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Has my Solicitor lost interest in my claim?

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  • Has my Solicitor lost interest in my claim?

    Starting 2 plus years ago, I have a solicitor who is meant to be taking a claim forward for me of Disability Discrimination against an organization who is covered by the Equality Rights Act and who alsdo has a Public Equality Duty.

    The Solicitor is working on a No Win No Fee basis and I cannot say much more than that as the claim is still live (as far as I know).

    I am in my early 60’s (not that really matters), I do have disability’s that are protected by the Equality act which affect every part of my life that I have had from birth and they have been clearly and knowingly breached by the organization on a growing number of on-going occasions.

    The Solicitor, who specializes in Disability law and claims, valued the claim as, what to me, is a high figure in the middle of the middle Vento Band so it is not as though it is a small claim, well it is not to me.

    The Solicitor informed me that he/she had prior experience of the organization and has acted for previous clients against it and held a very low opinion of it. The Solicitor was scathing of how I was, and continue to be, treated and said he/she was very keen and determined to obtain a positive outcome in my favour. Such an outcome would have benefits for others who also were or are being treated in the same way and that part of my case is the MOST important to me.

    While the financial compensation is the penalty, however the real reward that I want is an full apoligy and change within said organisation so that are unable to treat others in the same way because we know that they do.

    I was instructed by the Solicitor to keep him/her informed of anything and everything that happens in respect of the organization no matter how small it may seem, diarys, videos and photographs so that is what I did.

    For the first year the Solicitor was very supportive, told me he/she would always be available by phone, that I should not hesitate to call and so on. I was provided with a copy of every letter sent out for my proof reading and approval, and a copy of any reply’s that were received.

    Then it all seemed to stop at the biggening of this year, emails I sent were not even acknowledge, voice mails unanswered and out of the blue a curt letter telling me that as the discrimination department needed to be "scaled up" it had been arranged that it, together with my solicitor, was moving to a different firm of Solicitors. The letter said I could choose to change to a different solicitor of my choice or I could remain with my current one and the No Win No Fee and case would be transferred over to the new firm.

    As this Solicitor had already been acting for me for a year and I thought were had a good client/solicitor relationship, I chose to stay with him/her. Plus it had taken me nearly six months to find the appropiate representation and I with everything that is happening, I do not know if I can face doing again.

    With the exception of two emails from him/her, I have heard nothing since the move to this new firm. My emails, even when I needed a reply, were not even acknowledged (14 or 15 now and counting), voice messages left have not been replied to.
    I know that my case was previously lodged by my Solicitor with the courts twice to protect my position (?) but this has since been allowed to lapse despite me asking my Solicitor about it.

    An initial letter of claim was sent within weeks of the Solicitor accepting my instructions, the defendant made excuses to not reply but Solicitor chased and pushed them, defendant finially replied offering a VERY small settlemnt if I agreed to a gagging clause which we rejected. Defendant also stated it would not negotiate and ignored the (court apprpoved) offer of a mutually agreed 3rd party dispute resolution. In the same letter the defendant requested specific disclosure from me and in our reply that was provided. We in turn asked for certain documents/disclosure that the defendant **claims** to hold and by the court rules (as far as I understand) they must disclose them but they have not. This was all in late 2021 and middle of 2022.

    Since then nothing has been done by the solicitor that I know of and I have written to the Solicitor (13 times and counting) asking if he/she had chased the organization for the disclosure but these have gone unanswered, in fact the Solicitor does not even acknowledge my emails.

    I have had no further copies of any letters sent by the Solicitor chasing the defendant (the organization is refusing to engage) and I am finding it very hard to trust that the Solicitor is acting in my best interests. He/she is not responding in any way and I do not know what to do, I just feel abandoned.

    Yes, I could raise a complaint with the Legal Firm but I feel if I do that would be the end and I would then have to try and find a new disabilities specialist Solicitor but there are very few as it is a specialist area of the law. There are even less (make that none) who are taking on new cases especially under No Win No Fees.

    Am I being foolish and/or unreasonable because I really do not know, I just do not know what to think?
    Tags: None

  • #2
    Surely you can write a concerned letter to the Head of Department. Something that falls short of a complaint but from which he or she will realise that this needs to be looked at before it escalates into a full blown complaint.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Surely you can write a concerned letter to the Head of Department. Something that falls short of a complaint but from which he or she will realise that this needs to be looked at before it escalates into a full blown complaint.
      Hi Atticus and thank you for your reply.

      My Solicitor is the head of the disabilites and human rights department.

      If I were to write such a letter, do you think that I am being foolish or, based on my description, would it be reasonable?

      Comment


      • #4
        Not foolish, IMO. Does the client care letter give you the name of a person with whom you can raise concerns?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Not foolish, IMO. Does the client care letter give you the name of a person with whom you can raise concerns?
          Thank you for your continued replies.

          I do not remember receiving a Customer Care letter when the Solicitor moved to the new firm.

          I know I had to sign a letter on Novation which stated that matters would proceed on the same CFA terms as the original firm
          but I will check the emails as everything was done digitally using a secure email service.

          I will check the emails and see.

          Comment

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