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CFA

Re: CFA

Postby Earl » Tue Sep 27, 2016 8:28 am

Thanks for the reply, but I have a query concerning the contract that I'm negotiating and instructions and so forth.
I after our first meeting I emailed him with a set of questions about future costs, and my ability to sustain the case re disbursements. With the use of the internet I figure out most, and offer him my case at 25%.
He replies 50% and then he will answer my questions re costs.
I reply40%
He replies 45% up until court proceedings. He does not state that he will not be answering my questions nor does he state that the contract to be signed in approx a week will be back dated to start immediately. In the telephone conversation he states he will send me the contract to review.
By telephone I accept and await questions about future costs. I am now away 3 days camping with no internet.
I return from camping to this email below - 3 days old and a pile of paperwork stating I have instructed him. (Which would be the day I telephoned him)
He replies but not answering my questions; but with a series of questions that he qualifies with the statement that he's not answering questions about anything beyond getting to the court proceedings.
So he hasn't answered my questions part of what we agreed in the negotiations - In my little head this means he has breached our agreement. Yes or no?

I would not agree at this point that I have instructed him to do anything, I need the answers to my questions to see if I could pay future disbursement etc and then obviously need to haggle a fee for him to issue proceedings to get it to trial. Surely he doesn't think I would sing a contract for him to just do the preliminary letter swap and mediation without nailing down an agreement to take it to trial.
I am feeling railroaded.

I emailed him yesterday pointing out that he hadn't answered my questions, and asked him if he would take my case to court and at what fee if I can afford the future disbursements etc.
Anything else I should do.
Earl
 
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Re: CFA

Postby atticus » Tue Sep 27, 2016 9:00 am

If you assert that there has been a breach of contract you accept the existence of a contract. Is that wise?

You need to ask yourself if this is the right solicitor for you.
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Re: CFA

Postby Earl » Tue Sep 27, 2016 12:24 pm

Yesterday I sent a brief email that stated that he hadn't answered my questions that I needed to have answered to see if I could go to court. I confirmed a previous statement that mediation would be a waste of time with the opponent in question. (So obviously I wouldn't instruct him for the mediation bit, if I couldn't fund the court bit)
I then went on to ask if I could fund the disbursements for a trial would he take it on and at what success fee.

Now I just want to bin him, he's making me feel real sick and and I don't know what to do.

1)Just had a thought should I email and say that since he hasn't answered my questions that I cannot instruct him to act for me and secondly that any discussion with regard to court proceedings is a waste of time.

2)Or do nothing
3)or / if and when he answers my questions re disbursements just say I cannot afford it and thus cannot instruct him for the pre court part.
Earl
 
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Re: CFA

Postby atticus » Tue Sep 27, 2016 12:46 pm

Your decision. You know the case. You need to have confidence in your lawyer.
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