Legal Question in Family Law in Ireland

Solicitor refuses to complete job

Can a solicitor refuse to work for a client and still charge for work done? The solicitor has given up on the client (a family member) due to excessive telephone contact made by the client. This seems like a very unfair reason to refuse to work for the client. Why should the client be charged?

Here is an analogie of what i am getting at:

If a man engages to carry a box of cigars from London to Birmingham, it is an entire contract, and he cannot throw the cigars out of the carriage half-way there, and ask for half the money; or if a shoemaker agrees to make a pair of shoes, he cannot offer you one shoe and ask you to pay one half the price.'


Asked on 3/10/09, 5:05 pm

1 Answer from Attorneys
Seamus Monaghan Seamus Monaghan & Co, Solicitors

Re: Solicitor refuses to complete job

Hi

Many thanks for your query.

1. I would need to review and consider the terms of the contract of engagement (written or verbal) between your family member and the solicitor.

2. If the contract provides that the Solicitor is entitled to charge for work done, then he can charge for work done.

3. If the contract provides that the Solicitor is only entitled to charge when the job / services are completed, then the Solicitor cannot charge unless the job / services are completed.

4. I would recommend you to contact the Law Society of Ireland with your query.

I trust the foregoing sheds some light on the issues raised. Please note this email should not be relied on as legal advice. I would advise you to discuss the matter with me further to obtain proper legal advice. Please do not hesitate to contact me.

Best regards

Seamus

SEAMUS MONAGHAN & CO

Solicitors

Teeling Street

Sligo

Ireland

T: +353 71 9138572

F: +353 71 9138573

W: www.sligo-solicitor.com

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Answered on 3/10/09, 5:43 pm


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