Solicitor deducted fees from award

C

Creaky Bones

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My brother was involved in a serious road traffic accident and was awarded a substantial amount.

When the solicitor sent him his cheque, solicitor had deducted over 5k in fees. My brother had assumed that all costs and fees had been paid separate to his award. His solicitor told him that his fee was deducted from this award. Surely this should have been separate!

This case was settled ''on the steps of the court'' and was over 10 years ago!

I would have thought that the amount the solicitor told him he was awarded at the four courts was what he should have received!

Any views appreciated!
 
Normally as part of an "on the steps settlement" each side will pay its own costs. Nothing new there.
 
The insurance company (if there was one) would pay the legal costs, but not all. there may be costs incurred by claimant's solicitor that will not be paid by insurance company. For example, solicitor gets a medical report; doctor charges €300 but insurance company will only pay 200. That means that claimant must pay the 'missing' €100.

certain expert witnesses might have been asked for reports or opinions and not all might be recoverable from insurer.

Solicitor should give an account of the monies due, those recovered from insurer and those sought from claimant..

TIME is NOT correct. ALL settlements outside of PIAB mean that costs are paid by the insurance company, UNLESS the settlement is an 'all in' settlement and if that, it would have been FULLY explained to claimant by his solicitor
 
just a question for Ravima,how does he/she know what WAS or WAS NOT explained to the claimant?


Pat
 
TIME is NOT correct. ALL settlements outside of PIAB mean that costs are paid by the

Thanks Ravima, my brother was asked to supply all doctors reports and fees and any other costs, loss of income etc. but assumed that his solicitors fees would be awarded by the insurance company, separate to his award. My brother was told by his solicitor at the court what his award was! he wasn't told of an deductions!
 
Time said:
Normally as part of an "on the steps settlement" each side will pay its own costs. Nothing new there.
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Regardless of the settlement, the solicitor acting for the plaintiff should have clearly set out the offer 'on the steps'. In the same manner he could have or his client could have said no to the settlement.
 
I have been involved in a few cases that were settled just prior to court and each time the plaintiff had to pay his own legal costs. Those were the terms of the settlement. The solicitor advised that this was routine.
 
Creaky Bones said:
This case was settled ''on the steps of the court'' and was over 10 years ago!

I would have thought that the amount the solicitor told him he was awarded at the four courts was what he should have received!
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Here is the thing, the courts did not award anything, you settled out of court, so it comes down to whatever was agreed between the parties. I would have expected that your solicitor would have explained the details of the offer and that there were some documents to be sign....
 
A settlement may be "all in". In that case the plaintiff sorts out the costs with his solicitor.

The more usual settlement type is for damages and costs.

Costs are of two types.

PARTY & PARTY COSTS are those necessarily and directly incurred in taking an action. These are what is paid where a case settles for damages and costs.

SOLICITOR &CLIENT COSTS are those that are not recoverable as party & party costs.

There is no entitlement for a solicitor to bang in an extra bill if that constitutes double billing.

If counsel negotiated the settlement I would expect them to have put a note of the settlememt terms on the back of their brief.
 
Thanks you all for your input, it's really appreciated! My brother is adament that after accepting his award, he was not told there was a separate charge for solicitors fees. As already stated it's over ten years since the case so there's no chance of a resolution. Just thought though that I'd put it out there for someone who may have a similar situation!
 
I was involved in a group action that was settled but the solicitor took £500 for expenses from everyones award. This was unexpected. Considering that the solicitor got well paid for the case we all thought this a bit mean. It was never explained to any of us beforehand.
 
Solicitors are obliged to explain how the fees and costs will be calculated.

I would have thought that this was particularly important in group actions.

If the solicitor did not explain things, then you would have a good case for refusing to pay it.
 
Creaky Bones said:
As already stated it's over ten years since the case so there's no chance of a resolution. Just thought though that I'd put it out there for someone who may have a similar situation![/QUOTE]

What is the point of the post if you are not looking for advice to move the matter forward? By your own words you state that the matter is closed!
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Luternau said:
Creaky Bones said:
As already stated it's over ten years since the case so there's no chance of a resolution. Just thought though that I'd put it out there for someone who may have a similar situation![/QUOTE]

What is the point of the post if you are not looking for advice to move the matter forward? By your own words you state that the matter is closed!
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I think the post is easy enough to understand! And it's in the quote above! My post was to make people aware that this can happen and to see if other clients may have been in the same situation recently so that they can challenge it!
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Creaky Bones said:
Luternau said:
I think the post is easy enough to understand! And it's in the quote above! My post was to make people aware that this can happen and to see if other clients may have been in the same situation recently so that they can challenge it!
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What I put in bold was not from your first post. Your first post sought views advice on something that happened 10yrs ago and irreversible.

Re you putting it out there for the awareness of others;
All settlements are different, the terms of one, don't necessarily apply to all. Maybe it will help someone, but I stand over my view that it was strange asking for advice on something that you later go on to say is impossible to address.
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Creaky: nothing at all can be done for something that happened 10 years ago. Nothing.

However, when a case is settled, it is not GUARANTEED.

There have been very recent cases, where CLAIMANT'S bills TO insurers have been reduced. In one case I know, doctors stand by fees were reduced to €200. That means that the insurance company only has to pay €200, but the doctor will still be looking for his €500, so the claimant will have to pay the balance.

The insurance company will pay whatever it MUST pay, but there is a limit and if the limit is exceeded, then claimant must pay.
 
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