QUESTION OF ETHICS

Q I have written to another firm of solicitors requesting a client's title deeds.

The firm says it will only produce the deeds on payment of their 'standard fee' of 15.

I thought solicitors could only charge for the delivery of files, including deeds, and not for producing them from storage.

Am I right?

A Yes, but the solicitors could charge a reasonable amount for delivering the deeds.

It is clearly inappropriate for the solicitors to make any charge for delivery when the deeds are being collected from the solicitor's offices.

As the costs of delivery can vary substantially, though, the solicitors should not be charging a standard fee.

In other words, what is a reasonable charge will depend on exactly what is involved, such as whether it is necessary for the other solicitors to send the deeds by courier.

In certain circumstances, it may be appropriate for the solicitors to charge for checking your authority or that of the client.

Q I have been consulted by a client who wishes to disinstruct her previous solicitors.

The main reason for this is that they gave her an estimate as to costs but their final bill of costs was three times this amount.

However, the previous solicitors are insisting that my client pays one half of their costs as billed before they will apply for a remuneration certificate on her behalf.

Does the remuneration certificates department of the Office for the Supervision of Solicitors (OSS) have the power to waive the requirement for payment of half the bill or to substitute a lower sum?

A Yes.

This is a situation in which the OSS might be prepared to substitute the estimated figure.

Another situation in which the OSS might be prepared to waive the condition that half the costs should be paid is where the solicitor is subject to proceedings in the Solicitors Disciplinary Tribunal.

l Question of ethics is compiled by the Law Society's professional ethics guidance team.

Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch; tel: 020 7242 1222.