Lets Talk Law
When most people walk nervously into a solicitor/lawyers office they will not notice this clause within the contract they may be about to sign: “It is not possible, at this stage, to give you a note of our actual charges nor a detailed estimate either because of the following reasons: It is the complexity and urgency of the matter, the difficulty or the novelty of the question raised, the skill, labour, specialised knowledge and responsibility involved, the number and importance of the documents prepared or examined. There is also the amount and value of the transaction involved, the importance of the matter to you, the places and circumstances in which the proceedings are pursued. In addition, there may be barristers fees of both senior and junior counsel, and other outlays like court documents, requesting and reviewing doctor's reports, paramedics, government agencies reports and other associate documents.”
Can anyone possibly imagine another profession, such as a builder, presenting a contract of that nature before starting a job? Not only would he find it hard to get work, but if he did, the consumer protection agency would be run off its feet trying to keep up with the complaints made against him. It is also the reason in 2011 why the parents of a young man, wrongly identified for having evaded a taxi fare in Dublin, were presented with a bill by their lawyer for €1,900,000, that included €500,000 (this is not a mis-print) for outlay and other expenses alone in that case. The lawyers name was Paul Lambert. When Lambert hired more lawyers in the High Court to try and make Eamon and Fidelma McKeogh pay up, Ronan Lupton, BL (barrister at law), defending him in his appeal for those costs, stated the following: “It was clear in letters to Mr McKeogh and his parents, when Mr Lambert was instructed in January 2012, an hourly rate would be charged by him. It was also made clear that additional staff and consultants might be needed, that there were more complex factual and evidential issues involved and expert reports may be necessary.” This is the rehearsed and staple answer that is usually given when it comes to the very clouded issue of costs hidden in plain view of any lawyer to contract client.
This not in the small print either of that contract: “You remain responsible for the payment of our charges even where you reach a settlement with the plaintiff or third party (defendant) or where they are ordered to pay costs. The amount which the plaintiff or third party agree or may be directed to pay or fail to pay may not generally cover our entire charges. In that case you will be liable to make up any shortfall. Losing or compromising the case, or the court failing to award you your costs, or a portion of them, or the court awarding the costs against you, or being unable to recover your costs due to the financial status of the other party, you will be liable to pay the other parties costs as well as your own.” In the end of any legal conflict, whether defendant of plaintiff, each party has the potential of being rendered bankrupt whether they win or lose a case in court. Citizen must always beware of signing any contract between them and a lawyer because justice may lay in the mind but rarely translated to reality.
Barry Clifford
