Hiya people. About four years ago I was (wrongly) convicted for having no insurance. The first I knew about this was when I spotted my name and address in the local rag informing the populace of my transgression. I wasn't too sure about what to do so I (more fool me) went to see a solicitor for some advice. Spoke to the solicitor and she asked for my insurance cert and said she would be in touch. Okay so far. The solicitor rang me a while after to say my appeal had been lodged and that I should call in to see her the day before the court case. When I called in she said that she would not be in court herself but would instruct someone to act for me, fine.
Imagine my surprise when I arrived at the court and noticed that she was indeed present. She acknowledged me but did not speak to me. I waited for my case to be called and for my solicitor to make his appearance. Neither happened and at this stage the original solicitor wasn't to be seen. I made a phone call to the No. I had been given to be answered by a very irate sounding individual who wanted to know where I was and what I thought I was playing at by being late and not presenting myself for my appeal. His manner was very abrupt and condescending and when I tried to clarify some points he basically hung up on me. Right.
So, it turns out that my solicitor neglected to tell me that the appeal would be held in a different courthouse than the original case. Then I recieved a bill for 500euro. (the appeal was upheld). I wrote to the solicitors to say I wasn't happy with the service and now they are taking me to court for the money. Any advice please?
shouldnt think so. just send them a notice. should their demands be unfounded etc. your fee is as follows.....
have it notarised for legal standing
Look finn, the important thing in all of this is to remain in honour and to show that you are trying to reach an agreement outside of the court system. Judges hate paltry shit like this clogging up the court system so all the better for you in his eyes if you can been seen to make an effort to resolve it. Although you did receive a shitty service from the solicitors, the appeal was upheld. this is the bottom line and the main fact that a judge will look at. if you fail to make him an offer, i think this will work against you.
At the risk of pointing out the obvious has it not actually occurred to anyone that one can make an official complaint to:
Law Society of Ireland, Blackhall Place, Dublin 7, Ireland.
Tel +353 1 672 4800 Fax +353 1 672 4801 Email email@example.com
Complaints the Society may Investigate
The Society may investigate complaints against solicitors made by or on behalf of clients alleging:-
A. Inadequate Professional Services
This is defined in Section 8 of the 1994 Solicitors (Amendment) Act as services which are inadequate in any material respect and are not of a quality that could reasonably be expected of a solicitor or a firm of solicitors.
B. Excessive Fees
The Society can deal with a complaint from a client of a solicitor (or from any person on behalf of such client, or beneficiary of an estate).
The Society is not permitted to consider any complaint about a bill that is more than five years old.
A client also has the option, within a year of delivery of the bill, of requesting his solicitor to refer the bill to the Taxing Master.
The statutory definition of Misconduct in the Solicitors Acts includes but is not restricted to:
Conduct tending to bring the solicitors’ profession into disrepute.
The contravention of a provision of the Solicitors Acts 1954-2002, or any order or regulation made thereunder.
Hi Anne Marie, thanks for your suggestion. I didn't go down that road as I believe the Society is only interested in looking after it's members. As stated in previous posts my appeal was upheld so I will make the company an offer, but it won't be much. In short they pissed me off and I know by the demeanor of the solicitor in court that I've pissed them off. So now i'll try to come to an agreement with them before the next court date, as advised by the judge. If they don't agree, it won't look good for them.
Well, Got a letter this morn, the people who are taking me to court, my legal (non)advisors, are looking for their 3rd adjournment. this comes after two previous adjournments and a judgement by stealth which I managed to have set aside. On my penultimate excursion to the halls of justice the judge informed these "people" that any more delay would result in a strike out. However, the thick plottens, there is a new judge in town. I wonder would a little consistency be too much to expect from our learned friend. I wouldn,t mind so much except my opponents in this particular foray are members of the Legal Aid panel in this particular parish. This means they are playing a "home game" in a big way. I can only hope the Beak will have noticed their incompetence in his brief aquaintance with this crew. So I wait (with unbaited breath) for justice. Peace and freedom!
Just a thought. When I was in court today the judge said that he had given peremptory warnings to both parties. As far as I know emptor means buyer. Is this a warning to consider your situation before buying into this commerce?