This article is from page 18 of the 2008-03-04 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 18 JPG
A DISPUTE between a solicitor and his former client over fees for circuit court proceedings were aired in the district court last week.
Solicitor John Rynne, of Abbey Street, Ennis, took the case at Ennis District Court (civil) against Denise Dalton, arising out of previous cir- cuit court proceedings, in which he represented her.
Mr Rynne claimed that Ms Dalton owed him €5,743.50, but she claimed that was ‘excessive’ and that they had agreed orally on a €4,200 fee.
Last week’s case arose from a cir- cuit court matter last year. In that case, Denise Dalton (45), of Sonas,
Shanaway Road, Ennis, took a case against an Ennis hair salon, arising out of a perm that went wrong, on May 26, 2003.
She said she suffered itching to her scalp, on the night of the visit to the ar Demnr-D(0)0F
The following day, her hair started to fall out and she noticed a smell coming from her scalp. That case was settled in the circuit court in February 2007.
Ms Dalton’s barrister told Ennis District Court last Thursday that his chent was “taking substantial issue with the figure’ Mr Rynne claimed he was owed.
He said that the fee of €4,200 had been agreed, on February 1, 2007
and his client was willing to pay that amount.
“You said you would charge no more than three times what the bar- rister would cost. His costs were €1,050, so the total came to €4,020,” said the barrister. Mr Rynne denied Wen ke
Ms Dalton, who is currently a trainee barrister, told the court that Mr Rynne told her the fees would not exceed €5,000, in a conversation on February 1, 2007.
“The bill was excessive. It was in breach of our oral agreement,” she SrHTOR
Mr Rynne told the court that Ms Dalton “got as good a settlement as she could have got on the day, which
we still stand over. I did a job for her and I’m entitled to my costs for it.
“She’s perhaps confused, given the stress of the day (in the circuit court). I still remain unpaid, as is the bar- rister in the case,” he added.
Judge Aeneas McCarthy said, “I am satisfied an oral agreement did come into existence between the plaintiff and defendant, to the effect the plain- tiff would receive three times that of a barrister’s fee, or a maximum of €5,000. I’m satisfied that agreement formed a binding legal contract be- tween the plaintiff and defendant,” he said.
He awarded a decree of €4,200 to Mr Rynne, but awarded costs to Ms Dalton.