beware lawyer recommendations here

[Cfcjohn]

I posted recently regarding a dispute I have and a pending court case over architect fees for work that was done post cancellation.

I received a private message recommending a London based French lawyer.  I emailed the lawyer with the details and he requested all the documents which I hand delivered.

He then said he would get the details from the court and required £500 for disbuirsments which I paid.

He received the details and said I should pay and would I like him to negotiate a settlement. 

I agreed to this amd he wrote a letter to the other solicitor.

He then wrote to me saying he had no reply what did I instruct him to do?

I wrote asking whether the fact I had no contract with the architect affected anything particularly my wife who has also been summonsed, whether he had telephoned the solicitor and what he advised next.

He replied saying he had given his advice and by now had gone over the £500.

I asked for return of my documents as I would need to seek the assistance of someone who was more willing to help.

He has replied that he will keep my documents until a further £375 is paid.

Does this sound like good practice to all, or am I extremely niave and expect to be told if I am to be charged prior to work being done, and £875 for a letter that was not replied to and the advice that I should pay?

 

I

[Patf]

These charges sound a bit steep to say the least. Have you kept copies of the documents? The last solicitor we used in the UK used to send a detailed estimate of charges and expected written agreement from us before proceeding. Perhaps french lawyers don't have the same regulations. It might be worth contacting the Law Society in London to ask if they have any authorty over french lawyers practising in UK. Pat.

[BJSLIV]

It seems as though history is repeating itself. You now seem to be suffering  lack of clarity over the fees of the lawyer sorting out the lack of clarity in your original contract with the architect.

With London lawyer's charge out rates often being anything from £200 - 500 per hour,  you won't get very much specialist advice for less than £1000.

[Hegs]

I would contact a CAB in the UK, as the lawyer is practising there and is subject to UK law. Or do you have legal insurance cover in either country you can use?

Bear in mind the documents are your property and the lawyer has acknowledged them as such. The lawyer in the UK may or may not have a civil case against you for non-payment of an invoice but denying you use of your property (the documents) is theft and is a criminal offence. However you need to formally demand the return of the property with a paper trail (i.e. recorded delivery letters). Lawyers will push the law but not break it when pushed themselves.

[Lori]

Our French lawyer does exactly what Patf says.  Discusses her expected actions, sends us a detailed facture with the charge involved BEFORE she proceeds.  The case continues this way until completed.

I think your fee sounds high, but I don't live in the UK and have never had legal assistance there, so perhaps my opinion is inaccurate..

Any reason why you can't use a French lawyer?  Is your Architect French or English - here or in the UK?

 

[Lespearsons]

We were not happy over what an Architect charged us and consulted a French lawyer.

She pointed out that Architects were expensive but not as expensive as lawyers and it was cheaper to pay up or else go to court and represent yourself.

We paid up.

[Tony F Dordogne]

It depends where in London the lawyer is, what the speciality is and a number of other factors - you'll pay more for a lawyer in central London than you will for a lawyer in Acton or Romford.

There is a help line at the Law Society in London, google for them, they're also online - I'd speak to them first, get some informal advice and follow what they tell you, they are the regulatory body and they have a statutory duty to help you. 

[Ron Avery]

[quote]I would contact a CAB in the UK, as the lawyer is practising there and is subject to UK law. Or do you have legal insurance cover in either country you can use?Bear in mind the documents are your prop...[/quote]

Quite honestly you are on a hiding to nothing here lawyers rates are as described and £500 gets you a read of the papers and perhaps a letter, if you believe that there has been malpractice or that your documents are being held to ransom, contact the Law Society details are on

http://www.lawsociety.org.uk/home.law

The CAB can't do much to help you.

[Viv]

Was this the lawyer that I recommended to you?

If so, I'm really sorry things haven't worked out as you wanted but his details were given to you in good faith - I'm not on commission or anything

This bilingual London based lawyer does advertise in Living France magazine, which was one of the reasons I chose to use his services, also I hadn't got the time or energy to shop around. 

Lawyers are never cheap are they? But can't really fault the service we have had so far.

 

[Jhc]

Hi - as the lawyer is practising in UK then you also have the right to ask for a copy of the entire file he has opened for you (as it happens this is likely to be v small in the matter you describe as he has not done much work).  it would be interesting to get a copy of the file, however big or small, so that you can see exactly how much he has done.  You don't need to give any reason for asking for a copy (it's your right to have it), but if asked for a reason then you could say that you need to see it as you may wish to make a complaint about his work to the Law Soc and need to make a decision after seeing the file.

We made a complaint about the solicitor that acted for us in UK for our purchase of property in France - I asked for a copy of the entire file, which made fascinating reading and assisted in wording our complaint.

[Cfcjohn]

I would not mind if the lawyer had stated as Lori's had what he would charge prior to doing the work.  I am aware (since I paid the £500) that  under the Law Societies code of practice the lawyer should state what the charge should be before asking if you wish to proceed.

I don't consider sending a letter as 'negotiating', particularly when the architect and his solicitors have ignored all communications since threatening to take legal action.

I expected the letter to be followed up with a telephone call negotiating a settlement up to and including 100% of the claim which I would pay.

Many people here gave good advice that I was on a hiding to nothing regardless of the legality or morality of the case and should pay.

I'm no nearer to this resolution and have just added more problems on an already extremely stressful situation.

[Cfcjohn]

I would not mind if the lawyer had stated as Lori's had what he would charge prior to doing the work.  I am aware (since I paid the £500) that  under the Law Societies code of practice the lawyer should state what the charge should be before asking if you wish to proceed.

I don't consider sending a letter as 'negotiating', particularly when the architect and his solicitors have ignored all communications since threatening to take legal action.

I expected the letter to be followed up with a telephone call negotiating a settlement up to and including 100% of the claim which I would pay.

Many people here gave good advice that I was on a hiding to nothing regardless of the legality or morality of the case and should pay.

I'm no nearer to this resolution and have just added more problems on an already extremely stressful situation.

[Lori]

Cfcjohn - I feel bad for you.  Life can be stressful enough without all this added in.  I do not know your full situation, but you may now wish to consider cutting your losses and pay the Architect.  You may then wish to pursue writing all professional societies to inform them of said Architects unprofessional methods.  Perhaps this will give you some satisfaction after such an ordeal.

Good luck.

[Hegs]

cfcjohn,

I presume your architect is a member of the Ordre des Architectes, you should get in touch with them. This is from the standard contract form from www.architectes.org/

"C 10 - DISPUTE RESOLUTION

In the case of disputes concerning compliance with the articles and clauses of the present Agreement, the

parties agree to request the opinion of the regional council of the Ordre des Architectes where the Architect is

registered before any legal proceeding other than preventive action.

This referral intervenes on initiative of the more diligent party."

I don't know if this will help, but at least will give substance to a later complaint. You might want to read through the rest of the document and see if they have made any other "oversights".

[Cfcjohn]

I have contacted th Law Society and they are having difficulty establishing whether this gentleman is actually a solicitor at all.

Things are going from bad to worse.

I appreciate the post regarding the Ordre of Architects.  I will try asking someone whose French is better than mine to prepare an enquiry for me.

[Georgina]

IME all solicitors have to have a standard complaints procedure, details of which should have been provided at the outset and a letter of appointment should have been provided, with details of the process such is my experience of a solicitor's practice. 

Quite honestly however, I agree with BSLV whatsit, that £500 and a read through the papers, not much change from a London based lawyer. You should have a copy of any correspondence he sent though.

Georgina