A COUPLE seeking to appeal against the dismissal of their complaint that they were overcharged by solicitor Gerald Kean are having difficulties trying to get a lawyer to take their case, the High Court heard yesterday.
Dajamel Mennad, who with his wife Fatima Zohra Azizi Mennad, is taking the case against Mr Kean, told the court he had advertised in a newspaper to try to get another solicitor but, when he spoke to pro-spective firms, he was quoted large fees or told they were "too busy".
The couple want the High Court to extend the time allowed for the bringing of an appeal against a decision of the Solicitors' Disciplinary Tribunal that Mr Kean was not guilty of failing to outline his fees for taking a case for them.
The case arose out of a litigation concerning the loss of a tenancy by the couple of a restaurant they had in Athlone which was dealt with in the Circuit Court. The couple claimed they were charged €15,000 when, they claimed, they had been told they would only have to pay €7,500 if they lost the case and €15,000 if they won.
Last November, the tribunal found Mr Kean was not guilty of professional misconduct in the relation to the case which centred on a letter setting out legal fees of €15,000 which Mr Kean said he sent in August 2003 but which the Mennads said they never received.
The president of the High Court, Mr Justice Richard Johnson, said yesterday the Law Society would have to nominate a solicitor on their behalf and he adjourned the case for four weeks to allow Mr Kean to file an affidavit in relation to the case.