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Legal matters

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Can solicitors charge for work before signed agreement in place?

12 replies

Timeforbubu · 01/12/2025 15:42

I've received an invoice of a substantial abortive fee, over £600, for initial work done setting up he file and preparing the retainer.

I hadn't signed anything beforehand nor had information that the phone and email communication was billable. I emailed them saying I'd like to proceed with instruction but when I then received the information about cost structures and the retainer payment info and Ts&Cs I decided not to proceed, and informed them.

Do I have any recourse here to say to them I hadn't been informed that I'd already incurred fees and they hadn't been transparent in this?

OP posts:
Collaborate · 01/12/2025 15:56

It depends, though usually not. they will need to undertake ID checks and conflict checks, then they should send you their engagement terms which should give you sufficient information about how they will charge you.

They should not charge you for their admin time in setting up the file - only for advice and services given. Though if you'd sent them a large number of documents and asked them to read them all, and they told you what their hourly rate would be, then you should expect to pay for that time reasonably spent.

Timeforbubu · 01/12/2025 16:03

Thanks @Collaborate . No, I'd had a couple of phone calls with them, and an email going back and forth where I described the situation I was intending to instruct them about. There were no ID checks etc. done and once the information on their fee structure and phases of work came through, I decided not to proceed. However now they've come back saying for the first time that the work communicating with me so far and preparing the retainer is billable.

OP posts:
OVienna · 02/12/2025 11:14

It doesn't sound like they communicated with you well on fees and terms.

I am not a lawyer but in professional services charging on a time and materials basis.

If I am evaluating whether we can take a case on, I clarify whether any of the preliminary work is billable.

I could be stricter with some potential clients/have to be quite strict with some.

It's hard to know what happened here - IME a client's view of 'not very much information' can underestimate the scale of the task and (sorry) if you don't engage advisors every day you may not have realised. They may have taken a view you were more experienced than you are.

They will probably negotiate with you on the fees but I'd imagine it's not unreasonable for them to capture some of the time.

OVienna · 02/12/2025 11:16

"I emailed them saying I'd like to proceed with instruction but when I then received the information about cost structures and the retainer payment info and Ts&Cs I decided not to proceed, and informed them."

This is what I mean about inexperienced - you should not have done this prior to seeing the T&Cs.

schoolfriend · 02/12/2025 11:18

In my profession (wealth management) it's always made explicit when charges start accruing for time spent so I would be surprised to receive a bill after the fact finding process with no prior warning that the time was billable.

Did they complete work on the basis of you saying you'd like to go ahead? Or was the work already done ie. speculative and in the interest of trying to win your business?

Collaborate · 02/12/2025 12:51

Nothing you have posted suggests that you are on the hook to pay them.

Timeforbubu · 02/12/2025 13:00

@schoolfriend no work was completed by them. The first part of the work would have been to draft a letter, after the retainer was paid, but I cancelled before I paid this retainer.

OP posts:
schoolfriend · 02/12/2025 13:16

Timeforbubu · 02/12/2025 13:00

@schoolfriend no work was completed by them. The first part of the work would have been to draft a letter, after the retainer was paid, but I cancelled before I paid this retainer.

Sorry, I meant the activity they are charging you for? Was that done in response to you saying you would go ahead? Or was that done as part of their pitching process (ie before you agreed to go ahead)?. Either way I think you’ve got a decent case not to pay but it’s a bit muddier if they did some ‘stuff’ in response you to you saying you’d go ahead and then you changed your mind.

Timeforbubu · 02/12/2025 13:22

@schoolfriend ah I understand. They have charged me for sending me the retainer documents, and explaining what the phases of work will involve.

OP posts:
schoolfriend · 02/12/2025 13:35

Timeforbubu · 02/12/2025 13:22

@schoolfriend ah I understand. They have charged me for sending me the retainer documents, and explaining what the phases of work will involve.

Was that done in response to you saying you would go ahead or did you already have those things when you agreed to proceed?

Timeforbubu · 02/12/2025 14:04

@schoolfriend it was in response. I didn't have the retainer info etc until after I said I'd like to instruct them.

OP posts:
schoolfriend · 02/12/2025 14:21

@Timeforbubu

ChatGPT says this. (Although I think before formally writing and quoting regulations etc it's probably worth calling for a chat - it might be easily resolved)

Based on UK contract and consumer-protection principles, you have a very strong argument not to be liable for this £600 abortive fee — or at most for a much smaller, reasonable, pre-agreed amount.
Let’s break it down clearly.

✅ 1. You did not sign a retainer or agree to their terms
Until you accept their Terms & Conditions and fee structure, no binding contract on costs exists.
A solicitor or professional cannot simply:

  • start charging you their hourly rate
  • without telling you that communication is billable
  • before you have agreed to their terms.
This is a common rule under SRA Standards, Consumer Rights Act 2015, and general contract law.

✅ 2. You were not told your emails/phone calls would be charged
This is key.
Professionals must tell you:

  • their hourly rate
  • when the clock starts
  • what is and isn’t chargeable
  • what initial work will cost
before charging you for anything. If they didn’t, then charging £600 for “file setup” + emails/calls is very likely unenforceable.

✅ 3. You only said you would “like to proceed with instruction”
This is an expression of intent, not legal acceptance.
A contract forms when:

  • the offer (fees + terms)
  • is accepted
  • with clear agreement to be bound
  • with price known or reasonably determinable.
You did not accept once you saw the actual terms. You withdrew before any binding retainer was formed. Therefore: no contract, no fee basis.

✅ 4. Charging an undisclosed fee of £600 breaches fairness rules
Under the Consumer Protection from Unfair Trading Regulations (CPRs) and Consumer Rights Act 2015, traders must not:

  • hide key information (like charges)
  • mislead about price
  • impose fees not agreed in advance
  • charge for unsolicited or unrequested work
Preparing a file or retainer before you have accepted their terms is at their own risk, not yours.

✅ 5. Case law supports you
Where a price has not been agreed:
➡️ A supplier may only recover a “reasonable” amount if the consumer knowingly requested chargeable work.
Here, you did not know it was chargeable, therefore the request was not “informed”.
📌 So what are you likely liable for?
Probably nothing, if:

  • you were not told charges applied
  • you did not approve terms
  • you withdrew immediately once terms were revealed
  • their “work” was part of onboarding, not substantive output you benefitted from
At most:
  • a nominal administrative fee (£20–£50), but only if they clearly told you one existed (which they did not).
A £600 fee for “abortive setup” without disclosure is almost certainly unreasonable. 📨 How to reply (copy/paste template)

You can send something like this:
Subject: Disputed Invoice – No Agreement to Fees

Dear [Name],
Thank you for your invoice dated [X].
I must formally dispute this charge.
I did not sign a retainer, did not receive or agree to your Terms and Conditions, and was not made aware that our initial phone or email communications were billable. As such, no contract for chargeable work was formed, in line with the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations.
My email expressing an intention to “proceed with instruction” was not an acceptance of your terms, and upon receiving the fee information I decided not to proceed, which I notified you of immediately. Any preparatory or file-opening work undertaken prior to agreement was done at your own risk.
For these reasons I cannot accept the invoice for £600, which is neither disclosed nor reasonable.
Please confirm that the invoice is withdrawn.
Kind regards,
[Your Name]

If you want, I can tailor that message to fit the exact tone you want (firm, polite, or more legal-sounding).
I can also look at the exact email chain (if you want to paste the wording) to give you a precise assessment of your position — but even from what you’ve shared, you are strongly in the right.

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