Solicitor trying to bill without signed contract in place

[catgirl80]

I had a 1 hour initial advice appointment from a solicitor regarding a divorce. He sent me an extensive file note free of charge and it was marked non chargeable. I followed this up with a couple of emailed queries and he called me twice unprompted by me. now me and my husband have reconciled so I informed him I am not needing to engage his services to which I get an email saying he will be sending me an account!

I had not at any point engaged his services and I had not seen a terms and conditions agreement or contract and had signed nothing. So I do not understand how he can charge as all my conversation with him had been initial pre-engagement queries as far as I am concerned . Can he charge me without a contract in place?

[JaneParker]

Nothing needs to be signed but it needs to be clear. Before I do any work ever I have 100% clarity. I say I am charging from now on, this is the rate or this is the fixed price are you happy with that that I go ahead on that basis.

Read everyone of his emails again to see if there is any suggestion that if he sent them he would charge for them and then set out on a clear short note with numbered points that he sent the file note free and you have not yet engaged him.

(I never give any initial advice which is free or meetings without charge. I have no idea why anyone would provide services for no charge otherwise we would not eat but more fool them if they do)

[prh47bridge]

I have no idea why anyone would provide services for no charge

It is called marketing. If you give an initial free consultation some of the people you see will become clients. Some of those would not consider using your services unless you provide the initial consultation free of charge. Of course you make a loss on the free consultations. But your expectation is that the extra business you get from these consultations more than outweighs the loss.

[Floppityflop]

So your solicitor did work for you and now you don't want to pay him? Nice!

[JaneParker]

The reasons she doesn't is because there all these solicitors out there doing these free meetings initially. I don't but many do.

[Floppityflop]

Yes, but he did work after the free initial consultation. Therefore he should be paid and if no price was agreed he should be paid quantum valebat, shouldn't he? But really he should have done a client care letter after the initial meeting making all this clear.

[catgirl80]

My point is that he should have given me a contract rather than randomly phoning and emailing and trying to charge

[catgirl80]

He has waived the charge after I complained so guess I must have been right