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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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What responsibilty has a lawyer to apply due diligence before

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What responsibilty has a lawyer to apply due diligence before proceeding with a case.
We are guilty of a breech of contract which enables the lawyer to unlimited expences and he has promised the other party at least £20,000.00 with no expences. However the other party has not been clean with the lawyer in that he has sufferred no loss and allegations made todate have been refuted.The lawyers expences todate are over £4500.00.
Our breech was to commence trading 2 months early.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

-Could you explain your situation a little more?
Customer: replied 4 years ago.

I am Afraid to divulge much more as this is ongoing with a Part 36 issued
for 20,000.00 and the sueing lawyer claiming excesive fees which he will increase.

There are faults in that passed customers were advised we were back in business and the sueer(?) has written to some who have since approached us but we have not quoted and have told them we cannot deal with them To date we have not processed any request and the suer

has suffered no loss

This is a public forum and I appreciate that you may not want to divulge more information although no one knows who you are or where you are.
I will therefore answer as best I can based upon the limited information that I have.
The solicitor is under a duty to advise you truthfully and honestly and not to drag you into pointless litigation or to defend a case which has no hope of being defended, simply because he gets paid for going to court and dealing with all the correspondence.
If you think the solicitor has done that to massage his own fees, then make a formal complaint to the Legal Complaints Service at the Solicitors Regulation Authority.
Does that answer the question? Can I answer any specific points?
Customer: replied 4 years ago.

Thank you for that. The answer to 'due diligence' is taken as yes it should be applied and the solicitor is responsilble for assessing the value of the claim before proceeding i.e. you could only get £500 plus my costs
warning to his client. As a matter of intrest the opening stance was the use of photographs on our website which we had taken and therefore owned them.


Yes absolutely. The solicitor should do that. He should give you a likely chance of success. His estimated costs. What it is likely to cost you in legal costs for the other side if you lose.And likely timescale
He should do all this before you actually proceed and therefore when you end up with the bill, it should not be a shock. Remember that no one goes into litigation expecting to lose and even if he says you have a good chance, you can still lose. The important thing is that if you do lose, you would advise exactly (or rather you were given an estimate) of how much it would hurt your pocket.
Can I help further?
Customer: replied 4 years ago.

Many Mant Thaks for that I have not completed the ratings ( which are excellent !!) as I dont wish to close this as yet

No worries.
it stays open for us to continue after rating

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Thank you,
Customer: replied 4 years ago.

Sorry for the delay

We await the reaction of their lawyers.

Would you be able to recommend a lawyer strong enough (?) to take on the ambulance chasing brigade as I feel the reprecussions of pursuing this may have an effect throughout the legal industry!!


At this stage, I would deal with this by way of a complaint to the Legal Complaints Service at the Solicitors Regulation Authority if you feel that they have led you into needless litigation with a view to simply massaging their own fees on something that could have been settled much earlier and at less cost.
James Mather,
Category: Law
Satisfied Customers: 22629
Experience: Senior Partner at Berkson Wallace
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