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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17060
Experience:  30 years as a practising solicitor.
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I am after some advice about changing solicitors, Scotland,

Customer Question

JA: Hello. How can I help?
Customer: I am after some advice about changing solicitors
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: We have defended a building dispute and won, we have been awarded settlement of invoice plus interest but still await an hearing of expenses
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have said to the solicitors in question that moving on to this next step in the case i would like to move solicitors as they are using a solicitor and an advocate and im worried they are going to eat up all of what we have been awarded as their bills to date have been £120k+ and they are now not happy about that. The thing that is getting me really confused is they have offered to now work for free til the end of this as a good will gesture
Submitted: 17 days ago.
Category: Scots Law
Expert:  JGM replied 17 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 17 days ago.

If you have won the case it remains only for your solicitors to draw up a judicial account, usually done by their lawyers accountants, and submit it to the court for taxation by the auditor. It’s not a good time to move to another solicitor who didn’t conduct the case. An advocate would not be involved in the account of expenses not the diet of taxation. Your solicitors may be able to work for free at present because they know you are likely to make a recovery.

Expert:  JGM replied 17 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 17 days ago.
My understanding is hearing of expenses is different to a diet of taxation and they assure me that an advocate will have to be at a hearing of expenses. They also arent talking about working for free and recovering costs. They have been charging by the time unit and are now saying they will not charge for any more work right up to a diet of taxation. Why would they be so keen to retain me as a client and work for nothing for the next few months. Is there some gain at the end of this that i am not seeing.
Expert:  JGM replied 17 days ago.

There’s not a lot to be done is perhaps the answer. The hearing on expenses is usually determined that winner gets expenses other than insofar as dealt with already during the case. Then the account is drafted and the taxation fixed. Counsel is not usually required for a hearing on expenses unless the case is in the Court of Session. Maybe they are ahead on their fees and that’s why they won’t charge any more. Or perhaps they k ow they’ve done well in fees and are prepared to finish the case off for nothing.