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is it bad for a solicitor to make an offer without having consulted the client?

(4 Posts)
IShallWearMidnight Fri 30-Nov-12 17:53:51

Dispute regarding money owed by A for work done by B. B is pushing for full payment plus interest, A's solicitor firstly says "see you in court mate", then makes an offer of a small amount of total claimed but hasn't agreed this with A (and says so in offer).

Just unprofessional, or against Law Society rules? I'm neither A, B or solicitor in this, just an interested party.

Veritate Fri 30-Nov-12 21:08:27

If he makes it clear in the offer that he hasn't specifically agreed it with his client, that seems to me to be OK. He's not deceiving anyone and in effect he's testing the water - he's finding out whether B would be interested in settling at that sort of level, with the implication that he will go back and get his client's instructions on it if B is.

IShallWearMidnight Sat 01-Dec-12 09:12:09

Thanks for that, I wasn't sure if it was acceptable practice or not

JessieMcJessie Sat 01-Dec-12 15:55:13

Very common, not unprofessional at all if solicitor makes it clear he has no firm instructions.

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