Requiring My Solicitor To Accept Compensation Offer

[shortpaul]

I have engaged a solicitor to settle an RTA compensation claim with the MIB. The agreed terms are 25% of the settlement, no win no fee.

The MIB have made an initial offer of settlement. Despite the fact that this is there initial offer and that if the solicitor contested it he may be able to push it a little higher, I want to accept this offer and intend to instruct the solicitor to do so.I know however from experience with dealing with him during preparing the claim, this will anger him and he may well try and move heaven and earth to try and delay a settlement while he attempts to increase their offer. He has a vested interest in trying to get the maximum settlement because of the basis of the terms of engagement. I would like as much as possible, but my circumstances mean I need a settlementasap.

Can I be reassured though that there is in fact nothing he can do to prevent me settling this now, even if it means I possibley accept a smaller figure?

[woofgang]

What does your written agreement with him say?

[Postdog]

You are aware of course that having agreed to be represented by them, they have a right to charge you for any work undertaken so far. If they went ahead and lost, fair enough, but they WILL try to recover costs, so any offer you accept could be wiped out and then some by their fees.

[Zacs-Master]

' The agreed terms are 25% of the settlement, no win no fee. '

[hc4361]

It may be 'no win, no fee' but I wouldn't be at all surprised if they charge for everything else such as medical reports that the firm has to pay to third parties.

Anyway, you are in charge here, shortpaul - you are employing them to work on your behalf. You need to read the contract very carefully before insisting he accept the offer on your behalf but any terms must be fair.

[Peter Pedant]

yes
but there is quite a lot you havent told us...isnt there ?

[Postdog]

I'm simply saying they may not consider it a win, as they would not be doing what they were engaged to do, an engagement made because they weighed up pro's and con's, and in their estimation money was to be made. By depriving them of that opportunity, you are going against terms and conditions laid down for their financial protection, and they will be in their rights to charge a fee as in a normal solicor client relationship.

It's all in the small print of these agreements normally.

[Peter Pedant]

// By depriving the lawyers of that opportunity,....//

well it depends on the terms of the contract with your lawyers ( as usual )

but this is called "suing on a chance" ( "there was a 50% of getting 35% more") which actually is possible in contract
but you know is not that common

so I would rate Postdogs comment as almost completely all wrong

you instruct solicitors
they dont instruct you

[ladybirder]

Paul you don't have to start another thread to reply.

Peter he has answered you here.
http://www.theanswerbank.co.uk/Law/Civil/Question1535258.html

[Postdog]

Well thank you, but I'm talking from experience.

[Hymie]

I’ve seen the films and I reckon that organisation must be worth billions – perhaps that is why your solicitor is hold out for more dosh.

Just make sure they don’t zap you with that light thingy, otherwise you’ll forget everything.

[Peter Pedant]

// Well thank you, but I'm talking from experience.// postdog

the whole point of this thread is that short paul wants megamoolah for minimal layout

actually in writing this
I have realised that I have misread the thread and original post

I thought he had fr instance demanded 100 000 and got an offer of 25 000 - which you will notice is 25% - and the question was should he accept ? or even did he have the power to accept

but in fact he means quite clearly that if he gets £50 - then £12. 50 is the lawyers share, and so far there is no offer on the table
oops ..... sorry

so who has the power to say " stop! I am gonna take the money" ?
time to read the agreement again

[EDDIE51]

From expierience the MIB always offer a low amount first. They will offer more if you can wait. The solicitor' MAY POSSIBLY' agree to offer you an advance payment against the final settlement you can only ask.
As said, if you now demand that they accept the initial offer the solicitor will have the right to demand payment for the time he has spent on the case , you could end up with less than 75% of the compensation money!
Final payments are often double or more the initial offer so you may be well advised to wait a while.
Ask the solicitor what he thinks is a reasonable amount for the final settlement, he will have a good idea of how much the case is worth from previous settlements.