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Solicitor Costs - Solicitors Who Dismiss Clients Without Good Reason are not Entitled to be Paid
Solicitor Costs - Solicitors Who Dismiss Clients Without Good Reason are not Entitled to be Paid
It is an open secret in the legal profession that lawyers know little about the law regulating solicitor costs and their charges. However, as clients know less, it is rarely a problem for them. Solicitors who dismiss clients without good reason are not entitled to be paid.
Leighton Buzzard,
Bedfordshire,
United Kingdom
(prbd.net)
16/02/2011
Routh Clarke Solicitors, 07/02/2011] On Monday, 7 February 2011, in the case of Minkin v CKFT (Cawdery Kaye Fireman & Taylor) the High Court gave judgment in a case on solicitor costs that will hopefully highlight the issue and clear up any question over whether solicitors can be paid if they wrongly dismiss a client.
Mr Minkin instructed CKFT in relation to a family dispute. He received an estimate of costs for the whole case, so when he was given a bill during the case for more than the estimate he challenged the costs. CKFT’s response was to refuse to undertake further work until they were paid. No deadline to make any payment was given, they just stopped conducting the case. Mr Minkin transferred to Routh Clarke Solicitors, and argued he should not have to pay CKFT’s fees as a result.
On a preliminary hearing at the Senior Court Costs Office, Mr Richard Clarke, of Routh Clarke Solicitors, successfully argued that CKFT wrongfully dismissed the client and were not entitled to recover any charges for their time. CKFT sought to challenge this at a full hearing and lost again. They then appealed to the High Court.
At the appeal CKFT sought to argue they had not sacked the client by refusing to do further work and were entitled to be paid. Mr Justice Cranston (sitting with 2 assessors) upheld the decision. Mr Minkin had reasonable justification for withholding payment, the solicitors were not entitled to stop work as a result and this was a serious breach of contract.
The original decision was upheld and CKFT were Ordered to pay the costs.
About Routh Clarke Solicitors:
Nicholas Routh and Richard Clarke, the partners of Routh Clarke Solicitors, bring years of experience as Managing and Human Resources partners in a large practice specialising in road traffic accidents, family law, solicitors costs, wills and trusts, building disputes and road traffic law. Richard is also a Deputy District Judge and has appeared as a legal expert on the BBC News channel. Based in the Leighton Buzzard and Milton Keynes area, they provide legal services both regionally and across the country.
For more information please visit http://www.rcsolicitors.co.uk/solicitors-costs/the-basics/ending-representation.htm
About
Nicholas Routh and Richard Clarke, the partners of Routh Clarke Solicitors, bring years of experience as Managing and Human Resources partners in a large practice specialising in road traffic accidents, family law, solicitors costs, wills and trusts, building disputes and road traffic law. Richard is also a Deputy District Judge and has appeared as a legal expert on the BBC News channel. Based in the Leighton Buzzard and Milton Keynes area, they provide legal services both regionally and across
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