Solicitor Given odds of winning.

We have a case coming up where all that needs to be decided is the costs. 

We have asked what our chances are of winning a number of times and get no response from solicitor other than "There are no guarantees." The offer from other party is to each pay own costs. Are we asking too much to expect a solicitor to tell us what our odds are of winning costs so that we can make an informed decision?

If you want odds

go to a bookmaker. As you already have a case in court there is no decision to make, informed or otherwise. 

Profile: Interested in the subject

Bookmaker for sporting odds

If I wanted to make a bet I would go to a bookies and be able to make an informed decision on making a bet or not.

If I go to court I could lose and have costs awarded against me, so there is a decision to make; settle or court?

The short answer is 'no',

The short answer is 'no', because, as you have already been told, there are no guarantees.

If you settle, you know exactly what your costs are, if you choose not to settle, you may find yourself with a bigger bill.  You have the options to choose from. Choose.

Profile: Independent (owner ABS) legal professional: 25+ year work history incl. 10 years in child protection - nine years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given. Happy to accept instructions from those in the London area.

I don't understand what do

I don't understand what do you mean by "all that is decided is the costs", does not the loser generally the costs. Can you explain?

A little more information.

While acting as a joint executor the other party withdrew a few thousand pounds from "executors" account and refused to cooperate. Money was only returned and they cooperated after legal action was taken..... So all that needs to be decided is costs.

I understand that nothing is certain, but as I am paying for a solicitors experience I would expect them to at least say "in my opinion I belive you have a better/worse odds of x-y%'

 

Oh I see, yes I suppose they

Oh I see, yes I suppose they could be expected to give a rough indication, after all, for example, PI solicitors purport to calculate your chances of success when "working out" their success fee uplift with a Conditional Fee Agreement. (No win No Fee) So it would seem (while no guarantee is possible), an approximately possible surely is?

A little more information.

Yes. In am going to go for the court case as I believe odds are in my favour and I was in the right, but it would be nice to know.

 

Understood

Understood

It's a probate case and so

It's a probate case and so there's the chance that the estate will bear the cost. As an executor your covered if you act properly.

But if an executor doesn't act properly then its reasonable to expect they would personally bear the cost.

Improperly withdrawing estate funds is fairly serious so I'd expect a court to order that person to pay up. But the devil will be in the detail - so no guarantees.

Profile: retired barrister legal adviser with MOJ.

User login

Navigation

twitter link facebook link
netlawman link