Failure of Solicitor

[wales01man]

Re: Failure of Solicitor

As i always say on here speak to him and ask what happened may be a good reason but still the solicitor could have contacted the client

[CleverClogs]

Re: Failure of Solicitor

Was the solicitor inebriated when he agreed to take on the case?

[wales01man]

Re: Failure of Solicitor

More to the point was he driving after drinking?sure we can find someone who can represent him if they turn up

[Eloise01]

Re: Failure of Solicitor

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

Exactly the same thing because this is the correct process for making a complaint about a solicitor!

[jon1965]

Re: Failure of Solicitor

Thank you all for your input.
Getting to actually see him will be difficult (and the bugger would probably charge!) but I will advise as Eloise and others suggest. Find out why and take it from there.

I will go to my grave maintaining that just because someone does something wrong that does not automatically make them a bad person

[jon1965]

Re: Failure of Solicitor

Exactly the same thing because this is the correct process for making a complaint about a solicitor!

Thank you Eloise, that was what I was trying to find out.

[pt2537]

Re: Failure of Solicitor

Not an SRA matter imho, its a solicitor client issue, thus would be for the Legal Ombudsman to deal with as the client recieved poor service.

I would advise him to complain to the complaints partner at the firm, follow the firms complaints procedure and if unsatisfied then off to the ombudsman service.

[EXC]

Re: Failure of Solicitor

Not an SRA matter imho, its a solicitor client issue, thus would be for the Legal Ombudsman to deal with as the client recieved poor service.

You're right. Having just reported a solicitor to SRA (for conduct issues) you'd of thought I would have got it right.

[Eloise01]

Re: Failure of Solicitor

Not an SRA matter imho, its a solicitor client issue, thus would be for the Legal Ombudsman to deal with as the client recieved poor service.

I would advise him to complain to the complaints partner at the firm, follow the firms complaints procedure and if unsatisfied then off to the ombudsman service.

I would agree this is possible as a route. It does depend on what the solicitors argument is, doesn't it?

Unfortunately we are working on a third party piece of information. One thing I did note was the statement that the solicitor wasn't getting paid. Which if he didn't turn up is quite right. But we don't know that some payment up front wasn't required - that is common in some practices. The "here's what we will do, here's what it will cost, now pay up to retain us " approach.

Without some form of explanation from the practice, it's hard to be certain there is even a legitimate complaint. With the best will in the world to the OP who is trying to help his friend - and hence I was easygoing on the whole drunk driver thing because I'll be the first to admit I'd lock them up and throw away the keys! - we only have a third party version of what actually happened.

[pt2537]

Re: Failure of Solicitor

I would agree this is possible as a route. It does depend on what the solicitors argument is, doesn't it?

Unfortunately we are working on a third party piece of information. One thing I did note was the statement that the solicitor wasn't getting paid. Which if he didn't turn up is quite right. But we don't know that some payment up front wasn't required - that is common in some practices. The "here's what we will do, here's what it will cost, now pay up to retain us " approach.

Without some form of explanation from the practice, it's hard to be certain there is even a legitimate complaint. With the best will in the world to the OP who is trying to help his friend - and hence I was easygoing on the whole drunk driver thing because I'll be the first to admit I'd lock them up and throw away the keys! - we only have a third party version of what actually happened.

Of course, and the LO would want to see the details of any retainer in place.

I agree though it is very difficult to advise when there is a sketchy at best third party version of the events to work on. But the starting point needs to be a complaint to the practice, that will give them the opportunity to reply to the complaint, and hopefully we will then get their side of the story too.

As for drink drivers, i wouldnt represent one, i dont have it in me im afraid, i lost a good mate to a DD when i was out with him on a motorcycle, he died in front of me, anyway thats another story.

[jon1965]

Re: Failure of Solicitor

Thanks PT that will be the advice I will follow. As you say this is third party but I can assure you that this is as true as it can be as I saw the letter from the solicitors and he is probably one of my two closest friends. I personally think it is also a disgrace that his partner has taken zero responsibility and has given zero support

There was no pleading or pretence at innocence. he was purely so terrified of the court process he wanted someone to guide him through it.
Eloise, with respect , this is exactly why there are guidelines so that the sentences are objective and not subjective. I have learnt from bitter experience that some magistrates are so far up their own ***** that they need a guiding hand.

[Eloise01]

Re: Failure of Solicitor

Of course, and the LO would want to see the details of any retainer in place.

I agree though it is very difficult to advise when there is a sketchy at best third party version of the events to work on. But the starting point needs to be a complaint to the practice, that will give them the opportunity to reply to the complaint, and hopefully we will then get their side of the story too.

As for drink drivers, i wouldnt represent one, i dont have it in me im afraid, i lost a good mate to a DD when i was out with him on a motorcycle, he died in front of me, anyway thats another story.

I agree on all points.

Unfortunately, in this country, drunk driving is still considered a minor problem, and society generally deplores it whilst simultaneously doing it. Everyone " knows their limit", so they conveniently forget that what they think and what the law thinks are not the same. And if people couldn't conveniently wriggle out of the consequences by claiming they need their licence to work ( who doesn't?) then they might take the law more seriously.

[Eloise01]

Re: Failure of Solicitor

Thanks PT that will be the advice I will follow. As you say this is third party but I can assure you that this is as true as it can be as I saw the letter from the solicitors and he is probably one of my two closest friends. I personally think it is also a disgrace that his partner has taken zero responsibility and has given zero support

There was no pleading or pretence at innocence. he was purely so terrified of the court process he wanted someone to guide him through it.
Eloise, with respect , this is exactly why there are guidelines so that the sentences are objective and not subjective. I have learnt from bitter experience that some magistrates are so far up their own ***** that they need a guiding hand.

Whether you consider risking other people's lives subjective or objective really depends on whether you think that other people's lives are important. When you drink and drive you are choosing to risk other people's lives who had no choice in the matter. If you want to risk your own life, there is Russian roulette. When you get behind the wheel of a car, it's someone elses life you are playing with.

[PlanB]

Re: Failure of Solicitor

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 . . . .

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.

The solicitor should have made an "attendance note" of what was agreed between them for the file even if this was arranged over the phone.

Here's how to contact the Legal Ombudsman which your friend can do now for advice on how to make a formal complaint to the firm. There's an example letter and tips on what to expect in the way of service levels from a solicitor. I recently found the LOS very helpful, neutral, impartial and objective with a problem I had

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

The issue is whether the solicitor carried out the work he said he would carry out and not whether your friend should have been driving whilst over the alcohol legal limit.

[Sapphire]

Re: Failure of Solicitor

Jon you say the following 'I personally think it is also a disgrace that his partner has taken zero responsibility and has given zero support', but you don't indicate whether the partner is of the business kind or the relationship kind, I'm not sure it makes a difference but I'd like to know please.

Following on from what the others are saying about DD I personally think that the only way forward is a zero alcohol limit, that way that cuts out the argument that 'I only had one officer', plus instant ban & hefty fine for first offence, imprisonment for second and more times.

I was in an accident with my parents when I was 14 years old, both my parents were fine, I went from the back seat of the car through the windscreen and sustained facial injuries, I now have a new nose, chin, cheek bones and my front teeth grew crooked, I had to have years of dental work and now have straight front teeth, the girl in the other car had a broken leg and the drunk driver walked away.