hi not sure if i am in the right section here or not, but can a solicitor sue a client if they dont pay an outstanding bill...my work colleuge , whos hubby is a magistrate said they cant..is this true?
2007-09-28 06:54:48 · 20 answers · asked by Tracey H 3 in Politics & Government ➔ Law & Ethics
Anyone can sue anyone for money owed.
2007-09-28 06:56:49 · answer #1 · answered by TJTB 7 · 1⤊ 0⤋
If the solicitor has rendered an account (ie sent out a bill) for services provided, the client is obliged to pay. However, if a client is not happy with the service they have received or if the solicitor did not explain his charging rate, the client should write to the solicitor firstly asking for an explanation for the bill. Every solicitor should have a 'complaints' procedure and this should have been outlined to the client with the billing rates from the start.
If you have a complaint against a solicitor, look at the Law Society web site which contains useful information. Solicitors are now regulated by the Solicitors Regulation Authority.
If a bill is not paid, a solicitor may issued proceedings in the county court for the recovery of the monies outstanding. This is not something a solicitor would enjoy doing - its much better for the client to contact the solicitor and perhaps come to an arrangement to pay by instalments? If the client waits for the court proceedings - the amount outstanding will increase to include interest and court costs.
2007-09-30 09:58:03 · answer #2 · answered by Shelby P 2 · 0⤊ 0⤋
The answer to the question is yes. At one time barristers could not sue for their fees but they can now. However a solicitor must show the client has been informed of their rights. If the case is a contentious one that is involved Court work this is the right to ask the Court to assess the Bill under the Solicitors Act 1974. If it is not and is non contentious they have the right to ask the Law Society for a remuneration certifiate where the law society assess the solicitors costs. These rights ae normally set out in full when the bill is sent -quite often on the rear of it. If the client does not exercise their rights thn the solicitor can sue for breach of contract. In parctice you can raise the issue that the bill is not fair and reasonable and the court will then assess the bill.
I am a legal practitioner in England so hope this helps.
Ron
2007-09-29 15:57:13 · answer #3 · answered by Ronald H 1 · 0⤊ 0⤋
Don't know where this guy is a magistrate but he clearly lives in cloud cuckoo land he's a total idiot no wonder our legal system is so far up the shoot......A solicitor who is owed money has the same right as anyone else to get his costs / bills etc paid..........If you did what ever amount of work for somebody on a professional basis would you write the bill off and say okay don't pay me, I don't mind!!! yeahhhh righttttt
2007-10-01 10:23:14 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes they can!
If I sold you an item and you never paid it, You are damn straight I would sue you! If I sold to you an item, but never paid my supplier, they would sue me.
Depending on the $ it can be in small claims civil suit to larger estate size claims. It could even be argued that it could be a felony, depending on the $ size.
That magistrate is an idiot and is the reason why our laws are not enforced! I guess that numb nut judge is a liberal too!
What a bunch of morons we have, in control!
2007-09-28 07:00:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
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2016-04-13 14:48:40 · answer #6 · answered by ? 3 · 0⤊ 0⤋
By using the term "solicitor" instead of attorney or lawyer, I presume you are in the UK or some other country outside the U.S. Here in the U.S., attorneys can and do so clients for nonpayment. I don't know why things would be different in your country, but you should consult local legal counsel instead of what you hear in this forum. Most of the people here cannot legally practice law.
2007-09-28 07:00:45 · answer #7 · answered by Carl 7 · 1⤊ 0⤋
You cannot sue for money owed. You can go to court to commence recovery of the debt and apply further charges to the outstanding amount
To sue someone is to claim damages in money value
2007-09-28 07:35:49 · answer #8 · answered by stormydays 5 · 0⤊ 0⤋
Only stupid solicitors will put themselves into a position where they would have to sue a customer. They usually ask for a deposit before representing the customer.
2007-09-28 07:08:06 · answer #9 · answered by CAPTAIN BEAR 6 · 0⤊ 0⤋
The magistrate must be confused. Recovery of fees is definitely not covered by client-attorney protections.
Technically, it's not "suing", so from that point the magistrate is correct.
2007-09-28 08:41:24 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Solicitor? Brit?
Don't know about there, but you can sure bet that lawyers can sue clients for non-payment in the U.S. I can't imagine any licensed professional is expected to work for free on a capricious basis in the U.K. or Commonwealth, either.
2007-09-28 06:58:31 · answer #11 · answered by Marc X 6 · 0⤊ 2⤋