Failure of Solicitor

[jon1965]

Re: Failure of Solicitor

And that is exactly why I do not trust the legal profession as they twist the words to suit their own needs. No offence PT , to every rule there is an exception.
Eloise , very understandably you have particularly strong opinions on Drink Drive however the law sets down the guidelines so that whatever the offence there is a consistency in punishment.
Maybe incorrectly the actual limit is different for everyone, depending on a variety of factors, height weight metabolism etc. I was always given to believe that for an average man(whatever that is) the limit was about 1 1/2 pints or 3 units of alcohol...two very different things.
As it happens many people can do their job without having to drive, my partner for example, Alan Sugar being another. I suspect that many lawyers do not need their cars either judging by the number I see on the trains into and out of Birmingham. We do not have a car and yes it can be inconvenient at times but we manage quite well.
In this case it is not just about doing his job, it is about employment for others as well. No one was or is asking that a ban was not enforced. That is the law and all I ask is that it be used in an even handed way.

The whole thread was about what was the best way to deal with a solicitor who acted unprofessionally.

[PlanB]

Re: Failure of Solicitor

The whole thread was about what was the best way to deal with a solicitor who acted unprofessionally.

Even murderers are entitled to legal representation in court "in the interests of justice". If not there would be a lot of over-paid criminal barristers out of work :rolleyes2:

[Eloise01]

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.

I am so sorry for you - that would have been very painful surgery and an awful amount of pyschological damage at an age when appearance is very important. I am with you 100% on zero tolerance. The sad fact is that the other driver walked away in my case too - my husband never, ever, drank alcohol - whether driving or not.

I'm not blaming Jon for his friend - I blame society. If the story had been "high on heroin" people would think very differently. Because alcohol is legal people simply do not take the consequences of drinking seriously. I wouldn't suggest banning it - prohibition has never been successful, whatever it is you try to ban. But zero tolerance is a viable alternative, The driver who killed my husband was actually already banned, had multiple convictions for drink driving most of which he had "got off" by neeing his licence for work. Eventually they banned him and that still didn't stop him getting in a car without a licence or insurance whilst drunk. And Jon, if your friend thinks he was hard done to - it's three years - half that with good behaviour - to kill someone. Losing your licence is a small price to pay if he learns the lesson before someone else pays the price.

[jon1965]

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.

The partner is of the personal kind and as long as my friend is happy with his partner who am I to interfere.
Zero tolerance.....difficult question...how do we know that we have a zero reading unless we never drink or never drive and how do we know that their is no alcohol in food or drink that we consume.
As far as I am aware it is an automatic ban and decent sized fine for anyone caught being over the limit and i would not disagree with that. I suspect we all know of someone who has been hurt or killed through drink driving just as we probably all know of someone who has been killed through teenage driving.

[PlanB]

Re: Failure of Solicitor

At the risk of making myself exceedingly unpopular :doggieyes: here's how your friend can appeal a drink driving ban which is one of the questions you asked:

http://www.drivingban.co.uk/drivingb...vingappeal.htm

I'm gone :bolt:

[Sapphire]

Re: Failure of Solicitor

I'd like to apologise to Jon for hijacking this thread, and I would like to thank Jon for starting it, we are having a most interesting discussion on DD, thank you Jon for your patience.

[PlanB]

Re: Failure of Solicitor

I would like to thank Jon for starting it, we are having a most interesting discussion on DD, thank you Jon for your patience.

I am also the victim of a drink driver. I went through the windscreen of my car in a no-fault accident in the 70s before Jimmy Savile told me to *clunk click every trip* with my seatbelt. I now have a fringe so the scar is well hidden.

I started to train as a lawyer in my youth but I threw in the towel when my tutor said that a good lawyer "can change sides at any time" :scared: No way. I can only fight for what I feel is just or unjust.

[jon1965]

Re: Failure of Solicitor

Plan B thanks for the link. I do not know how the ethics standards go on this but there are many lawyers who will not defend someone who they know is guilty but will represent them.

Sapphire no worries about hijacking the thread, to be honest I probably made a mistake by mentioning the charge as to start with we got judgement but hey ho. Thanks to PT and Eloise I am asking my friend to scan and email me the letter just to make 100% sure I do not say anything that can be contradicted and then look at drafting a letter for him.

As for appeal.....part of me wants to suggest he does and that is because he is a friend, however I am not sure I can. I will probably give him the link so he can decide

[enaid]

Re: Failure of Solicitor

I'd like to apologise to Jon for hijacking this thread, and I would like to thank Jon for starting it, we are having a most interesting discussion on DD, thank you Jon for your patience.

I am glad you said that, this was the reason I asked what would the advice be if the offence was not stated. I knew it was going on to be a debate as it did lol. The answer was there though somewhere for jon thankfully.

[jon1965]

Re: Failure of Solicitor

Well just to let you all know, I have got the copy of the letter from LDJ where it says that he will meet him at the court on the day and if he could bring both parts of his driving licence and the payment. there is no ambiguity.

Letter written and emailed to the senior partner (confirmed with the firm that it is the senior partner that handles complaints)

[Sapphire]

Re: Failure of Solicitor

Nice one, please keep us informed as to how it goes.

[FlamingParrot]

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

Indeed, the fact is, even serial killers are entitled to legal representation and to have their day in court. Some people have managed to get away with murder, quite literally, thanks to a technicality, brought to light by a shrewd defence lawyer. If murderers get legal representation, so should drunk drivers, regardless of what we think about their actions, this is one crucial difference between our civilised society and the lynchings and witch-hunts of medieval times.

[FlamingParrot]

Re: Failure of Solicitor

Even murderers are entitled to legal representation in court "in the interests of justice". If not there would be a lot of over-paid criminal barristers out of work :rolleyes2:

Looks like we are on the same page, :tea:I replied to Jon's post saying pretty much the same before reading this post. :yo:

[Eloise01]

Re: Failure of Solicitor

Indeed, the fact is, even serial killers are entitled to legal representation and to have their day in court. Some people have managed to get away with murder, quite literally, thanks to a technicality, brought to light by a shrewd defence lawyer. If murderers get legal representation, so should drunk drivers, regardless of what we think about their actions, this is one crucial difference between our civilised society and the lynchings and witch-hunts of medieval times.

Indeed - which is why people gave advice despite not agreeing with the crime! Jon1965 may not have liked "the finger pointing and judgemental comments made by people" - but that is tough. This is a public site and nobody has to agree with, support or like the "crime", and they have a perfect right to say so. But the measure of the site is that we still gave advice whether we liked it or not. Absolutely nobody said that this person shouldn't have got legal representation. Quite the contrary - we agreed that if a lawyer had contracted to attend then that is exactly what they should have done.

[easylawuk]

Re: Failure of Solicitor

The most common reason for a complaint was costs. the solicitor did not provide a proper explanation or estimate of costs.