Incompetent solicitor ...

[enquirer]

Here's the scenario ...

(a) Claimant is using solicitor to sue.
(b) The claimant is funded by his/her insurance company (using the legal protection part of the house insurance).

However ...

(c) The solicitor turns out to be utterly incompetent.
(d) The solicitor has been inflating the fees, charging for a partner when a student has done the work.

What to do?

What is the claimants liability, if any?
Can they just sack the solicitor and the insurance comapny has to deal with it?
If the claimant informs the insurance company of what's been going on, will they pull out and leave the claimant to fight the solicitor?

Any advice ...

[Chip Tuesday]

Re: Incompetent solicitor ...

Hi there enquirer,

This sounds like an interesting point. I'm not sure if I've got the right end of the stick here, so I'd get a second opinion, but here goes...

I'd start a complaint procedure against the lawyers in question, as the client I think that this would be your starting point (rather than contacting the insurance company asking them to claim), although I would inform the insurance company of any action taken. Like financial complaints there should be an internal complaints procedure at the solicitors, which should follow a set procedure. If you receive a final response from the solicitors which you don't agree with, or, if after 8 weeks there is not reply, you may take the problem to the newly revamped Legal Ombudsman.

http://www.legalombudsman.org.uk/

The ombudsman has some brief but useful guides on how their service works, and if their first complaint is anything to go by you're looking at a 3-4ish month turnaround on your case.

Good luck, I hope this helps.

CT