Please help- Solicitor may be screwing me over.

[res]

I am sure that this is not allowed - certainly not in England anyway. Ask him to put it in writing (so you can think about it later) then approach the Scot Law Society with it.

I doubt I will get anything in writing from him in that regard. I admit that he is intelligent and sharp. The dilemma I have is that he is suggesting that he can't or won't interview the witnesses because legal aid makes minimal concessions for such legal work. Today we had a hearing on a matter and he promised he would be there. Instead a junior solicitor was sent, who wasn't bad actually.

I am struggling to pin this solicitor down to a figure and have it in writing and what he would do. He proposed a fee of £25K, where he would be acting as solicitor and solicitor advocate. The problem is that my case is not that complicated (I like to think that) and I find that sum to be egregiously high which is being proposed based upon my parents emotional statement to him that they would sell their house if need be to help me out.

The guy is egotistical and there is no doubt about it, and have fought high profile cases. I keep getting hot and cold feelings about this and I am worried sick about his repeated comments that he can't be too bothered working on legal aid compensation. I am sorry for being repetitive but would you pay him privately (let's forget ethical issues of what he's doing to me is morally wrong and perhaps even illegal) or would you start fresh with new solicitor on legal aid or private basis which is a bit of a gamble, as they may turn out to be very good or not worth the paper.

It's clear to me that a lot of solicitors are not doing their best when being compensated on legal aid and that's my observation from the two solicitors I have used.

Any suggestions?

[Casehardened]

This is a difficult one for anyone to call for you because either way there will be 'what if's':

if you did pay the £25K over and if, as you say, the case is a walk in the park, you then will always wonder if it could have been won without the solicitor having gone the extra mile.

if it went horribly wrong on a legal aid basis, you will definitely wish you had paid the £25K over, which after all is probably only a years salary for some folks and therefore represents a small price to set against the possibility of loss of freedom.

I think therefore the decision must be yours, and your parents, alone; all we can say is what we would do were we in your position.

Taking the view that running a solicitor's practice is a business just like any other, then it makes perfect sense to concentrate resources on private clients; a decent income can be earned from them, so a bit of effort can be put in, and hopefully a good result will bring in more work from word of mouth recommendations.

On the other hand, a legally aided client is not going to fund the Merc, and to be perfectly honest, to be seen defending someone accused of rape is not perhaps the best publicity for the business, so a decent monetary reward to compensate for any possible consequent loss of business is required.

So what would I do: if I had absolute confidence in the solicitor's ability to win my case (I don't have to actually like him as a friend or approve of his business ethics: just provided we could work together efficiently as a team) and I didn't feel that he would concentrate on a better-paying client should one happen along, I would pay him on a privately-funded basis to ensure the very best result for me.

[Rights Fighter]

Clearly you do not trust this guy yet you still appear to be considering staying with him. I find your attitude a trifle odd.

You've been given valid suggestions by other members as well as myself and as they clearly don't fit with whatever your criteria is, then I'm out.

[Saffron]

I find this solicitor's behaviour highly unethical.
If he doesn't want to undertake Legal Aid cases, he should not advertise himself as being prepared to do so. Sounds as though he is simply taking on publicly-funded cases in order to extort money from frightened, confused people.
Remember that, regardless of how your defence is funded, YOU are the client. He is supposed to act upon YOUR instruction. If he is refusing to interview witnesses or take statements solely on the basis that Public Funding does not pay enough, you should make a formal written complaint to the practice partners, and copy in the Law Society.
I also find it odd that this man is essentially extorting money from you and that you are actually considering paying him.

[res]

I also find it odd that this man is essentially extorting money from you and that you are actually considering paying him.

I am desperate and am losing my mind while the trial approach. I am sorry about the rant, but I guess I am breaking down in my own mind and I am sure my entire decision process is tainted which is why I wanted wanted second or third opinion as I rapidly approach the trial.

I am cognizant that the solicitor’s actions are unethical to say the least. At this point I need to stick with someone who is damn good and I think I am ready to seek my parent’s help. I have struggled to justify paying that sort of sum and I may go back and negotiate a final sum with him.

I understand what others are saying that why am I sticking with him given his stance. I suppose I am scared of the unknown and changing solicitors adds another dimension of uncertainty. I remain undecided and wonder if it's my anxiety that is creating an issue and hindering my ability to take proper steps.

Regardless, I will have a last word with him and ensure that the agreed sum is put in writing.

I am also going to speak to at least two other solicitors for the peace of my own mind.

What is the normal protocol in terms of payments? Are they given in stages (my preference) or lump sum?

Thank you all for your advice. I am a man of faith so praying on it that whatever decision I make is the right one.

[Casehardened]

What is the normal protocol in terms of payments? Are they given in stages (my preference) or lump sum?

I don't know the answer to this but as he appears to have a fairly lax attitude to conventional business practice perhaps you could insist that the final payment is conditional on a not guilty verdict!

[Boys don't cry]

As he appears to have a fairly lax attitude to conventional business practice perhaps you could insist that the final payment is conditional on a not guilty verdict!

I know that for a divorce you can pay in several instalments but for a rape I suppose it should be the same.
(You can ask previously).

The answer from Casehardened is absolutely brilliant:

If your solicitor is that desperate for money, he should work for it.