Changing solicitor

[MickCBR]

Hi, I currently having issues with the solicitor who is dealing with my RTC case. Basically he has misleading me for 6 months regarding an issue with my medical reports, I have issued a SAR for the info on what he has been doing on the reports issue. He has not taken lightly to this & wants me to drop the SAR saying this is no way to get information from a solicitor.
He also says it will be very difficult for me to get a replacement solicitor to carry the case forward,
Any suggestions on my next move.

[atticus]

what is the fee arrangement? Have you retained the solicitor on a CFA ("no win, no fee")?

[MickCBR]

I have 3 medical reports which contain claims in hospital notes I removed a cast from my arm & missed follow up appointments to have the broken bones fixed with plates etc. As a result the injury has healed in a misaligned dislocated position,
The hospital who made the claims have since apologised for these in a report following a complaint i made.
The solicitor seems to be refusing to have the reports amended & is pushing me to sign them for disclosure as is.
He claims he has trying to have these amended for the past 6 months.
The reason for the SAR is to se e evidence of this. No proof forwarded of this despite numerous requests.


Please supply the personal data you hold about me, which I am entitled to receive under data protection law as requested below.

• emails & information shared between Barrister A & Solicitor A regarding the case for compensation you are dealing with regarding myself from ( SEPTEMBER 2021 to APRIL 2022)
• emails & phone calls between A Solicitors & 3 Consultants regarding their medical reports in connection with my case from ( SEPTEMBER 2021 to April 2022)
• All details on how this case is to be funded & all charges & costs you will be applying.

His reply below:


Dear Sir
This is a most unusual request to make to your own solicitor. Clearly, it is a pro forma document. It is equally clear that you are not interested in following legal advice.You are not acting in your best interests; you have an option to have your costs paid by the 3rd party insurance company, who wish to settle your case, and yet you reject that opportunity.
Unless we can resolve matters, and I hope we can, then you will have to try to get a 4th solicitor, which will be almost impossible as all the costs are already accounted for, and you will have to pay any new solicitor yourself. You will also have to discharge my fees , and potentially those of the 2 other firms as well before your file is released. You will also have to discharge all outlay.
Kindly consider your approach.I am happy to resolve matters and settle your case, but you must take a different attitude to the advice you are being given.

[atticus]

Its not a no win no fee case.

Then the solicitor may well be entitled to exercise a lien on the files until all outstanding fees and disbursements (and VAT) are paid.

[MickCBR]

Then the solicitor may well be entitled to exercise a lien on the files until all outstanding fees and disbursements (and VAT) are paid.

That's fair enough, I've no problem with that.
The issue lies with the claims he has been trying to have my medical reports amended. He has not produced any evidence of this. Hence the SAR.
These reports not getting amended is the only thing holding this case up.
He's been stringing me along & I believe in order to settle early with medical reports which damage my case in their current form.
This does not have to be if he had tried to alter the reports.

[atticus]

Sorry, I understood this thread to be about changing solicitor.

[MickCBR]

Sorry, I understood this thread to be about changing solicitor.

Sorry if you cannot understand this thread to be about 'changing solicitor' The solicitor has brought the subject up regarding 'changing a solicitor' even though I did not instigate such a suggestion. This arose when I requested information in the form of a SAR. I found his response very odd & was asking for advice/suggestions to his reply.