Useless Solicitor Won't Apply for Court Proceedings

[Lucky4Seven]

My solicitor is useless.

He keeps quoting case law of Schmidt to my brother and other Trustee who are refusing to cooperate for Trust Accounts.

The Trust is currently sat in an ordinary bank account, so I see no issue as to why they won't download bank statements and send them across.

I've asked my solicitors repeatedly on several occasions to approach the Barrister to seek proceedings, but he is seemingly reluctant to do so.

Any advice on now what to do?

I'm very worried my brother could be embezzling the fund, and my solicitor is refusing to cooperate to apply for the proceedings.

[atticus]

Is it Schmidt v Rosewood Trust Limited?

You may of course ask for the reasons for the reluctance. I have the impression that Counsel's advice may be that the action you would like to take does not have sufficiently strong prospects of success.

[Lucky4Seven]

Is it Schmidt v Rosewood Trust Limited?

You may of course ask for the reasons for the reluctance. I have the impression that Counsel's advice may be that the action you would like to take does not have sufficiently strong prospects of success.

The Trustees won't hand the bank statements over, and all my solicitor keeps doing is quoting Schmidt caselaw.

I'm worried my brother is embezzling the fund for his lifestyle, he did my himself a 20K Ducati motorbike and a 330K plus brand new car appeared soon after, plus he's been spending thousand doing our late mother's property up.

How on earth am I supposed to see what state the fund is in if we can't get the proceedings?

[atticus]

Like I said - You may of course ask for the reasons for the reluctance. I have the impression that Counsel's advice may be that the action you would like to take does not have sufficiently strong prospects of success.

[Lucky4Seven]

[QUOTE=Lucky4Seven;n1661149]

Yes, I believe that's the caselaw my solicitor keeps quoting, but yet won't apply to the Courts for proceedings.

My fear is that my brother has embezzeld the fund and thats why he won't hand the bank statements over for the Trust.

He had bought himself a £20K Ducati motorbike, a £30K plus new car appeared soon after that, and I'm aware he's been spending thousands doing up my late mother's house.

If the Trustees haven't cooperated for theAccounts for nearly 3 years, keep quoting caselaw won't solve the dispute unless the Court proceedings are applied for.

I have asked my solicitor repeatedly to apply for the proceedings, he's not listening to my concerns that the brother might have spent Trust monies on himself.

[atticus]

Have you actually asked for the reasons for the reluctance?

[Lucky4Seven]

Have you actually asked for the reasons for the reluctance?

Not yet, but I might have to in due course if he keeps refusing to go back to Barrister.

Its pointless keep quoting caselaw if its not going to achieve anything.