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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice.
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Hypothetically speaking - I have contacted several Solicitors

Customer Question

Hypothetically speaking -

I have contacted several Solicitors to enquire about taking on my summons case (two offences - one of them I am pleading guilty and the other not guilty), regarding a traffic incident. The Solicitor I have chosen has advised me not to respond to the summons, but instead just turn up on the date of the summons and he will be there at the hearing.

Now I have already contacted an Expert on this website who has suggested that I respond to the summons immediately and turn up to the hearing, which will work out cheaper for me.

The question is: Why is it cheaper to respond to the summons now?

If I follow the instructions of the Solicitor to not respond to the summons and just turn up on the hearing date, hypothetically why would this be a more expensive route?

Is the Solicitor trying to make more money by advising me to respond in this manner? And how?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Its cheaper because if you do not enter a plea they will presume a not guilty plea and adjourn for a trial date or try you in absence. You will be liable for cost

It would not be more expensive to plead in person.

Its quite unlikely that a solicitor is giving you incorrect advice to make money.
Customer: replied 3 years ago.

I'd like to clarify the following: When you said that "..It would not be more expensive to plead in person.", are you saying that it is less expensive to respond to summons and turn up on the date?


My rationale for asking whether the solicitor is advising me in such a way to make more money, is that hypothetically speaking, after reading the details of my case, he may feel that I should respond as "not guilty" to both offences on that summons day in person, instead of responding to it and then I would have to pay for another session with him for another court date. My concern is that he might want to stretch out my case more than is necessary, hence my suggestion of the potential money making.


 


Do you think it is reasonable to plead guilty to failing to stop at an accident which you did not cause? In other words, is it an offence for me to not stop at an accident in which the other party ran into my vehicle? Personally, I don't see why I should plead guilty to something I did not do.

Expert:  Jo C. replied 3 years ago.
1 No, it would be the same cost.

2 I wouldn't be able to comment on that really.

3 No. If you didn't stop and report, whatever the case of the accident, then you are guilty of that offence. So, yes it is an offence to stop and report whether the other party was to blame or not. You may have a defence to the careless driving but not the failing to stop.
Customer: replied 3 years ago.

You state "...So, yes it is an offence to stop and report whether the other party was to blame or not. You may have a defence to the careless driving but not the failing to stop."


 


Surely you mean 'It is an offence to NOT stop and report' regardless of who caused the accident?


 


 

Expert:  Jo C. replied 3 years ago.
It is an offence to fail to stop and report whatever the cause of the accident.
Customer: replied 3 years ago.

At a summons hearing, what exactly would a solicitor do?

Expert:  Jo C. replied 3 years ago.
It depends how you plead but he would advice you upon pleas and issues.

If you plead not guilty then he would explain the issues to the court.

If you plead guilty then he would mitigate.