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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20610
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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At what stage in the client/lawyer relationship MUST (evidence

Resolved Question:

At what stage in the client/lawyer relationship MUST (evidence please) a lawyer give the client a cost/benefit analysis by UK law?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.




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.





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Customer: replied 1 year 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.
Expert:  Stuart J replied 1 year ago.

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, Solicitor
Category: UK Law
Satisfied Customers: 20610
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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PGD Law. 20 years legal profession, 6 as partner in High Street practice