I believe my lawyer has been very negligent and has cost me dearly.. What can I do now?

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Waspen

Active Member
29 June 2021
8
0
31
I am in a very difficult legal situation and need some advice.

I have been involved in a long running legal dispute with the purchasers of a block of land, which I sold in 2020.

In November 2023, I engaged a new solicitor for my upcoming court case on the 1 May 2024.

However, despite doing absolutely everything asked of me from my end (and always on time), my solicitor did not submit my documents to be discovered until less than a week before the trial (when he sent the plaintiff’s solicitor 350+ pages), thus giving them a very valid reason to seek an adjournment.

This was despite my solicitor having all the material in his possession for a number of months, and me telling him that I simply could not afford for the case to be adjourned for a third time!

I have racked up an incredible legal bill of around $60,000 dollars in only 5 months! (inclusive of a significant amount of barrister fees), only for the case to not go ahead because of what I believe to be my solicitor’s inexcusable negligence.

Negligence which has resulted in me being financially ruined, and being no closer to having my case resolved.

I believe that I should not be required to pay the final amount owing ($15,000 approx.), in addition to being entitled to a significant a reimbursement for costs already paid ($45,000 approx.), most of which has gone to waste due to no fault of my own.

What are my legal rights in a matter like this?

How much is reasonable to ask to be discounted off the final bill / to be reimbursed for?

Is getting another lawyer to sue him an option, if he does not agree to a discount/reimbursement?

It just feels incredibly unjust what has occurred and added significantly to the mental, emotional and financial pain, which I have already been dealing with for a number of years now.

Unless I am able to receive a large discount/recoup some of the money, I will not be in a position to properly defend myself in the case moving forward. This was my last chance.



Thank you
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,131
833
2,894
Sydney
Why did you change lawyers in the first place?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,131
833
2,894
Sydney
Know this - hurt feelings on your part, does not prove negligence on their part.

Which state are you in?
 

Waspen

Active Member
29 June 2021
8
0
31
I am in Vic.

Could submitting a large amount of discovery documents less than a week before trial (and resulting in an adjournment) be deemed as negligent?

As I said, I had sent them through to my solicitor months earlier.

Thanks
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,131
833
2,894
Sydney
If they got the documents in by the deadline
(which is set for the court's convenience, not yours),
then I don't see where there could be negligence?
 

Waspen

Active Member
29 June 2021
8
0
31
If they got the documents in by the deadline
(which is set for the court's convenience, not yours),
then I don't see where there could be negligence?
The case was adjourned upon the request of the plaintiff’s solicitor, that they had received 350+ pages at short notice, and claimed that it was not possible/realistic for them to be expected to review such a large amount of material before the scheduled court date. Thus they requested and were granted an adjournment, despite my opposition (as they had previously had 2 adjournments already).
 

Waspen

Active Member
29 June 2021
8
0
31
I've had to incur 20k+ in barrister fees, plus significant prep fees from my solicitor for a case which never went ahead because of my solicitor's tardiness.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,131
833
2,894
Sydney
Are you the plaintiff or the defendant?