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What must I tell a client before suing for non-contentious fees?
I plan to sue a client for non-contentious fees. My client care letter and invoice contained notice of the client’s rights to challenge or complain about the bill. Is there any other information I must give to the client before starting proceedings?
Provided your bill complies with the requirements of s69(2) of the Solicitors Act 1974, recovery proceedings for costs may be commenced after one month has elapsed from the date of delivery of the final or interim statute bill.
Where your client is an individual (as opposed to a company or partnership) the matter will be subject to the Pre-action Protocol for Debt Claims.
Paragraph 3 of the protocol requires that before commencing proceedings, you should send the debtor by post a letter of claim containing detailed information about the debt as set out in para 3.1 of the protocol along with:
(a) an up-to-date statement of account, or other information setting out the up-to-date position on the debt, interest, administrative charges and payments received
(b) an information sheet in the form set out in annex 1 of the protocol
(c) a reply form, also set out in annex 1 of the protocol, and
(d) a financial statement in the form set out in annex 2 of the protocol
For more information, download the Pre-action Protocol for Debt Claims (PDF 460 KB).
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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