Poor drafting by lawyer

[Namechange1943]

I instructed a solicitor to help complete legal forms (ET1) pending possible legal action against my employer. They have sent me a draft - that is really awful ( just cut and pasted from background documents I had sent, duplication and conflation of different events in places etc ). They are also saying it took them longer than expected and charging more than double the estimate. I’m not sure what to do.

Should I ask them to redo it (cost more); instruct another solicitor (cost more) or do it myself?

The deadline is the end of next week. It’s not really legal - just retelling of what happened.

Am So disappointed. Have had a good cry. They sounded so good on the phone , they are a Partner at the firm , and I thought /hoped they would help- but this is rubbish!

Option D.

Reply and explain the errors in the work and your understanding that the price they quoted would stand unless they agreed otherwise with you.

Wait for their reply.

Another vote for option D.

My sympathies for you having to go through this OP, it's really not easy. Have you got other guidance and support? I did a lot of the work myself and found valla.uk/ to be an amazing reference with lots of helpful info

Thank you - I hadn’t seen the Valia site before. Will have a proper look.

I did query the cost in her email (before I read the draft) but she said the previous price had been an estimate and it took her longer to do than anticipated. I wouldn’t have been so upset if the work had actually been any good /was useable- but to be honest it’s rubbish - no way I could submit it.

I complained about the work done - they said it was just a draft but agreed it wasn’t very clear. They said they would get the solicitor to re- do it. She has written today proposing a different approach and that she will provide a further estimate aa she has had to do more work than anticipated ‘clarifying my instruction’! I am annoyed as I see it we had agreed an approach - she provided a rubbish draft and now wants to charge more to re- do it. I have already paid her thousands to read in and the deadline is this week so doubt I have time to go elsewhere now. Any advice ? Thank you

It's a lucky person who can get the customer to pay for their mistakes.

Isn’t is just!

Would you just pay the bill (they may attach interest if I don’t) or complain about it? Sorry I’ve never been in this situation before.

I wouldn't pay the bill, yet. In your client care letter there should a named individual to whom you can raise a complaint. Do that and tell them what you've told MN and hopefully they will waive the costs.

If you are a litigant in person (I.e. have no solicitor - which you won't have when you've sacked your current one) your ET1 doesn't necessarily have to be super legal, so long as it is submitted in time and you've covered adequately what your issues / claims are. You will have a further opportunity down the line to expand fully on your case (at the witness statement stage - if it gets that far). There will also be a Preliminary Hearing to discuss the case generally and to set Case Management Orders and the Tribunal are usually fairly lenient if you are representing yourself (even if you get a lawyer later). I would submit the ET1 yourself to save any further costs and await an outcome from your complaint. It is quite a long process so you will hopefully have time for your complaint to be dealt with and fees waived before outplaying any more money.

*outlaying

Can I check if you've contacted ACAS re Early Conciliation? This is now a prerequisite to filing a claim against your employer?

www.acas.org.uk/early-conciliation

Thank you very much for the advice.

Unfortunately as the deadline is this week I have already agreed that the solicitors should finish/re-do the work. I’m in hospital at the moment and it feels a bit too late to get someone else to do it. I did ask what the revised estimate for the work was but they said that would follow later.

I have already paid the firm thousands - to read into the subject, issue letters and deal with Early Conciliation. I dread the thought of having to start again with a new firm but the draft really was poor and that they're not acknowledging that now and haven’t simply agreed to put it right at their expense makes me nervous about going forward with them- when the sims invested are likely to be even more. Hmmm what to do?

Just to confirm that we have already been through Early Conciliation (my employers didn’t want to engage in the process which apparently they never do) but thanks for the advice.

I'm sorry to hear you are in hospital. It must be stressful having to deal with this issue when you're unwell. I think you're right to be cautious about proceeding with the same firm if they can't get something as straightforward as an ET1 right. Where in the country (roughly) are you based?

Yes, it's not unusual for employers to refuse to engage in conciliation, they often do this to worry the Claimant into dropping their claim. Do keep us updated as to how you get and / or ask any further questions you might need an answer to. Sending hugs x

Thank you very much.

I am based in London.