My file requested from my solicitors

[paddyhaig]

I requested my file from my former solicitors and they ignored my request. I had to stop using them for my legal issues as they had become very difficult and had started to exhibit a lack of integrity concerning my interests. They were paid in full for what I considered diabolically poor service. I then communicated with another solicitor who offered to help me. He requested my file from them sending them a letter that I had to sign. He evidently received the file (Which had been kept apparently in digital format). After receiving it, he didn't seem all that interested in helping me. I sent an email to my new solicitor requesting that he send the file to me. He has also has ignored my request. Do I have a legal right to the file pertaining to my case supposedly generated my first solicitor who was acting as my POA in a contested probate case? I would like a copy of this file. If anything just to see what the solicitors wrote about me. I need to check it for it's content. As the former solicitors would rather I came back to them begging cap in hand for their service. They had played this game with me already.

[stevemLS]

Re: My file requested from my solicitors

Yes you have the right to your file, providing there are no fees outstanding.

[MissFM]

Re: My file requested from my solicitors

Hi Paddyhaig & to LB,

Steve is correct, although it's not as completely straightforward as one might imagine.

See here:

http://www.lawsociety.org.uk/support...wills-probate/

If you haven't done so, you must make a formal complaint to the solicitor in question. Write to the Managing Partner, head the letter "Formal Complaint", requiring him to implement their complaints procedure at no cost to you.

List your complaints and the required redress (presumably the immediate release of your files).

They have 8 weeks to provide a satisfactory response, in the absence of which you can take it to the Legal Ombudsman.

See here (follow links) for timescales, criteria and procedure:

http://www.legalombudsman.org.uk/hel...-public/legal/

HTH x

[paddyhaig]

Re: My file requested from my solicitors

Hi Paddyhaig & to LB,

Steve is correct, although it's not as completely straightforward as one might imagine.

See here:

http://www.lawsociety.org.uk/support...wills-probate/

If you haven't done so, you must make a formal complaint to the solicitor in question. Write to the Managing Partner, head the letter "Formal Complaint", requiring him to implement their complaints procedure at no cost to you.

List your complaints and the required redress (presumably the immediate release of your files).

They have 8 weeks to provide a satisfactory response, in the absence of which you can take it to the Legal Ombudsman.

See here (follow links) for timescales, criteria and procedure:

http://www.legalombudsman.org.uk/hel...-public/legal/

HTH x

Thank you so very much for your input both StevemLS and MissFM.
I am so at my wits end with this affair it's been going on for 20 months now.
The is property that should part belong to me rotting away and loosing value due to the procrastinating of the solicitors.
And my faith in the British legal system is at an all time low. I'm scared to even hire a solicitor now.
To get to the point. The files I would like to see are documents generated by the solicitors that I hired to act as my POA in respects to the estate of my late mother (Who died Intestate). The are now three law firms involved. The primary firm that is handling the probate (Who is quite uncommunicative) The are the solicitors that I hired to act as my POA who also seemed to be quite difficult to communicate with and I found to be rather lacking in integrity after working with them (Hence the trust factor breaking down). (Another solicitor said they were running the meter without going anywhere). And finally the are my brothers personal solicitors that I have had no communication with.
My faith in my POA solicitors dwindled early in our relationship due to certain factors of disrespect being displayed by their service. However I kept them on, as they were signed as my POA in regards to the 'Letters of administration' being issued by the probate office.
I was stuck with them and their service went from bad to worse. In the end I informed them that I needed to seek additional legal guidance else where, this they apparently where quite offended by. And considered my revoking of instructions. They were paid. And I asked for my file. They didn't reply to my request. I got in communication with another solicitor and he requested my file from my former POA solicitors after obtaining a signed request document from me. He seemed quite interested in helping me until he took receipt of my file. I asked him for the file to be shared with me. He also has not replied to my request. So I don't know what is or has been said about me. That would cause such a change in tune. I'm not sure if this file is considered directly associated with the probate, as that information would be held with the probate solicitors. The information I wish for is the file generated by the solicitors acting as my Power Of Attorney. I would reallylike to see this file in it's entirety. As it is, I didn't hire the second solicitor that seemed to change his tune after receiving my file. Although it's his copy, I would like to see most. Is the anyway I can legally force him to send it to me. As I said earlier it's just a digital file, that could easily be emailed to me as an attachment. I'm scared that he will try and ask for an exuberant sum of money otherwise. Again, thank you for any help you might offer.

[MissFM]

Re: My file requested from my solicitors

I'm so sorry - it sounds exceptionally frustrating.

The LoS will only investigate when you have exhausted the official complaints procedure of the "service provider" in question - which is why you would be wise to instigate a formal complaint with the solicitor(s) sooner rather than later.

They will be aware that the clock has started ticking (do mention that in your complaint). Solicitors dislike being investigated by the LoS as it takes time for which they can't charge and costs them money, whatever the outcome.

So - take a deep breath, sort the wheat from the chaff and follow the complaints procedure as prescribed in the solicitors' T&C's - if necessary with more than one of those with whom you are disatisfied. List your complaints and what you need to happen in redress clearly and succinctly.

As said, they have up to 8 weeks to provide a satisfactory response. Who knows, the thought of the Los might galvanise them into pulling their finger out swiftly!

Good luck x

[paddyhaig]

Re: My file requested from my solicitors

I just wrote a long reply and somehow deleted it on the last line :-( Here is my sadly more terse response. Again MissFM thank you very much for your input.
Basically I have already tried the Legal Ombudsman in reference to my POA attorney. The Legal Ombudsman seemed to be more a buffer to collect as much info from me and then to furnish the Solicitor with that info allowing the solicitor time to craft and fabricate an excuse. Also in taking that option you also loose your right to further privately sue the solicitor. It seems that it is designed more for the solicitors protection than the clients.
I may start another forum about my Legal Ombudsman experience and my thoughts on its process and policies and how they do not serve the client fairly.
You might as I was, be offered a small token payment in lieu of loosing you right to further legal action as I was. Further legal action that may devastate the solicitors reputation and quite possibly cause great financial upset. I believe the Legal Ombudsman and the Internal complaints resolution option to be a farce as it forces me to play all my cards face up. A very clever and successful young man once told me that when it comes to hiring lawyers you can go one of two routes. Hire a very smart and driven lawyer that you know and trust if your lucky enough to know one. Or hire a cheap lawyer and see if you can represent yourself through them although you will have to do all the leg work. That's what I'm doing now. The leg work. :-) Running to the assistance of the wonderfully knowledgeable people of the legal forums and reading whatever I can that might help. Now what would be ideal, is if I got a good solicitor and I had done a great deal of the research for them. But I'm not counting on that as I've already been given the run around twice by trusting solicitors. I'm not trying to insult anyone. But let's just say I'm now solicitor shy.