How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12547
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I previously instructed a lawyer to raise an ordinary court

This answer was rated:

i previously instructed a lawyer to raise an ordinary court action during eviction proceedings against my client.
unfortunately they raised a summary court action which i was later informed could take years to go through the court system
before i would be able to obtain possession of my property.
i subsequently parted company with the law firm after paying £1000's in legal fees for an action i did not instruct.
at the time of parting i owed approx £500 which i am now threatened with legal action.
my belief is i owe nothing and if anything the law firm owe myself the money i wasted on an action i did not want or instruct them to do.
Any advice would be appreciated

I am a solicitor in Scotland. Thank you for your question. Do you mean tenant rather than client.

Customer: replied 4 months ago.
thats correct it should have read tenant

A summary cause action was and still is the correct way of recovering possession of property from a tenant. And it is generally a quicker procedure than ordinary procedure. Why did you want an ordinary action raised?

Customer: replied 4 months ago.
i believed an ordinary action was to recover no payment or a payment of less than a specified amount i.e. £5,000
a summary court action would be an attempt to receive all my rent arrears approx. 18K over numerous years, and would therefore take a great deal longer to go through the system as it involved a greater sum of money.

An ordinary court action deals with cases of a value of more than £5000, not less.

Customer: replied 4 months ago.
i was wrong in my assumption but would that bar myself from any comeback against the law firm for not explaining the difference correctly with myself or not following the instruction i gave them
Customer: replied 4 months ago.
i was wrong in my initial statement in fact, now that ive had time to review the emails in greater detail, i was requesting summary court action without any seeking of rent arrears whereas the law firm raised ordinary action that is why i was subsequently told it could take 18 -24 months for the eviction to happen

I see. That does make a difference. An ordinary action would be far more costly and would take longer and I speculate there would be more complex issues (such as whether any rent payments were timebarred for example). If you instructed a summary cause action for recovery of heritable property only and they did something else then you have cause for complaint. You can submit a complaint to the Scottish Legal Complaints Commission assuming no more than 3 years have passed since the firm ceased acting for you in this matter. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 4 months ago.
i feel in that case i do not feel required to pay their outstanding fees, i am willing to write off the £1000s i paid them but i feel
it is rich of them to demand another £500 for a case i did not instruct.
would i have a case of counter claiming them if they take court action in your opinion ?

Yes you would. The SLCC also has the power to waive or order repayment of fees.

JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 4 months ago.
it was just over 3 years now since they ceased acting for me, possibly that is the reason they have waited so long.
so if it goes to court and not the SLCC do i have a case that i can defend my position or would it be better for me to pay these additional fees as if i lose i would be liable for costs ?
Customer: replied 4 months ago.
ok i've just realised you have answered that point in your last reply
many thanks again for your time and patience :)