Question about Paid Costs.

[Fedupandtired]

My husband had to pay costs to his ex in April. Since April we have changed lawyers because our last one was a douche. Our new lawyer is really really good and I was wondering if we are able to ask for costs back? I could ask the lawyer but may as well see what anyone has to say here first. Our lawyer said it's rare for someone to get costs after the first conference.

Thanks

[NBDad]

You are stuck paying them unless the court orders otherwise. Usually costs are assigned when one side ignores a reasonable offer or otherwise does something monumentally stupid.

[Fedupandtired]

That's the thing we didn't do anything stupid the lawyer did. We co-operated and gave all forms/papers we were supposed to and on time and our lawyer decided that we didn't need them a the conference? So we were stuck paying $650. It's maddening.

[Fedupandtired]

Just to add we did pay them in April.

[HammerDad]

It would cost you more in legal fees to appeal for the award for costs to be reversed and then fight for the monies to be reimbursed than you were ordered to pay in the first place.

File this one in the "it just isn't worth it" catagory.

[beebie]

And you would probably lose too.

[standing on the sidelines]

That's the thing we didn't do anything stupid the lawyer did. We co-operated and gave all forms/papers we were supposed to and on time and our lawyer decided that we didn't need them a the conference? So we were stuck paying $650. It's maddening.

you are the ones who hired the lawyer so you are responsible. Your best bet is to try and get the money from him because it was his mistake.

[Tayken]

you are the ones who hired the lawyer so you are responsible. Your best bet is to try and get the money from him because it was his mistake.

Agreed. If the solicitor failed to follow instruction and the rules that they were supposed to conduct themselves under as a professional take it up with the Law Society.

Just provide all the cogent evidence to when you provided instruction, the responding email stating that the documents were not required and that they were never filed as required under the rules. If you got whacked for a procedural issue for filing late or not filing it is the lawyer who should be responsible. That is why you retain them. To know the rules, follow the rules and make sure things are done properly and within the rules.

Good Luck!
Tayken

[TLCRN]

Good Luck with the Upper Canada Law Society. It's a lenghty process and if they do investigate, they are likely will give the lawyer a "warning". They have so many complaints, with this type being a major one, and not a priority unless they have had many complaints against that paricular lawyer.