How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

At what stage in the client/lawyer relationship MUST (evidence

This answer was rated:

At what stage in the client/lawyer relationship MUST (evidence please) a lawyer give the client a cost/benefit analysis by UK law?




The solicitors
Rules do not require a cost/benefit analysis.

The solicitors
required to give a indication of likely overall costs if you win and an overall
likely cost if you lose. He is obliged to give an hourly charging rate for each
class of fee earner and member of staff and also to give an indication of the
extent of the work which will be undertaken.



However the
solicitor was not drag you into pointless litigation (even if you ask) and
complaints about this, should be firstly made to the firm's Complaints Partner
and if that fails to resolve the issue, it should be made to the Legal
Complaints Service at the Solicitors Regulation Authority.



I do know of
cases where solicitors have been castigated for not telling the clients in
strong enough terms that their case had a limited chance of success and that
litigation was pointless.







Does that answer the question?



 



Can I assist further?







I am happy to
follow up any individual point you make



I am online and
off-line each day and most weekends so please bear with me if I do not come
back to you within nanoseconds.





Please don't forget to positively rate
my answer service (even if it was not what you want to hear). If you don't rate
it positively, then the site keep your deposit and I get 0 for my time. It is
imperative that you give my answer a positive rating. It doesn't give me "a pat
on the head", "good boy" (like ebay), it is my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask. Thank you

Customer: replied 3 years ago.
Thanks for your response - I am very surprised indeed by your answer.It is helpful that you tell me what a lawyer should, however, do instead but I am confused. If the lawyer has to honestly calculate costs for pursuing a case (or losing the case) surely they have to have a fairly clear idea of what benefit there is in it for the client. For example, "you have to expect to pay x, and it will take y number of years but at the end you will get z". Z needs to be significantly higher than X to make it worth the stress and the investment for the client.I don't understand from your answer how the calculation for z is arrived at- can you elaborate.

They have to say this

"you have to expect to pay x,

and this

and it will take y number of years

but not this

but at the end you will get z.

BUT they must explain that there is a risk that if you lose you will usually have to pay the winners costs.

They can only give estimate of Z because that is in the hands of a judge. It is virtually impossible to be more concise without full case details

 

Stuart J and other UK Law Specialists are ready to help you

Related UK Law Questions