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Client says he felt ‘trapped’ into Queensland firm’s retainer
A man who owes a Brisbane firm $550,000 in legal fees has accused his lawyers of pursuing his case despite knowing he was unwell.
Naomi Neilson
The former client, Nicholas Smith, told the District Court of Queensland he should not have to pay the $549,923.65 he owes to Brisbane firm FCB Workplace Law for its work on his unlawful termination matter between May 2018 and June 2021.
During oral submissions, Mr Smith said if he had been advised by his lawyers when he first retained them that the legal costs could reach such a high number, “he would have walked away”.
Among his other submissions, Mr Smith alleged FBC “charged excessive fees and duplicated work” and accused the firm of doubling up its costs between two of its solicitors.
Mr Smith alleged he was charged for a six-hour meeting in July 2018 for what he said was only a three-hour meeting.
In response, partner Brittany Byrne said that although there were occasions where two solicitors attended a meeting, there was no duplication as opposed to “necessary work in the usual conduct”.
In the judgment, Judge Suzanne Sheridan found there was “insufficient evidence” to indicate there had been any overcharging, and it was more likely the costs were the “hallmark of being the product of proceedings which simply became expensive”.
Evidence before the court also indicated there were a number of steps that needed to be taken to advance the proceedings.
“It is unfortunate that this occurred and that the costs expanded with the additional steps required to bring the claim to a successful conclusion,” Judge Sheridan said.
“The judgment amount ultimately obtained indicates that it was reasonable to prosecute the claim beyond a letter of demand.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
