Failure of Solicitor

[jon1965]

Hi
Yesterday a good friend of mine was in court on a drink drive charge ...yes I know and I do feel the same...however he has a right to be treated as fairly as anyone else. He genuinely had no intention of driving that night, it was a friends car who then asked him to drive..

He is a S.A. national who is running his own small business over here for which he really does need to drive. He has employed someone to do the driving for him but I have my doubts as to if the business can survive with this extra cost long term.

Anyway, he consulted a solicitor who agreed to represent him at court for a fee of £350+Vat, all this is documented with a skeleton mitigation.

The solicitor failed to show up yesterday with no phone call or anything, the guidelines were for 17-22 months ban and he was mid range. When asked if driving would effect his ability to earn a living, like a prat and in his anxious state he replied "there are other ways to get around"

He was given 20 months disqualification and a fine

My question is what if any comeback does he have on his solicitor for his failure to show and is there any chance or realistic possibility of having the penalty reduced.
I think it is a disgrace that a solicitor agrees to turn up in court and fails to do so without explanation...needless to say he can go and whistle for his money

[wales01man]

Re: Failure of Solicitor

Away from the solicitor side of it he got what he deserved 20 months ban easy he could have killed someone

[Sapphire]

Re: Failure of Solicitor

He would have been better off getting a duty solicitor at the court, or even better not drinking or driving in the first place.

Re the first solicitor, I'd be inclined to pay him a visit and ask where he was.

[Inca]

Re: Failure of Solicitor

Maybe the solicitor had another case that he stood a chance of winning? I'd go and ask him,politely.

[jon1965]

Re: Failure of Solicitor

I wasn't asking for judgement on what he did, I was asking for what redress he has on the solicitor.

I do not condone DD but in this instance get off your moral high horse...he who is without sin etc etc.

The problem was he did not know how the legal system worked and had faith in his solicitor therefore he was disadvantaged

[Sapphire]

Re: Failure of Solicitor

I really do think that in this instance he should visit the solicitor and ask why he/she let him down, once your friend gets an explanation then a plan can be formulated from there.

[Eloise01]

Re: Failure of Solicitor

Away from the solicitor side of it he got what he deserved 20 months ban easy he could have killed someone

As someone whose husband was killed by a drunk driver I think he got off lightly. He knew that he needed his licence for his business so I do not accept that as a good reason to leave him on the road after he made a decision to drink and drive. Nor does the fact that he wasn't intending to drive mitigate the fact that he made a decision to.

I accept that the solicitor should have been there if he said he would be, or arranged for a suitable replacement, so I do feel a complaint to the solicitor and after that to the SRA if he isn't staified is in order. But as for the sentence, I think he deserves it.

[Eloise01]

Re: Failure of Solicitor

The problem was he did not know how the legal system worked and had faith in his solicitor therefore he was disadvantaged

Ignorance of the legal system is not an argument that something is unfair, and he wasn't ignorant of the law that he broke was he - he knew he was risking his driving licence and therefore his business, but preferred not to leave the car where it was and get a cab? I have faith that people don't get behind the wheel drunk. Looks like me and him were both disappointed.

[enquirer]

Re: Failure of Solicitor

My question is what if any comeback does he have on his solicitor for his failure to show and is there any chance or realistic possibility of having the penalty reduced.

For any comeback, he would have to show that had the solicitor been there the penalty would definately have been lower. He can't, so the answer is No.

I think it is a disgrace that a solicitor agrees to turn up in court and fails to do so without explanation...needless to say he can go and whistle for his money

Don't be surprised if the creep still sends a bill ... and then follows it up with threats of court action if it isn't paid!

[jon1965]

Re: Failure of Solicitor

As I wasn't there I can not say that the sentence would have been any lower if the solicitor had been there. It is certain that a ban is in order.
What makes me so angry is that a so called professional, a partner in a reasonably sized local firm of solicitors, undertook to represent him and failed miserably. I think a phone call or letter to the firm is in order possibly followed by a complaint to the SRA.

The other thing that has really annoyed me is the finger pointing and judgemental comments made by people on this so called non judgemental site. Frankly it is something I would expect on other sites such as Cag or MSE .

It is no excuse that he did not intend to drive , however as well all know, and the reason for drink drive laws is that alcohol impairs judgement and when it is your partner who asks you drive it is even more complicated.

It was actually the CPS solicitor who was of most help, and who said do not pay him.

The firm in question is LDJ solicitors in Nuneaton. Their failure to attend is a fact

[Eloise01]

Re: Failure of Solicitor

I agree as to the solicitor. He should have ensured that representation was available if he agreed to do so. However I see nothing at all complicated about the drink drive laws - if you have been drinking, do not drive. If you have been drinking and your partner asks you to drive, do not drive. Simples!

[wales01man]

Re: Failure of Solicitor

Jon read Eloise,s post about her husband think if it was you family member killed by a drunken idiot driver no excuse i will be judgemental i drive but i dont drink at all i have seen the pain it causes,if you have read posts on here before you know the way most feel about people like your friend

[EXC]

Re: Failure of Solicitor

I would take Eloise's advice and in the first instance complain to the solicitor and then to the SRA should it be necessary.

[enaid]

Re: Failure of Solicitor

If you took the offence out of the picture what would people advise?

[Inca]

Re: Failure of Solicitor

I'd still say go and ask him.