Previous solicitor keeps withholding my file of papers - why!?

[Spellkaster]

In July 2010, I had to find a solicitor to help defend against receiving proceedings from the local council.

The solicitor's fees were paid for by my father in September 2010.

There are no legal fees outstanding.

I have made various attempts without success to obtain a complete copy of my file of papers as I am looking into making a claim against the firm for professional negligence.

I wrote to the firm back in April 2013 asking for a copy of my file, they never replied and basically ignored the letter (I have copy of the said letter).

I have made several calls this week to again obtain the file, they keep fobbing me off saying the lady who deals with it is not in the office each time I ring.

As there are no fees outstanding and therefore the file is mine legally, they have no reason to withold the file.

Is there anything I can do to get my papers!?

Thanks.

[EXC]

Re: Previous solicitor keeps withholding my file of papers - why!?

If you've not already done so make a formal complaint (and threaten to take it to the Legal Ombudsman) and if it's not resolved in 8 weeks you can take it to the Legal Ombudsman http://www.legalombudsman.org.uk/consumer/index.html

[Spellkaster]

Re: Previous solicitor keeps withholding my file of papers - why!?

Legal Ombudsman are a waste of space.

I reported the same firm to them for poor service and the fact I lost going to court on their advice!!

Legal Ombudsman sided with the firm saying the aint done nothing wrong!!!

Dont know what I am supposed to do when Legal Omubdsman wont deal with them!!

[IanM]

Re: Previous solicitor keeps withholding my file of papers - why!?

Legal Ombudsman are a waste of space.

I reported the same firm to them for poor service and the fact I lost going to court on their advice!!

Legal Ombudsman sided with the firm saying the aint done nothing wrong!!!

Dont know what I am supposed to do when Legal Omubdsman wont deal with them!!

The legal ombudsman are a complete waste of time that needs closing down and replacing with something that will actually do their job and not provide protection for incompetent and criminal solicitors. The problem nowadays is that there are too many bent solicitors in practice and if they were all investigated the legal system would collapse!

Have you written to the firm of solicitors to ask for the file?

If so, contact the ICO and send them a copy of your letter plus the solicitors response and they should be able to help you.

Solicitors only refuse to release your files if they know the files will incriminate them in negligence or criminal investigations so keep pushing for your file.

[MissFM]

Re: Previous solicitor keeps withholding my file of papers - why!?

Any help? The implication being that the solicitor must release the files and if he doesn't it's enforceable through the high court?

http://www.legalfutures.co.uk/regulation/solicitors/leo-to-show-its-claws-with-high-court-order-forcing-solicitor-to-comply

[EXC]

Re: Previous solicitor keeps withholding my file of papers - why!?

Legal Ombudsman are a waste of space.

I reported the same firm to them for poor service and the fact I lost going to court on their advice!!

Legal Ombudsman sided with the firm saying the aint done nothing wrong!!!

Dont know what I am supposed to do when Legal Omubdsman wont deal with them!!

Regardless of what your experience has been with them in the past, complaining to the solicitor with the threat of going to LeO gives you something to bargain with as the solicitor will know full well that he'll have to pay LeO's case fee of £400.

[Spellkaster]

Re: Previous solicitor keeps withholding my file of papers - why!?

I wrote to the firm in April 2013 requesting the file of papers, and the ignore my letter.

I have kept a copy of the letter.

I believe the firm might claim not to have received it in order to claim that is why the never replied!!

Can I ask what is the ICO you are refering to please?

I have also reported the firm to the Solicitors Regulation Authority for with holding the file.

I believe that there is something in the file which the solicitors dont want me to see which could explain why they are reluctant to hand it over!!

Will keep you posted!!

[EXC]

Re: Previous solicitor keeps withholding my file of papers - why!?

The SRA won't help you in any event.

SRA only deal with conduct issues and don't deal with issues relating to service which this is as on the face of it all that seems to have happened is that you didn't receive a response to a letter in 2013.

[des8]

Re: Previous solicitor keeps withholding my file of papers - why!?

As EXC said in post 2 "make a formal complaint" to the solicitors.
This involves obtaining written details from the solicitors of their complaints procedure (this should have been made available to you when you first engaged them)

The way in which the solicitor should handle your complaint is included in the SRA Handbook, found here:
http://www.sra.org.uk/solicitors/han...e/content.page
First Section Chapter 1 0(1.9) to 0(1.11) and IB (1.12)
Complaints handling IB (1.22 to !.24)

[IanM]

Re: Previous solicitor keeps withholding my file of papers - why!?

I wrote to the firm in April 2013 requesting the file of papers, and the ignore my letter.

I have kept a copy of the letter.

I believe the firm might claim not to have received it in order to claim that is why the never replied!!

Can I ask what is the ICO you are refering to please?

I have also reported the firm to the Solicitors Regulation Authority for with holding the file.

I believe that there is something in the file which the solicitors dont want me to see which could explain why they are reluctant to hand it over!!

Will keep you posted!!

ICO is the Information Commissioners Office. You are entitled to request your files under the Data Protection Act/Freedom of Information Act and the firm has to comply to your request.

You may have to send a Subject Access Request to the firm of solicitors but ring the ICO and ask their advice first, they are actually very helpful compared to the SRA and the Legal Ombudsman.

[Spellkaster]

Re: Previous solicitor keeps withholding my file of papers - why!?

Thank you very much.

If I dont get any joy with the SRA, I will phone the ICO!!

Thanks!!

[EXC]

Re: Previous solicitor keeps withholding my file of papers - why!?

Thank you very much.

If I dont get any joy with the SRA, I will phone the ICO!!

Thanks!!

You won't get so much as a response from SRA other than to advise that you should complain to the solicitor.

In my view you won't get anywhere until you've done that.

[EXC]

Re: Previous solicitor keeps withholding my file of papers - why!?

ICO is the Information Commissioners Office. You are entitled to request your files under the Data Protection Act/Freedom of Information Act and the firm has to comply to your request.

Solicitors aren't subject to the Freedom of Information Act.

[MissFM]

Re: Previous solicitor keeps withholding my file of papers - why!?

As per the good advice above:

- write to the Managing Partner of your solicitor's practice

- head the letter "Formal Complaint"

- say that you hereby invoke their formal complaints procedure and that you require them to investigate at no cost to you

- list your complaints (and your requirements in remedy)

- if this doesn't produce satisfaction within 8 weeks then the SRA/LOS will have a duty to investigate at your request.

HTH