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Solicitors Terms of Engagement
Do solicitors have to provide terms of engagement when you instruct them these days?
It's been a while since I was in practice, and the first thing I did before even thinking about working on file was to send out terms stating my hourly rate, my supervisor etc.
My parents have recently been using a local firm to deal with a Trust issue - (short story - both parents were executors of great aunts Will. The Will provided life interest for dad's cousin, making both my parents trustees. Things have got a little awkward because of a badly worded Will and a cousin who can't be trusted with money, hence the life interest and not instant full inheritance. The Cousins solicitors have now ceased acting for her because of her constant lying.
Looking through the file of papers my dad has shown me, I believe the advice (or lack thereof) is close to negligence. He has been using the same firm of solicitors who drafted the Will. He has never received Terms of Conditions nor an estimate of costs. He has now received a Bill for £200+VAT, which, considering the number of letters sent and face to face meetings, is ridiculously cheap. Also, the bill does not show any file/invoice number, which again from my experience is wrong.
Personally, I think they have dealt with the matter so cheaply and 'off the books' because they realised how badly worded the Will was, and wanted to compensate.
My main question...(sorry for rambling)... Should he have received Terms before the solicitor did any work?
It's been a while since I was in practice, and the first thing I did before even thinking about working on file was to send out terms stating my hourly rate, my supervisor etc.
My parents have recently been using a local firm to deal with a Trust issue - (short story - both parents were executors of great aunts Will. The Will provided life interest for dad's cousin, making both my parents trustees. Things have got a little awkward because of a badly worded Will and a cousin who can't be trusted with money, hence the life interest and not instant full inheritance. The Cousins solicitors have now ceased acting for her because of her constant lying.
Looking through the file of papers my dad has shown me, I believe the advice (or lack thereof) is close to negligence. He has been using the same firm of solicitors who drafted the Will. He has never received Terms of Conditions nor an estimate of costs. He has now received a Bill for £200+VAT, which, considering the number of letters sent and face to face meetings, is ridiculously cheap. Also, the bill does not show any file/invoice number, which again from my experience is wrong.
Personally, I think they have dealt with the matter so cheaply and 'off the books' because they realised how badly worded the Will was, and wanted to compensate.
My main question...(sorry for rambling)... Should he have received Terms before the solicitor did any work?
Answers
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He should have received a Rule 2 Letter (formerly a Rule 15 letter) after the relevant practice rule you should be able to have a look at one the Law Society site.
I know it can be impossible to recover costs if a proper Rule 2 letter hasn't been provided.
Looks like it might be one to take further if they have done that shoddy a job. There have been a number of shiftarounds and the SRA now deal with negligence (disciplinary tribunal and sanctions) and there is the Legal Complaints Service who deal with complaints about solicitors and both have their own website.
The LCS can give guidance but don't tend to get involved in complaints until the firm itself has had an opportunity to respond via their own internal complaints procedure so that might be the first step.
Is it definitely a final bill or could it be an interim one?
I know it can be impossible to recover costs if a proper Rule 2 letter hasn't been provided.
Looks like it might be one to take further if they have done that shoddy a job. There have been a number of shiftarounds and the SRA now deal with negligence (disciplinary tribunal and sanctions) and there is the Legal Complaints Service who deal with complaints about solicitors and both have their own website.
The LCS can give guidance but don't tend to get involved in complaints until the firm itself has had an opportunity to respond via their own internal complaints procedure so that might be the first step.
Is it definitely a final bill or could it be an interim one?
Hi Jenna,
Yes it is definitely a final Bill of Costs. I have told him that he needs to complain, but will have to contact the firm as he doesn't have the details of the complaints partner (which again should have been on the TOC).
Thanks for your reply... I think I'll call the LCA just to see what they recommend. It was a trainee who drafted the Will, and it was only on the death that my folks realised they'd been named Trustees. There are so many ambiguous terms, that my parents are constantly worried that they will default. It's funny that as soon as they raised the issue with the trainee, the Partner stepped in!
Yes it is definitely a final Bill of Costs. I have told him that he needs to complain, but will have to contact the firm as he doesn't have the details of the complaints partner (which again should have been on the TOC).
Thanks for your reply... I think I'll call the LCA just to see what they recommend. It was a trainee who drafted the Will, and it was only on the death that my folks realised they'd been named Trustees. There are so many ambiguous terms, that my parents are constantly worried that they will default. It's funny that as soon as they raised the issue with the trainee, the Partner stepped in!
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