I am a web developer and I was put in touch with a solicitor who could write me a Terms and Conditions document for my website. My business name will be 'mountain sites uk' and the solicitor has written a terms and conditions document which she NOW tells me is only valid for england and Wales. I only discovered this by accident. With a company name which ends 'uk' is it MY fault I didn't stipulate I need a terms document which is valid for scotland? About half of the people I need the document she has written are Scottish but she didn't mention when I asked her to write my Terms document that only England and Wales are covered. Have I the right to ask for a refund of the £200 advance Ive paid (on can I cancel the cheque tomorrow if it didn't go through?) I can not see how she is NOT negligent for not informing me my Terms work donnot cover the whole UK. Remember my business name ends 'uk' although it it not registered yet but her brief was for that name. Is she negligent? Can I ask for my money back? I would say her work is not 'fit for purpose'. A solicitor should understand that this means she should not take my money. I even had an hour interview with her before she was asked to write a Terms document for Mountain Sites UK! Am I being unfair or do I have a valid point?
Answer by WRG
No where above do I see any mention of you asking the solicitor to make the needed changes. That would be the first thing I asked.
Answer by THE WISE GUY
I would say that you both share responseability. I would suggest you call before doing anything. You may find that she will help in the matter. However, you did not tell the solicitor exactly what you wanted. You received the terms for those two areas thus part of the job was done. So it may be construed that you need to pay additional for the other part. On the other hand a polite phone call will go further than a canceled check in many instances. You may find the additional work will cost little or nothing.
Answer by laughter_every_day
Anyone has the right to ask for anything. You see that the problem may be in your communications ability. You didn't communicate to the solicitor what you wanted, just as your question on this site asks only if you can ask for a refund, when you probably want to ask if you can prevail in court in suing for a refund.
You want to make others responsible for understanding what you really mean by what you say. That may work in a marriage, but not in court.
Answer by boojumuk
I would say that you have just written a good advert for Mountain Sites uk under the guise of a question, but you don't specify why the document is not valid in Scotland, and my guess would be that this is because certain points of Scottish law are very different from English (and Welsh) law, so some of the clauses in this document may be invalid or even illegal in Scotland. You would probably need a complete separate document for Scotland, not just an amended version of this one.
Your solicitor may have assumed that you knew that there were differences between English and Scottish law, it is after all fairly common knowledge, but it was still remiss of her not to point these out.
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Orignal From: Am I entitled to ask a solicitor for a full refund of their charges if their work is not fit for purpose?
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