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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.
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.
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.
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.