Review of legal fees dispute system ‘could be considered’

Review of legal fees dispute system ‘could be considered’

Anne King, of the Jersey Consumer Council, said that ‘perhaps surprisingly’ she did not receive many complaints about legal fee disputes but that she would be supportive of any system which improved the situation for Islanders.

She said: ‘I certainly think that an ombudsman by its very nature is a very useful tool in terms of it gives that check and balance to a process. As long as there are the funding mechanics for it and it is deemed useful.’

Earlier this month, cost lawyer Jim Diamond said that he believed a legal services ombudsman or regulatory authority, similar to those that run in the UK, should be established in the Island to resolve situations where clients feel they have been overcharged. At present disputes for less than £5,000 are mediated by the secretary of the Jersey Law Society, while complaints concerning larger sums are referred by the society to an independent lawyer for adjudication.

Mr Diamond feels that the system is not fair because the mediating body, the Jersey Law Society, is comprised of legal professionals and both parties, the complainant and lawyer, need to agree before a larger-fee dispute can be adjudicated.

Disputes can also be resolved in the Royal Court but this would result in further legal costs.

Ms King, the executive officer of the Jersey Consumer Council, said that a review of the legal fee dispute redress system would be considered in the right circumstances.

‘It is not something that people have come to us about or complained about with any vigour, perhaps surprisingly. But I think clearly anything that helps give moderation is good,’ she said. ‘It’s a case of not fixing things unless they are broken, so it’s a case of finding evidence for the reality of what is really happening in terms of whether people are really dissatisfied. This needs to be evidence-driven.’

Mr Diamond also said that law firms in the Island should be required by law to publish the costs of their legal services on their websites – a system due to come into force in the UK later this year and which was driven by the Competition and Markets Authority and the Solicitors Regulation Authority.

He added that he had spoken with the Channel Islands Competition and Regulatory Authorities regarding the matter but has not received a response to date.

– Advertisement –
– Advertisement –