old firm. But they have a duty to try and recover your fee when the matter gets to Court

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Ah right. Ok thank you; obviously not quite the answer I was hoping for but it does at least clarify the situation. Thank you for this, very much appreciated.
Expert:  Jamie-Law replied 3 months ago.

Thanks