Solicitors fees are a common battleground with clients, with many believing the charges are unfair. If you receive an invoice which you think is unreasonable or overstated, you may be able to challenge it under the Solicitors Act 1974 by requesting a detailed assessment of the bill. But how do you go about challenging legal fees and what is the process? Read on to find out.
Solicitors fees are a common battleground with clients, with many believing the charges are unfair. If you receive an invoice which you think is unreasonable or overstated, you may be able to challenge it under the Solicitors Act 1974 by requesting a detailed assessment of the bill. But how do you go about challenging legal fees and what is the process? Read on to find out.
If you are considering divorce and are concerned that you may require legal advice to understand your options, contact specialist family law solicitor Joanne Major. Joanne is the founder of her specialist family law firm and has spent her 25-year legal career specialising in family and matrimonial cases.
Under what circumstances can I challenge a solicitors invoice?
There are many circumstances that can lead to a client challenging a solicitors invoice, including being overcharged, or being charged when they should not have been. Many clients also dispute charges arising from Conditional Fee Arrangements following an unsuccessful result. Other reasons for disputing a bill include:
- Charges for disbursements which the solicitor incurred without obtaining the client’s prior permission
- Fees disproportionate to the outcome of the case
- Charges for work that was not done
- Unjustifiably high rates
- Seeking costs on an hourly rate basis when the retainer may limit the solicitor to fixed costs only
Every legal firm should inform you at the outset of their approach to resolving billing disagreements. They should have a complaints handling system in place, and are also obliged to let you know about the Legal Ombudsman who can help resolve your complaint if you and your solicitor cannot reach an agreement.
How do I challenge a solicitor’s bill?
The first step in any type of complaint, including one related to legal fees, is to approach the firm with your concerns. Doing this may save you costs and time if you receive a favourable outcome. If you are unsatisfied with the firm’s findings, you can escalate your complaint to the Legal Ombudsman, who is a completely impartial organisation. They will look at all the facts to enable them to reach an outcome that is fair for all parties involved. If they decide that the service you received was unsatisfactory, they can make sure your solicitor, or the law firm, corrects it.
There is no charge for making a claim to the Legal Ombudsman, but if you still do not receive a satisfactory outcome, you may wish to instruct a costs lawyer or a costs draftsman to challenge the fees formally under the Solicitors Act.
Is there a time limit for making complaints about a solicitor’s bill?
It is important if you have already paid the legal fees in dispute, that any request for assessment is made within one month of the date of the invoice. If you have not paid the bill, you generally have 12 months to have it assessed. After this time, assessment can only be ordered under special circumstances.
Can I dispute an invoice in the middle of my case?
If you are in the middle of a case and wish to dispute an invoice, then it is best to approach your solicitor in the first instance to try to sort things out. If the bill is found to be correct, and you are unable to pay it, then you may be able to come to an arrangement whereby you make monthly payments, for example, towards satisfying it. Should the dispute escalate, then you may have to find another solicitor to take on your case. However, if the bill remains unpaid, your original solicitor would be within their rights to retain your case file until it is paid, or an agreement for payment reached.
How do I request a detailed assessment of my bill?
If you cannot reach an agreement with your solicitor about the bill, then you may need to instruct a costs lawyer or law costs draftsman, although they will generally try to negotiate the bill with the solicitor before proceeding to a detailed assessment hearing. If negotiation fails, they will apply to the High Court to have the bill formally assessed. In cases that have finished, the application must be made to the Senior Courts Costs Office for assessment by a specialist costs judge. At the hearing, the judge will look at the costs set out in the bill and consider whether the fees incurred by the solicitor were reasonable.
Are there any risks of requesting a detailed assessment?
You should bear in mind that there is the risk of incurring additional costs. If the fees on the bill are not reduced by 20% or more, or if the court does not reduce the fees to less than the amount you initially offered to pay, it is likely that you will have to pay the solicitors costs for detailed assessment as well as your own costs.
Can I challenge the legal costs in the court myself?
Yes, you can challenge your solicitor’s bill yourself without having legal help if you think you have been overcharged. Again, if you’ve paid the bill, then your complaint must be made within one month of its date. If you haven’t paid it, then you have 12 months, as stated above.
You will need to complete a Part 8 claim form (N208) in triplicate and pay the fee. If you live outside London, you can apply to your local District Registry; this is a court that deals with certain High Court cases. You may also apply to your nearest county court if your case was dealt with there and your bill is for £5,000 or less.
After the hearing, if you still disagree with the court’s decision, you may be able to appeal. However, you must first get the Cost Judge’s permission at the hearing. If you are refused or did not ask for it at the hearing, you can ask the appeal court for permission.
Can I challenge costs owed to my ex?
Costs payable to an opponent will be either under a court order or by agreement. The only way these can be dealt with, if not agreed between you, is by detailed assessment by the court. If you have a solicitor acting for you, they will usually deal with this issue, but will charge you for this.
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