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Old 15th November 2018, 20:39   #1
macafee2
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Default court case why should client pay

If you take legal advice and are told x and the other person take legal advice and is told y, it would seem that one of the solicitors is wrong.
If it goes to court, why should the client that loses, have to pay legal costs, that should be down to the losing solicitor to pay if the case is lost due to a legal reason, such as "such and such case sets the precedence for this issue."

I'm jot thinking no win no fee, it sounds as if I am but i'm not

If the loser has to pay what is the incentive for the solicitor to do a good job??

similar to taking a car to a garage for not starting, they change the battery, then the carb, then the alternator, then the etc etc
if the fix does not work why should cust pay?

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Old 16th November 2018, 06:48   #2
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Because you've asked them to do the work.

It's more of an incentive for people not bring pointless cases to court.
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Old 16th November 2018, 08:09   #3
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When it comes to legal advice, there are no absolutes, only advice based on available/presented information with general probabilities of success.

All a solicitor does is provide professional advice based on information that the client has put in front of him, which may be from one perspective, incomplete or even incorrect. In addition, a solicitor (or a barrister) may be able to provide a general assessment of the case going one way or the other, but cannot do this with certainty because they cannot control all the variables in court.

Also, key decisions are taken by the client, not the solicitor.

If the solicitor was expected to carry the risk of a case being lost, most would probably not wish to take on complex cases or cases that may go to court. You will see this dynamic in play if you try to use say household insurance to take a legal case forward. This is because the insurance companies establish fixed price contracts with legal services firms on the basis of typical volume and complexity of cases, which is high and low respectively.


Quote:
Originally Posted by macafee2 View Post
.............

If the loser has to pay what is the incentive for the solicitor to do a good job??
...........

Professional standards set by the SRA with which solicitors have to comply.

Last edited by MSS; 16th November 2018 at 08:22..
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Old 16th November 2018, 08:12   #4
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It would very much depend on what type of case is being fought? There are no costs awarded in the small claims court for example.
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Old 16th November 2018, 10:20   #5
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Quote:
Originally Posted by topman View Post
Because you've asked them to do the work.

It's more of an incentive for people not bring pointless cases to court.
I understand that but if the solicitor gives advice, it goes to court, and with the same evidence the other side quotes case x as an example where the court ruling went this way and the other solicitor is unaware of that ruling
and so loses, it seems harsh that the client bears the cost of what seems like a solicitor oversight.

Are cases won and lost on who can give a most convincing story let alone evidence and then could it be down in other instances to the judges interpretation of the law.

To some their case is a major issue, to others its minor.

Is the law always right, does law triumph over morally right and wrong?
Can the law make someone a victim or does it just seem they are the victim.



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Old 16th November 2018, 10:25   #6
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Quote:
Originally Posted by mss View Post
When it comes to legal advice, there are no absolutes, only advice based on available/presented information with general probabilities of success.

All a solicitor does is provide professional advice based on information that the client has put in front of him, which may be from one perspective, incomplete or even incorrect. In addition, a solicitor (or a barrister) may be able to provide a general assessment of the case going one way or the other, but cannot do this with certainty because they cannot control all the variables in court.

Also, key decisions are taken by the client, not the solicitor.

If the solicitor was expected to carry the risk of a case being lost, most would probably not wish to take on complex cases or cases that may go to court. You will see this dynamic in play if you try to use say household insurance to take a legal case forward. This is because the insurance companies establish fixed price contracts with legal services firms on the basis of typical volume and complexity of cases, which is high and low respectively.





Professional standards set by the SRA with which solicitors have to comply.
without doubt if client mis leads solicitor then I don't see this as solicitors fault but as the solicitor should know the law is it not their responsibility to make sure they ask all the questions.

if solicitor asks did you punch that man and the reply is no and then in court there is video evidence showing the person did indeed punch then no way can that be solicitors fault.

are key decisions not based on legal advice although legal advice can be ignored and the case proceed but then if case lost because of an oversight that's not clients fault

even my question seems a can of worms let alone the law being a can of worms

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Old 16th November 2018, 10:29   #7
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A jury is a body of 13 men and women who have to decide who has the best lawyer
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Old 16th November 2018, 11:24   #8
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Quote:
Originally Posted by macafee2 View Post
If you take legal advice and are told x and the other person take legal advice and is told y, it would seem that one of the solicitors is wrong.
If it goes to court, why should the client that loses, have to pay legal costs, that should be down to the losing solicitor to pay if the case is lost due to a legal reason, such as "such and such case sets the precedence for this issue."

I'm jot thinking no win no fee, it sounds as if I am but i'm not

If the loser has to pay what is the incentive for the solicitor to do a good job??

similar to taking a car to a garage for not starting, they change the battery, then the carb, then the alternator, then the etc etc
if the fix does not work why should cust pay?

macafee2



Because a solicitor or barrister will never give you a 100% guarantee of succcess. They'll give you a probability of success with a warning that you might lose and ask if you still want to proceed. Good luck getting a case to court if your legal team doesn't think it has a good chance of success (unless you've got plenty of upfront cash). Losing in court is bad for their career prospects - so taking a case with little chance of winning (in their view) doesn't happen without big motivation (cash £££).

At the end of the day the decision to go to court is not down to the legal team (unless you're penniless!). It's down to you - as long as you can afford the costs.
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Old 16th November 2018, 12:32   #9
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I think I am correct in suggesting that...


Some will accept a deal based on a lower looser fee and an higher fee if they win your case..
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Old 16th November 2018, 12:45   #10
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Solicitors give advice. Solicitors take instruction from the client. Its the clients call to progress, or not.
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