Lawyer Is Screwing Us around - What Can We Do?

jesho on 07/03/2019 - 20:50
Last edited 08/03/2019 - 10:54 by 1 other user

Hi all,

Our family engaged an Estate lawyer to write up a deed of family arrangement and apply for letters of administration of my dad's estate (he died without a will, intestate).

They initially said it will take 3 months to finalise. It has now been approx. 6 months and it's still going. They have provided almost to guidance as to what's going on and given how much they charge per hour, and the small size of dad’s estate, we have been very hesitant to chase them up on it. In the meantime we had lost a buyer on dad’s house and, of course, the property market and offers have dried up since then.

They eventually told us that the graduate lawyer that was handling our case had left very abruptly and because of a lack of handover, this had caused delays.

On top of time delays, I've also been very concerned about a general lack of care. They've omitted me from emails, misspelt names on documents and today advised they haven't received documents I had sent by registered post which tracking shows arrived at their stated post office (not sure what's going on there).

I get a lot of apologies and I'm sure a lot of this is bad luck on our part but what actual recourse do we have, if any?

One thing that really angered me was that when my mother wanted to ask a few questions about some forms they asked her to sign (no explanation why - and we're hesitant to ask given his $400/hr fee). The lawyer took my mum’s queries about the document (she's worried that she's signing her life away) as her intention not to sign and stated, "I'll advise my clients you don't intend to sign" and hanged up on her.

Straight after he sent a letter to all of us stating this and proposed a conference call the next morning to discuss ‘this change of events’. The reason why I believe my mums take on events was that the lawyers had been so slow and uncommunicative to date and seemingly, when they saw an opportunity to charge us for something, they acted with great haste. Granted, this would come down to a he said she said so I don't think I can really argue anything here, but it left me quite frustrated.

A friend advised that I can take them to task for not delivering on their undertaking to finalise the matter in the three months as they stated, but I don’t know where that will get us at this stage of things. I’m also able to ask for an independent review of charges but I’m not sure if this is beneficial to us. They haven't since mentioned anything about charges.

Any guidance on how to deal with the lawyers will be greatly appreciated. I get that we’re small fry to them but this is quite unprofessional, in my view. I plan on leaving a negative google review 😉

Thanks,
Jesho.

• 

  fantombloo on 07/03/2019 - 21:04

  $400/hour. That's not even expensive.

  The legal system is rank.

  (Sorry OP, no advice.)

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  theHMASfriendship on 07/03/2019 - 21:26

  -1

  Maybe you should speak to a lawyer.

  (Sorry OP, TLDR)

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  HighAndDry on 07/03/2019 - 21:29

  +1

  Sounds unacceptable, but I'd go in person and talk to the principal solicitor and give them one more chance.

  After that, if it's still not resolved - http://lsbc.vic.gov.au/?page_id=3077. Better than a Google review.

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  canyoudoitcheaper on 07/03/2019 - 21:32

  I assume a probate application has been lodged in Court?

  You can terminate your current lawyer and find a new one who knows what they’re doing. Always ask for an upfront estimate of costs - this should actually already be in your current costs agreement.

  That said, legal fees for probate applications are regulated under the Legal Profession Uniform Law ( at least in NSW ) There’s a sliding scale depending on the estate value.

  In addition to terminating you can lodge a complaint with the Vic Law Institute or the Legal Services Commissioner for overcharging and delay.

  • 

    jesho on 08/03/2019 - 20:54

    Yes they have been lodged now. We were given an estimate of the cost and time up front but are unsure what implications the delays will have on cost. Are we able to ask for a discount given the significant delay? Don't really think there's much point in terminating as the deed has been drafted now, just waiting to send the last bit of paperwork off to the courts, or so they say.

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  Masterpupil on 07/03/2019 - 21:41

  +1

  Speak to the principle lawyer first and if that doesn't fix it, then take the file elsewhere and make a complaint to the legal services board or law institute (whomever deals with professional conduct complaints).

  • 

    jesho on 08/03/2019 - 20:54

    Thank you, I will do this.

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  altomic on 07/03/2019 - 22:41

  +1

  I’m also able to ask for an independent review of charges but I’m not sure if this is beneficial to us.

  as someone who works in the legal industry and has been a client of lawyers - the "independent" review of charges is pointless. it is another group of solicitors who will charge exorbitant fees to say that the law firm charged you the right amount.

  because the law firm will have "time costed" EVERYTHING.

  every time you ring them and speak to admin - it's chargeable and time costed
  every time the lawyer unscrews their pen lid, it's chargeable and time costed

  the independent review will look at the time costing and go "well, everything is listed here, looks reasonable. now that took 10 minutes to scan the time costing list….let's bill that for…. 5 hours. and another 3 hours for writing the one page summary which is pretty much copied and pasted from the standard letter but personalized via autofill…8 hours should do it, now that I've finished that 8 hours of work I might have morning tea"

  • 

    HighAndDry on 07/03/2019 - 23:48

    Can concur. Unfortunately the cost-review system only catches out disorganised law firms, not unethical/actually-over-charging ones.

    The 6 month delay to prepare what seems to be an uncontested deed of family arrangement and administer the estate are more concerning, and would (hopefully) be seen as such by the Legal Services Commissioner.

  • 

    poboy on 08/03/2019 - 10:09

    +1

    I am completely not a lawyer, but have a close relationship with someone who works as a legal costs consultant. Their whole business model is to find incorrect costings - and they do everytime. Mind you, this is really only for large cases. With small fry cases such as this, it's not worth it.

    I detest the law industry with a passion. "Yes, we can write a letter for you but not on our letterhead. It would cost $3,500". WTF?

  • 

    jesho on 08/03/2019 - 20:54

    Thanks for your comment, this is exactly what I was concerned about. I'll avoid taking this route now. Cheers.