A COUPLE who claimed they were overcharged by well-known solicitor Gerald Kean for services for an unsuccessful legal action have asked the High Court to allow them appeal a decision of the Solicitors' Disciplinary Tribunal rejecting their complaint against Mr Kean.
Dajamel Mennad and his wife, Fatima Zohra Azizi Mennad, are seeking to overturn the tribunal's rejection of their claim that Mr Kean had not outlined his fees in writing to them as required under Section 68 of the Solicitors Amendment Act, 1994. The case arose out of litigation concerning the loss of a tenancy by the couple of a restaurant they had in Athlone.
The case went to the Circuit Court. The couple claimed they were told they would have to pay €7,500 fees if they lost the case, and €15,000 if they won. They say they were later asked to pay €15,500, and did so, but had complained about it to the tribunal.
Last November the tribunal found Mr Kean was not guilty of professional misconduct in relation to the matter. The case centred on a letter setting out legal fees of €15,000 which Mr Kean said he had sent in August 2003 but which the Mennads said they never received.
The couple want to appeal the tribunal's decision to the High Court. Yesterday, representing themselves, they applied to the President of the High Court, Mr Justice Richard Johnson, for leave to bring the appeal outside the permitted time limits.
Barney Quirke, for Mr Kean, objected to the application to extend the time, saying it came "late in the day". Mr Justice Johnson adjourned the case for mention to April 7th, when a date will be set for the hearing of both matters - the extension of time application and the appeal against the tribunal's decision.
The judge also ordered that an interpreter be made available after Mr Mennad said his English was not very good. The judge advised him to obtain legal representation but Mr Mennad said that would not be possible. "They have cost me more than €35,000 already," he said.