THE PRESIDENT of the High Court has expressed concern at the level of fees charged by a solicitor in a personal injuries case, and disallowed €14,000 in fees for what were billed as “suicide abatement” phone calls and emails.
Mr Justice Nicholas Kearns said that such charges should never have been claimed or allowed by the taxing master, who rules on legal fees.
He overturned a taxing master’s ruling allowing €324,000 in costs to Keane Solicitors, Eyre Square, Galway, whose principal is Patrick M Keane.
Mr Keane originally claimed a fee of €406,069, including a €240,000 instruction fee. Taxing master James Flynn, who has just retired, allowed a total of €324,000, including a €212,000 instruction fee.
Overturning these fees, Mr Justice Kearns also criticised Mr Flynn for allowing the “suicide abatement” charge, for his method of calculating the costs and for his departure from High Court jurisprudence in the calculation of costs. The case now goes back to another taxing master or the High Court.
The case, which lasted 15 years, concerned a young man who had been hit by a car when he was seven, and who was suffering severe injuries, including psychological and psychiatric.
He sued the alleged driver and owner of the car and, because the car was uninsured, the Motor Insurance Bureau of Ireland.
The case was settled, with costs, for €800,000 in December 2009.
The defendants claimed the €406,069 fees were excessive and challenged them before the taxing master.
When Mr Flynn allowed €324,000 in fees, they challenged this to the High Court. Mr Justice Kearns expressed concern that the “extreme financial crisis” in the country was not being factored into decisions on legal costs.
He said the sum for “suicide abatement” phone calls, charged at €200 an hour, allowed by Mr Flynn, should never have been claimed or allowed.
Mr Flynn had accepted time estimates of 70 hours without properly analysing if they were reasonable.
He said it was not an appropriate matter for a taxing master to address and that a solicitor has no qualification to provide counselling.
Fees close to those claimed by the solicitor are not always allowed by the taxing master.
In July 2010, taxing master Charles Moran described as “revolting in the extreme” costs charged by Patrick V Boland and Son Solicitors, and reduced a bill of €2.143 million to €393,427.