Fees deducted from award help please

#1 2010-12-01 20:54:42
den9112

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2010-12-01

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Fees deducted from award help please

Hi, my no win no fee solicitor as informed  me of a settlement,i have had a second letter telling me that i will not get my full amount as they will be taking fees out of my payment then sending me the balance once they have recieved thier costs from the insurer which can take months ,i have waited three years for this . I was awarded Â?5000 and i have no idea how much the fees will be i can end up with a very small check. could any one please help as i thought i would get the full 100% .Thanks

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#2 2010-12-02 09:59:02
TC

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2010-08-17

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Under a no win no fee arrangement (or a Conditional Fee Agreement to give it its proper title) your solicitor should claim all their fees and disbursments from the other side and not deduct it from your award.

We guarantee that our clients keep 100% of their award as do most other law firms, but there are some out there who will work by different rules.

You can question and you need to question exactly what fees they are deducting from your compensation, and then if needs be maybe consider making a formal complaint of professional negligence depending on the result of your question.

Under a no win no fee agreement, normally the only time you might be asked to pay anything is if you mislead your solicitor in an attempt to obtain a higher award.  In other words you allege your injuries are actually worse they they are and so additional work is done which need not have been done, or, if you decide to stop instructing your solicitor before any reallistic prospect of them recovering their costs have been achieved.  In other words if you suddenly decide you do not want to continue with a claim, your solicitor can charge you a reasonable fee for the work done so far.

If however, you instruct a new law firm, the new firm will usually sign an undertaking to pay the old firms reasonable fees when the case settles, so it does not cost you anything.

You are entitled to see a break down of their fees, so you really need to go back to them and get them to explain why you are being asked to pay from your award, and if you feel the answer is unsatisfactory, then speak to the Solicitors Regulation Authoirity.

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#3 2010-12-02 12:18:45
den9112

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2010-12-01

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Thank you for the reply,i have phoned my solicitor today and they have told me they will be taking their expenses ie, medical ,insurance fee and medical reports. This comes out of my compensation award and then reimbursed when they get thier fee from the insurers.So in theory i will be getting it back eventually but in the form of two cheques ,if this normal ...ps i have just contacted the SRA

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#4 2010-12-06 11:16:06
TC

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2010-08-17

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Sometimes, law firms will reimburse themsleves the cost of their disbursments from your award, and then send you the balance when their fees are paid, but they should have notified you of this when you first signed the conditional fee agreement, or as soon as the decision was made as your case progressed.

Disbursments are the medical report costs, Police accident reports (if appropriate) cost of medical records, maybe expert costs which can be and often is expensive, and usually law firms will fund these disbursments themselves, but in the past couple of years due to the credit crunch, forms have asked clients if they can take out the cost of these disbursments until such time as their fees are paid as it helps with cash flow.

But they can still only do it with your approval.

You will still gget your full award, but it means you will have to wait a while for the balance, which in the larger cases can take up to a year for the bill to be agreed and settled.

Hope this helps.

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#5 2010-12-07 19:10:55
den9112

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2010-12-01

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Thanks,your information as helped .

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#6 2012-04-02 13:06:33
Janderson

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Essentially, an attorney's value is based on 1) his eenprixece; 2) his ability to find answers in the law; and 3) his time.An attorney will charge you the reasonable value of his time.So   what is reasonable?   Reasonable is whatever you and he agree upon.  I know that the attorneys (depending on the areas of law) charge anywhere from $125   $400 per hour (general areas) depending on the nature and complexity of a matter.  And this includes, not only time you spend with him/her, but time on the phone, and time researching your question.While an attorney may require a retainer (deposit) to be applied against his fee, he will almost never charge a monthly fee.  Or, he and you could agree to a "flat fee" for particular services.In your case, you seem to be seeking basic legal advice on a myriad of matters.  In your case, and based on the nature of the issues listed, you may be the RARE case where a prepaid legal plan might be a useful alternative.  (Indeed, you are the first person I have ever seen articulate a use for such plans that would be useful and cost-effective).

#7 2012-04-02 16:42:46
Ismael

Guest

All the above answers are hpuefll, but to give you some direct answers:1. Any decent PI solictor has more work than they can cope with; he wants to get your case sorted out but at the best possible financial outcome.2. Who's dragging it out?  That's a very pejorative phrase.  If you want to settle the case now, make a low offer and the defendnat will bite your hand off.  Or you can wait and get the right amount. It's your call.3. Do you want to go to trial with the medical position as to future prognoisis being clear, or unclear? If you'd ratehr wait for it to be clear, wait for the updated report.4. The case will end when one of two things happen: there is a trial or the defendant makes an offer you are prepared to accept.  Your solictor can't make them put forward any offer.5. You have the power to make an offer at any stage and in any (sensible) amount.6. The final figure will be a one-off payment, if you need future treatment and it is caused by the accident, then that should be contained within the schedule of loss. There will be no payments after the final award or final settlement payment. That's why it's important to get it right   or  drag it out' as you put it.Ulimately if you are not content with your solictors conduct of the file, change solictors.  But  God' had nothing to do with you not accepting the a36,000 in settlement of the case   that was as a result of good legal advice.

#8 2012-04-03 06:26:14
Lhane

Guest

he only got $50 (from the pre-paid firm) for helping me.  Thus, he didn't want to be very hluefpl.These pre-paid legal things can also give you discounts on hourly fees (for prolonged advice) and they usually offer to type up a will for you for free.Just do a search on pre-paid legal.  You'll likely have a rep in your area that you can talk to.  He can explain the program to you in about 5   15 minutes.  He'll earn a commission from selling you this service.  So, be careful re: pressure from him.

#9 2012-04-03 08:02:00
Siphokazi

Guest

The people in Leeds have got it ssused, but there are a lot of other places where it really isnâ??t so easy.I live out in the country and have to travel fifteen miles to see my nearest solicitor. ? ?

#10 2012-04-03 08:48:02
Juji

Guest

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#11 2012-04-05 02:33:34
Nehor

Guest

There are prepaid legal scrviees that provide members with benefits.  You might want to look into one of those programs.There is a monthly fee of $15 or $19 dollars and you get so many hours each year with an attorney and discounts.

#12 2012-04-05 02:48:22
Lukman

Guest

Same here I would like to speak to a person teahrr than a machine. Yes it is always great to hear from someone out of the blue.It was interesting reading your piece. Memories are special and I bet you were surprised someone remembered that season from all those years ago. Seems someone held fond memories of it and not just yourself. I am sure others though not realising it would hold similiar fond thoughts about similiar things from the past particularly their early school years. I guess these things are from another era where one did not have to worry adult issues like we do today as children are still growing up and do not have to worry about such things. So therefore carefree years bring back many fond memories. So glad that this person was able to invoke such memories. Maybe others will think of similiar events in their history that bring back such fond memories.

#13 2012-04-05 03:57:46
Christina

Guest

I meant to post awhile back but clean goofrt this topic for a bit..This was a really enjoyable read and reminded me of my brothers Little League years, although truthfully, I don't ever remember that they ever won a game, but they sure had a lot of fun trying. It was truly a great experience for you tho', win, lose or draw and although it probably would have been nice to win, it still gave you great memory of fun and the games you had to win to even get to the championship. It was interesting to see you hail from Conn..I spent a lot of time there in the summers visiting relatives.Small world!

#14 2012-04-05 05:20:44
Duban

Guest

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Kouichi

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