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chatham-chamber, Advocate
Category: Law
Satisfied Customers: 12959
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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When an instructed solicitor is on holiday can the hourly

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Dear Sir/Madam,
When an instructed solicitor is on holiday can the hourly rate of a Senior Partner be charged instead of the instructed solicitors rate.
Also, the solicitor did not attend two*****hearings but instead instructed a barrister. This has worked out to be quite a significant additional cost as the barrister was retained on a day rate basis, plus the solicitor charging to prepare a handover for the barrister.
Is this an acceptable practice, as I do not understand why the client should be financially penalised for solicitors holidays but more importantly, not making a court date and instruction a barrister to attend instead at additional cost to the client.
JA: Where is the partner? It matters because laws vary by location.
Customer: England
JA: What steps has the partner taken so far?
Customer: He took over whilst the instructed solicitor was on annual leave. As a consequence, I was charged a Senior Partners rate for reviewing the file etc.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No


Were you informed of the change of acting solicitor?

Do the terms and conditions state that other fee earners will also set on the file?

Customer: replied 2 months ago.
I was aware and the terms and conditions do state other fee earners may work on the file. However, I was charged for a Senior Partner to do no more than review the file, if it was reviewed at all. The largest additional cost has been the stand-in barrister on two occasions who charged at a day rate for a 30-minute hearing.


What can you do is file a complaint to the firm directly, if you do not get a satisfactory response, you can estate the matter to the legal ombudsman.

The alternative is to make an application to have the costs assessed by a costs draftsman.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

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