Invoiced by solicitor after nearly 4 years!

F

fcdub

Registered User
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Hi all,

I had some dealings with a solicitor about three / four years ago and he was to send us an invoice. It never arrived. Now three years later I have just received an invoice for €1600, can he do this after all this time?

Regards

Post Celtic Tiger Broken Man
 
I heard about this going on, seemingly they are going back over their files for the last 10 years to see if they missed anything and can claw in a efw bob....
 
You really should have paid it years ago. Chasing up if you had to.
That being said 4 years is a bit of a joke. You should ring them and see about paying a reduced amount given the time frame or coming up with some kind of payment plan. At the end of the day you still owe the money but what kind of business are they running if they allow a bill to go unpaid for 4 years!
 
Brendan Burgess said:
Tell him that you will pay it in 4 years.

Brendan
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:D Obviously the correct answer for such inefficency.

If the issue of payment now is causing you difficulty you could try to negotiate payment, reduced amount for payment, phased basis payment etc. After all the circumstances of almost everyone has changed to a greater or lesser degree in the intervening years.
 
I'm not certain your solicitor can easily pursue you to get this money at this late stage.

I've had several conversations with my solicitor about going after people who owe me monies historically.
His view was that leaving it go even two years would look very in odd in the eyes of the courts and could affect the case.

Four years is very close to the five years referred to by a Judge in a case taken by the local authority against an advertising hoarding.
That judge took the view that the LA had had five years to bring a case and failed to do so and the hoarding was now beyond their influence.

This was precedent until the planning and Development Act 2000 ratified the 7 year limit for pursuing unauthorized development without permission.
Five years was also the limit in the Building Control Act 1990 within which legal actions could be taken against offender for breaches of the Regulations.

Solicitors fees may be measurable and enforceable, but a case for a reduced fee based on current hardship or inability to pay could be well-received by the courts.
It all depends on what judge you get and what the cost benefits are if you decide to let him pursue you legally - I'd put any offer of reduced payment to him in writing.


ONQ

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
Delay is normally only relevant where a defendant can say it might prejudice a case. This is therefore usually in criminal proceedings. The Statute of Limitations on a debt is 6 years.
 
Under other circumstances Vanilla I might agree with you, but we're not talking about a delay in pursuing a debt but rather in invoicing for fees.
Delay may be held to be relevant where the defendant can show that he had a reasonable expectation that the debt had either been forgiven or written off based on the four year delay in invoicing.

You could certainly build a defence around it, especially where hardship or an inability to pay might currently exist.
Whether a court would look favourably on this is anyone's guess, but while courts look after their own profession, they also expect high standards.

A reduced amount, or a deferred payment or an extended payment schedule might be agreed between the parties on foot of the threat of such a defence.
Its all up in the air at this point, but that would be my point of departure for any future negotiations.


ONQ

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
onq said:
You could certainly build a defence around it, especially where hardship or an inability to pay might currently exist.

ONQ

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
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That's good to know, counsel.
 
Vanilla said:
That's good to know, counsel.
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LOL!

I'm not a Counsel, as you well know Vanilla, and no one can pre-empt a court judgement result.
But if you're going to pick a fight with a solicitor on fees, you have to look ahead to where it will end up.

Solicitors like to throw shapes and threaten legal action because they can take a case relatively cheaply.
That doesn't mean you can't strike a pose with them in return.

The OP's job is to make it look less costly to offer a discount after such a significant delay in invoicing rather than fight a court battle the outcome of which may be in doubt.
Part of my job is to write report on buildings supporting affected owners claims - several of these have been settled in my clients' favour on the steps of the courts after the defendants consider the balance of probabilities.

ONQ.
 
onq said:
LOL!

I'm not a Counsel, as you well know Vanilla, and no one can pre-empt a court judgement result.
But if you're going to pick a fight with a solicitor on fees, you have to look ahead to where it will end up.

Solicitors like to throw shapes and threaten legal action because they can take a case relatively cheaply.
That doesn't mean you can't strike a pose with them in return.

The OP's job is to make it look less costly to offer a discount after such a significant delay in invoicing rather than fight a court battle the outcome of which may be in doubt.
Part of my job is to write report on buildings supporting affected owners claims - several of these have been settled in my clients' favour on the steps of the courts after the defendants consider the balance of probabilities.

ONQ.
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Onq- you're an architect, I think. But you post frequently in the legal section. It seems you have experience of the legal system but no, you're not a barrister or a solicitor.
 
Correct on all counts.

I *think* I'm an architect too (!) I'm just not allowed to use the title until I get formally registered, which in terms of compilation of information and the written submission is an unbelievably time consuming task - still, twenty one years of experience needing to be condensed, what can you expect? LOL!

I've specialised in law as it pertains to the practise of architecture. I've attended many briefing meetings with solicitors and barristers and I recommend them to anyone interested in the law. Just being a fly on the wall in those surroundings gives you a great education, as does attending at court. Some people hate court attendances because there is a lot of waiting in the halls, but I love them. Watching people under stress is always informative about human nature - including your own!

Recently I've read employment, H&S and HR law as part of a formal Business Development course. Hardest thing I've ever done, Employment Law, particularly the written assignment on Transfer of Undertakings and the way this part of the law is variously interpreted in Ireland, Britain and in Europe. I'm waiting for the formal results in a week or so. Fingers crossed.

ONQ.
 
OP ~

  • Solicitor did the work for you (which you don't dispute).
  • He gave you four years interest free credit.
  • You owe the money ... pay it!
 
I have to say, on a general level, anyone that issued me with an invoice after a 12 months or so would have it sent back with a big smiley face on it, never mind 4 years.

If they're not competent enough to invoice in a timely fashion, it's their loss.
 
So, did you think at the time you were getting the solicitor to work for you for...free???? WHy did you not ring to check the invoice status?
 
Yes, the solicitor was slow in issuing the invoice = this is often due to pressure of work in meeting current deadlines.

Did it never occur to the poster to enquire what he owed the solicitor for the work done, or did he think some other party had paid for the service

The liability would not be statute barred until six years has expired.

With respect to Ong periods of limitation set out in the Planning Act 2000 ( currently 7 years ) are irrelevant in contract law.
 
Statute of Limitations in this case would be another six years now, making it 10 years in total. And if the brief charges interest the bill will be a whole lot more,

Pay the bill -- the job was done.
 
nuac said:
Yes, the solicitor was slow in issuing the invoice = this is often due to pressure of work in meeting current deadlines.

Did it never occur to the poster to enquire what he owed the solicitor for the work done, or did he think some other party had paid for the service

The liability would not be statute barred until six years has expired.

With respect to Ong periods of limitation set out in the Planning Act 2000 ( currently 7 years ) are irrelevant in contract law.
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Its "onq" not "ong". :)

Laws and bodies of laws are discrete as you have stated - there is no argument here.

But while solicitors may seek payment up until the date of the six year term expires, others it seems cannot do so with any assurance.

FWIW

ONQ.

PS

The seven year limit relates to taking action unauthorized development which didn't have a permission.
The maximum stated period in the planning and development act 2000 is actually 12 years from the date of grant of permission.
The time to take action for something like continuance of unauthorized used of land (like mining) is unlimited - this may tie in with pollution regulations.
 
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