Published: July 24, 2010
The solicitor’s portion should rise to pounds 700 or pounds 800, he says. I suppose the analogy would be if all dentists were private and there were too many dentists so you had them working all hours.”And after all, he maintains, all he is asking for is a reasonable standard of living. The inevitable reality is that if you are trying to cope with the same volume of work, you can’t afford the service you want to give. I deny this is the case when you’re talking about professional services.”The argument goes on that the public needs comfortably-off solicitors and doctors and vets and accountants so they stay in business and do not have to cut corners.”All solicitors know their fees have fallen and fallen and fallen. The general consumerist argument has been that cheapness is invariably to the benefit of the consumer. He is now busy tinkering with the Law Society machinery to make sure he has his “union” under control.So how is the highly intelligent, but slightly unworldly Mr Mears different from an old-fashioned union boss? Crucially, of course, he lacks industrial muscle – it is inconceivable solicitors taking even as much industrial action as dentists, if only because the profession would never keep ranks.So the country cannot be held to ransom; if it is to pay more money to its solicitors it has to be by persuasion – to demonstrate a public interest.Mr Mears is passionate at arguing this case, which he thinks his predecessors failed to make: “I think their attitude in the past was that they’ve been scared rigid about the consumer lobbies.
Whether through their own fault or not, previous cosily selected Law Society presidents from inside the self-perpetuating ruling elite have failed in all these areas. Mr Gormley argued that miners’ wages had been eroded and should be restored and he won with a combination of public sympathy and industrial muscle.Mr Mears has been elected by the beleaguered small-firm sector of the solicitors’ profession to reverse the decline of the past 15 years and to resist further government encroachments on their position.He has promised to deliver higher conveyancing fees; pledged to use the de facto closed shop to restrict numbers entering the profession; and said he will resist the Government’s plan to stop most solicitors doing legal aid work, restricting it to a privileged few firms. We all felt the miners had too much power.”
However, Mr Mears is displaying many of the characteristics of a Joe Gormley, who led the miners in two successful pay strikes in the early 1970s, a decade before Arthur Scargill’s struggle in 1984. When he was a young man in the 1970s the unions were the class enemy. “I remember sitting round the table with bankers and accountants and other professionals during the miners’ strike, when there were power cuts and the three-day week. Martin Mears, the solicitors’ new leader, is anxious not be seen as an old-style trade union boss. He pointed out that CABs by their nature encountered only disatisfied customers.The CAB survey about lack of information given to clients is supported by the findings of the Law Society’s own research earlier this year, which found almost a quarter of conveyancing and will-writing clients and more than one-third of other clients had received no information on costs.t Barriers to Justice; Social Policy Section, NACAB; 115-123 Pentonville Road, London N1 9LZ; pounds 8..
It was constantly attempting to improve client care and would soon launch a campaign to try to encourage law firms to comply with practice guidelines. She was awarded pounds 360, and her legal bill was pounds 1,100.A spokesman for the Law Society said that the reports were noted with concern. In one, a woman in Oxfordshire was claiming pounds 660 through the small claims court. A man in Cumbria changing the name on the deeds of his house from single to joint names was quoted pounds 80 by his solicitor and charged pounds 228, reduced to pounds 176 when he asked for an itemised bill.In other cases, solicitors failed to warn that their costs were likely to exceed any benefits from the legal action. She got an extra pounds 50 a month and the solicitor suggested she paid his pounds 2,400 bill at pounds 50 a month for the next five years.Cases where solicitors have failed to warn that charges are higher than forecast include a woman in West Glamorgan who was told her divorce would cost pounds 400 With no warning, the final bill was pounds 900.
They were given no estimate and were charged pounds 4,000.In another, a woman in Essex used a solicitor to go back to court to get a better divorce settlement and was told it was impossible to estimate costs. If no fee has been agreed, the solicitor is supposed to say how the fees will be calculated.But among the cases reported by the CABs is one in Berkshire where an elderly couple seeking access to their grandchild went in asking for legal aid, so it was clear they were short of money. When writing to confirm the instructions, the solicitor should record the fee agreed, tell the client of any other reasonably foreseeable charges and confirm any verbal estimate. At the moment they are advisory.The society’s standards state that on taking instructions, a solicitor should give the client the best possible information about the likely costs.
This is despite the existence of written professional standards setting out the details that solicitors should give to clients about their fees.”It is often hard for clients to raise the issue of likely costs if the solicitor does not mention it, the report says.”The Law Society’s written professional standards cover information that should be given to clients on costs and estimates, and keeping clients informed about charges, but CAB evidence shows that these standards are too often ignored.”The National Association of Citizens Advice Bureaux says these standards should be enforced by the Law Society. If Parliament had intended that, it would have said so,” he said.. STEPHEN WARD
Legal Affairs Correspondent
Solicitors frequently fail to tell clients what their fees will be, or charge hundreds of pounds more than they have quoted, Citizens’ Advice Bureaux say today.More than 350 bureaux across the country gave evidence to a detailed criticism of the legal system, Barriers to Justice. The report says it is even more crucial now that all but the very poor have to pay their own bills, because legal aid entitlement is so limited.”One of the major areas of complaint by CAB clients concerns a lack of information about costs. The others are Noel Gibson, Sean Kinsella and Stephen Nordone.Sixteen life sentences were passed on them at Manchester Crown Court in 1976 after they were found guilty on charges including conspiracy to murder, cause explosions and attempted murder. The trial judge described them as “dedicated and utterly callous terrorists”.Yesterday, Mr Fitzgerald told Mr Justice Dyson there was now overwhelming evidence that they were no longer dangerous.