Can solicitors charge for doing nothing?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can solicitors charge for doing nothing?

    Well alright, next to nothing.

    Ive just received a letter stating that I will be charged by the solicitors for a brief consultation over the phone.

    All that happened was the solicitor asked to view the rental agreement, and then declared that the whole situation was a mess and the chances of getting the tenants removed was 50 50 at the very best.

    Then all the solicitors bumpf turns up in the post but in the mean time ive decided not to go through eviction proceedings just yet for various reasons.

    I have not signed or agreed anything with the solicitor. Can I still be charged?

    #2
    The solicitor has provided a service - he has given advice.

    Comment


      #3
      Originally posted by Lawcruncher View Post
      The solicitor has provided a service - he has given advice.
      True, but it's not quite so simple.
      Did client actually instruct solicitor? What about the EU-dictated "Distance Selling Directive" and seven-day cooling-off period thereunder?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Jeffrey,

        quite clearly there has been several thousand pounds worth of legal service provided. Us struggling solictors must stand by our fellow bastions of truth and justice.
        Mark Hessel

        Any comments I post are just that, comments. Every situation is unique and so you should not apply any comments I make to your situation, no matter how close they may appear to match your circumstances.

        Comment


          #5
          Provided: maybe.
          Instructed: maybe not.
          Do you pay when receiving unordered goods, then?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Last time I moved house, my solicitor tried to charge me £98 for dispatching a letter which I both wrote and delivered myself.

            (Just thought I'd air that grievance a bit!)
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              You mean they tried to charge you for NOT dispatching the letter?
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


                #8
                Originally posted by Paul_f View Post
                You mean they tried to charge you for NOT dispatching the letter?
                Precisely. But that wouldn't have looked quite right on the invoice!
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  You go into a shop and say: "May I have a bottle of Château Yquem, please?" The assistant gives it to you. You say: "Thank you" and start to walk away without paying. The assistant runs after you demanding payment. You reply: "I wasn't making an offer to purchase - I just wanted you to give me this rather good wine."

                  You ask a solicitor for advice. He gives it to you. He sends a bill. You tell him you were not instructing him, just asking his advice.

                  What is the difference?

                  Comment


                    #10
                    Originally posted by Lawcruncher View Post
                    You go into a shop and say: "May I have a bottle of Château Yquem, please?" The assistant gives it to you. You say: "Thank you" and start to walk away without paying. The assistant runs after you demanding payment. You reply: "I wasn't making an offer to purchase - I just wanted you to give me this rather good wine."

                    You ask a solicitor for advice. He gives it to you. He sends a bill. You tell him you were not instructing him, just asking his advice.

                    What is the difference?
                    Uuuuummmmmmm... the bottle of woobla is a tangible good?

                    *What if I walked into the bottle shop and asked what is the best wine?

                    *Attendant says Château Yquem.

                    *I say thanks and walk out.

                    Should I be charged?
                    Now signature free.

                    Comment


                      #11
                      Originally posted by Lawcruncher View Post
                      You go into a shop and say: "May I have a bottle of Château Yquem, please?" The assistant gives it to you. You say: "Thank you" and start to walk away without paying. The assistant runs after you demanding payment. You reply: "I wasn't making an offer to purchase - I just wanted you to give me this rather good wine."

                      You ask a solicitor for advice. He gives it to you. He sends a bill. You tell him you were not instructing him, just asking his advice.

                      What is the difference?
                      The Distance Selling Regulations AND Solicitors Regulation Authority, for a start.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Originally posted by mind the gap View Post
                        Last time I moved house, my solicitor tried to charge me £98 for dispatching a letter which I both wrote and delivered myself.

                        (Just thought I'd air that grievance a bit!)
                        Did it go out on their letterhead?
                        Health Warning


                        I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                        All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                        Comment


                          #13
                          I am having difficulty seeing how the Regulations apply to the situation where a client rings his solicitor for advice and gets it immediately.

                          The SRA will not deprive the solicitor of the right to claim at least some costs.

                          Comment


                            #14
                            Answered your own question: "..where a client rings his solicitor..."
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                              #15
                              Originally posted by Lawcruncher View Post
                              I am having difficulty seeing how the Regulations apply to the situation where a client rings his solicitor for advice and gets it immediately.

                              The SRA will not deprive the solicitor of the right to claim at least some costs.
                              But the solicitor didn't actually provided a service, it sounds more like a quote to me.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X