Even the Government seems to have forgotten Your Statutory Rights!

Yesterday the Competition and Markets Authority published the results of a year long study into the legal services sector, the results of which can  be found here : https://www.gov.uk/government/news/cma-demands-greater-transparency-from-legal-service-providers. The conclusion is that there is not enough information available on price, quality and service to help those who need legal support choose the best option. We would not argue with that.

What is surprising however is that in the 518 page report, despite examining the applicable consumer protection law, and despite apparently speaking to all interested parties and regulatory bodies there is not a single mention of the absolute right of every client who instructs a solicitor to have his or her fees checked by the court under the provisions of Part III of the Solicitors Act 1974.

As a client, if you are unhappy with the amount you have been charged, you have an absolute entitlement within a month of receiving your solicitor's bill to have the amount assessed by the court. If the bill is reduced by the court then your solicitor is bound by the result. Up to a year from receipt of the bill, you may still have a right to have the bill assessed, even if it has already been paid. There are potential pitfalls (in that if your complaint is not upheld you may have to pay the costs of the process) but we can provide expert advice on that, entirely free of charge, before embarking on the exercise.

This statutory entitlement is available to everyone, even where fees are being deducted from damages under a "no win no fee" agreement. 

Most solicitors will tell you about this statutory entitlement, but often it is buried deep in page after page of other information. In our view it should be prominent, it should be offered as a matter of course, and after a year long study the Competition and Markets Authority really ought to have picked up on it. If they are unaware of this important piece of consumer protection, what chance does the client have!