Solicitor and client – you never can tell

The solicitor had taken on a claim for damage to his client’s car under circumstances where he was, perhaps justifiably, sure he was going to win against a defendant who carried insurance. Therefore, he decided that he would be content with whatever costs were recovered from the third party insurers. For that reason he did not bother giving any cost information to his client even orally, and let alone in writing, as has been mandatory for more than 10 years. Unfortunately, the solicitor had failed to meet his client’s expectations. The client thought matters were taking too long and decided to instruct another firm who wrote and asked for the papers. What to do? The solicitor raised a bill to protect his costs position, claimed a lien – and awaited a complaint from the client. The solicitor contacted Lawyer Line, the support service offered by the Office for the Supervision of Solicitors (telephone 0870 606 2588), who advised him that if his decision not to charge his client was based on the expectation that he would handle the claim from start to finish, the client should have been so informed. Although he could raise a bill and claim his lien, if the complaint came to the Law Society, his bill was likely to be slashed dramatically. He would be better advised to come to an arrangement with the new firm about payment of his costs when the matter was finally concluded.