Can a solicitor ignore a request for legal assistance and a complaint?

[heisenberg]

Dear all,

I had a solicitor act for me by way of a CFA. I subsequently raised a complaint in regards to the poor service I received. The firm failed to allow me to escalate the complaint according to their own complaints policy.

Subsequently, I recently requested further legal assistance from the firm (only because I felt I had no choice). The firm just ignored all correspondence from me, even a further complaint.

I report the individual to the SRA. The SRA claim, rather curiously, that this is acceptable as I was not a 'client of the firm'. However, it seems, according to the SRA's definition of a client, this includes prospective clients.

Did the SRA get this wrong?

Sincere thanks in advance.

[Diana M]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

If you have a complaint against a solicitor instructed by you then you can escalate the complaint to the Legal Ombudsman if you're not satisfied with the way the firm has handled your complaint.

Here is how you can do that > http://www.legalombudsman.org.uk/helping-the-public/

Di

[heisenberg]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

If you have a complaint against a solicitor instructed by you then you can escalate the complaint to the Legal Ombudsman if you're not satisfied with the way the firm has handled your complaint.

Here is how you can do that > http://www.legalombudsman.org.uk/helping-the-public/

Di

Thanks. I have already referred the initial issues to LeO but have little confidence in them, hence my report to the SRA.

[nemesis45]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

Thanks. I have already referred the initial issues to LeO but have little confidence in them, hence my report to the SRA.

Does this relate to the complaints going back to mid 2015??

[heisenberg]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

Does this relate to the complaints going back to mid 2015??

No, they are all recent issues. Why do you ask?

[nemesis45]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

No, they are all recent issues. Why do you ask?

It occurred to me that you have had very large number or complaints against solicitors over a long period.
nem

[Guest]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

Thanks. I have already referred the initial issues to LeO but have little confidence in them, hence my report to the SRA.

I wonder why you felt you needed to continue using the same solicitors? You state that you have no / little confidence in them.

Perhaps using different solicitor might give you more confidence!

[heisenberg]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

I wonder why you felt you needed to continue using the same solicitors? You state that you have no / little confidence in them.

Perhaps using different solicitor might give you more confidence!

They are the only solicitors who accept instructions by way of a CFA in this area of law.

- - - Updated - - -

It occurred to me that you have had very large number or complaints against solicitors over a long period.
nem

Yes, some of them are quite unethical.

[nemesis45]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

They are the only solicitors who accept instructions by way of a CFA in this area of law.

- - - Updated - - -



Yes, some of them are quite unethical.

Were you at one time studying law?

nem

[heisenberg]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

Were you at one time studying law?

nem

- - - Updated - - -



Were you at one time studying law?

nem

No. It doesn't seem you are adding anything constructive here but merely using this thread as a platform to undermine me.

[Diana M]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

I had a solicitor act for me by way of a CFA. I subsequently raised a complaint in regards to the poor service I received.

I think you need to establish whether you suffered poor service or whether the solicitors were negligent so you suffered a financial loss.

It shouldn't matter that you were on a CFA you were still their client (under contract) and the firm had a duty of care towards you.

Maybe seek out a solicitor who specialises in professional negligence claims and ask them for advice?

Di

[heisenberg]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

I think you need to establish whether you suffered poor service or whether the solicitors were negligent so you suffered a financial loss.

It shouldn't matter that you were on a CFA you were still their client (under contract) and the firm had a duty of care towards you.

Maybe seek out a solicitor who specialises in professional negligence claims and ask them for advice?

Di

Yes, I thought about that but my worry is that the firm will refuse to act for me in the future. That said, it already seems to be the case already because I complained of poor service (but did not claim they were negligent). I suppose I need to look into that but if I or a legal representative of mine sends them a letter before action that will be the end of it.

I am waiting for the Legal Ombudsman to investigate.

[Diana M]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

I complained of poor service (but did not claim they were negligent). I suppose I need to look into that but if I or a legal representative of mine sends them a letter before action that will be the end of it.

I am waiting for the Legal Ombudsman to investigate.

See how things go with the Legal Ombudsman because their complaints procedure is free to use.

But there's no harm in seeking legal advice to discover if there is a potential professional negligence case to be made. Keep in mind the limitation period for bringing a claim.

Do you have any insurance policies such as buildings insurance or car insurance which may have Legal Expenses cover? If so you can contact them to see if they will give you some preliminary legal advice and if you have good prospects of success with a claim, your legal costs may be covered under the policy.

Just a thought.

Di

[heisenberg]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

See how things go with the Legal Ombudsman because their complaints procedure is free to use.

But there's no harm in seeking legal advice to discover if there is a potential professional negligence case to be made. Keep in mind the limitation period for bringing a claim.

Do you have any insurance policies such as buildings insurance or car insurance which may have Legal Expenses cover? If so you can contact them to see if they will give you some preliminary legal advice and if you have good prospects of success with a claim, your legal costs may be covered under the policy.

Just a thought.

Di

Thanks.

I think the limitation period is 6 years so plenty of time.

I don't have any insurance policy. I am a member of Unite the Union so am entitled to free legal advice though it is very basic and limited it seems.

[Diana M]

Re: Can a solicitor ignore a request for legal assistance and a complaint?

my worry is that the firm will refuse to act for me in the future. That said, it already seems to be the case already because I complained of poor service

I am waiting for the Legal Ombudsman to investigate.

I suppose it's not too surprising that the firm won't take instructions from you if you've made a complaint about them.

You've said that they're the only firm who could offer a CFA for the case you wish to pursue but are you sure about that?

I see you started another thread about a discrimination issue. It's not my area of knowledge but I would hope there are other firms out there which you could source.

I've looked at the Unite website and can see that they have a panel of solicitors to refer members to, so maybe one of those will be a better match for you than the last one.

https://www.unitelegalservices.org/about-us

Good luck with this.

Is it this issue? >

I had a solicitor accept a case of mine under a CFA. It was a discrimination claim.

The firm in question failed to get disclosure from the other side after sending them a letter before action (the disclosure request was treated as a subject access request which was never fulfilled).

Around 10 months passed and a working day before the deadline I received very poorly formed advice from the firm's barrister. This, understandably, left me in a very difficult position.

I am considering exploring a negligence claim but I am mindful of the fact that there are very few firms that accepts discrimination cases, brought to a County Court, on a CFA.

I am considering reporting the case to the Legal Ombudsman but they are completely hopeless and incompetent.

The problem is that if I get another firm to accept the negligence case the firm that could have been negligent will refuse to deal with me again due to a conflict of interest I suspect.

Di