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Solicitors mistake

Posted by rak123 
Solicitors mistake
February 15, 2021 11:18AM
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Edited 2 time(s). Last edit at 02/17/2021 10:03AM by rak123.
Re: Solicitors mistake
February 15, 2021 11:58AM
Hi, that's awful. I suggest you ask the lawyer to absorb the costs you incurred and file a fresh application at their expense. If they won't play ball, your first recourse is to file a formal complaint using the law firm's internal procedure. If dissatisfied, you approach the regulatory body. If all else fails, you tak them to a small claims court. All very doable and pretty cheap but it takes time AND persistence.
Re: Solicitors mistake
February 16, 2021 10:48AM
I am not so sure this is so 'awful'. For a start there is no fee payable on applying for decree nisi (or a renewed application for decree nisi). Second, it is hardly the solicitor's fault if a court takes three months if the solicitor has submitted the renewed request for directions reasonably promptly.

Having said that, it seems that the solicitor did make a mistake. There are very few people this side of heaven who do not occasionally make mistakes and so far as can be seen this may have been a very easy mistake to make. Most solicitors these days charge a fixed cost for a divorce. If that is the case here then no extra costs (or fees) will have been incurred. In the less common situation where a solicitor was charging on a time basis for a divorce then hardly any solicitor will charge a client for time spent as a result of a mistake by that solicitor. The question can easily be settled in this case by the client simply asking the solicitor if he/she has to pay anything extra as a result. I think I can be 99% sure of what the answer will be.

As to changing solicitor for a mistake like this a person can, of course, change solicitor any time they wish. However, if in this case the client changed solicitor I think it is inevitable that he/she would incur further costs because any new solicitor would have to charge at least something for reading through all the papers. I doubt whether it is economic.

Of course, my answer would be different if this was about something of an altogether different scale but it isn't. Sometimes it helps to keep some perspective.
Re: Solicitors mistake
February 16, 2021 12:08PM
Thank you for the replies.

I understand it is easy to make mistakes. The solicitor is instructed on a hourly basis and I was invoiced for the work done.

I was also not advised of the refusal by the court from the solicitors even after repeatedly asking. Hence my query about what options I have. Thanks
Re: Solicitors mistake
February 16, 2021 06:09PM
>>The solicitor is instructed on a hourly basis and I was invoiced for the work done.

I was also not advised of the refusal by the court from the solicitors even after repeatedly asking.<<

If that is correct then basically you say that to your solicitor and say, 'What are you going to do about it? I don't see why I should pay for your mistake'.

If it is as clear cut as you say then they would be very foolish to try to charge you and I would expect them to make some effort to retain your good will.
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