Previous Solicitor Not Responded For Access To File

[Spellkaster]

I had to employ a solicitor in 2010 to help defend against proceedings bought against me by the local authority.

Its turned out that 4 years afterwards, there is now a potential claim for professional negligence against the original solicitors.

They kept refusing my verbal instructions over a number of matters I had raised with them, they failed to put forward a paper defence bundle BEFORE going to court, they failed to stop the trial going ahead on the basis that there was a conflict of interest because the magistrate knew the complainant and there was concerns by me that the trial would be unfair.

Other issues as well.

I wrote to the firm in 2013 asking the for a complete copy of the file and the ignored my letter.

As far as I know the fees were paid in full by my father in September 2010, so I was unable to change solicitors.

There are no outstanding legal fees either, so I cannot understand why no communication over access to the file.

My new solicitor has written to the firm on the 4th July asking for access, and they then sent them a reminder letter.

Plus they have made various phone calls to no avail.

Do this mean that now the old solicitor has completely ignored my new solicitors request for the files it would make my claim for professional negligence stronger?

I have not done this before but from what my new solicitor have told me their barrister will now assess the claim, and then a Letter of Claim be sent, followed by proceedings if they still ignore?

Thank you.

[Amethyst]

Re: Previous Solicitor Not Responded For Access To File

Regarding the numerous phone calls were they answered? Or could they have gone out of business, maybe check with the SRA or Law Society sites.
Were you represented by them in court and did you lose the case?

[Spellkaster]

Re: Previous Solicitor Not Responded For Access To File

Regarding the numerous phone calls were they answered? Or could they have gone out of business, maybe check with the SRA or Law Society sites.
Were you represented by them in court and did you lose the case?

Yes the phone calls were answered so the firm is still running. Yes they represented me in court and lost the case which is why I am suing!!

I just find it very very odd that they have failed to respond to 2 written requests for the file, and have not returned phone calls either!!

[righty]

Re: Previous Solicitor Not Responded For Access To File

They are seriously in breach of the code of practice. If the fees are paid, then the file is your property not their's. Your present solicitor must place them on notice that if they don't supply the file within a set time he will, on your behalf, report them to the SRA

[Spellkaster]

Re: Previous Solicitor Not Responded For Access To File

They are seriously in breach of the code of practice. If the fees are paid, then the file is your property not their's. Your present solicitor must place them on notice that if they don't supply the file within a set time he will, on your behalf, report them to the SRA

Thats what they are proposing to do and include in the claim as well.

I was also splashed all over the front page of the local newspaper to ad insult to injury, this is also being included as extra for damages!!

[righty]

Re: Previous Solicitor Not Responded For Access To File

Good looking forward to reading about it in SDT decisions .......eventually

[Spellkaster]

Re: Previous Solicitor Not Responded For Access To File

Spoke to my new solicitors today.

The old solicitors, after trying for over a month, have still not replied for access to the file.

There has been no contact to the letters, and no response for messages that have been left.

I spoke to my father today who can show that he paid the bill in full in September 2010 through a bank transfer.

My new solicitor has said it wont look good on the old solicitors for not replying at all; this will be part of my claim.

The new solicitor will be sending the claim to their barrister end of the week for full assessment; they have said it looks like there will be a potential claim for negligence because of the witness statement I have made, the newspaper article, and that the fees were paid in full.

I just hope that the claim is going to be worth my while; legal fees mounted to £7000, plus damages.

I have some debts to pay and the money will be used to pay these off, and the rest will be spent wisely!!

Looking forward to a good christmas this year!!

[righty]

Re: Previous Solicitor Not Responded For Access To File

Spoke to my new solicitors today.

The old solicitors, after trying for over a month, have still not replied for access to the file.

There has been no contact to the letters, and no response for messages that have been left.

I spoke to my father today who can show that he paid the bill in full in September 2010 through a bank transfer.

My new solicitor has said it wont look good on the old solicitors for not replying at all; this will be part of my claim.

The new solicitor will be sending the claim to their barrister end of the week for full assessment; they have said it looks like there will be a potential claim for negligence because of the witness statement I have made, the newspaper article, and that the fees were paid in full.

I just hope that the claim is going to be worth my while; legal fees mounted to £7000, plus damages.

I have some debts to pay and the money will be used to pay these off, and the rest will be spent wisely!!

Looking forward to a good christmas this year!!

Even if you didn't pay the bill its still misconduct as to hang onto the file they are denying you justice

[righty]

Re: Previous Solicitor Not Responded For Access To File

"Their Barrister" Don't you mean YOUR barrister as he will be asked for a damages opinion on your behalf AND technically you're responsible for the barristers fee's

[Spellkaster]

Re: Previous Solicitor Not Responded For Access To File

"Their Barrister" Don't you mean YOUR barrister as he will be asked for a damages opinion on your behalf AND technically you're responsible for the barristers fee's

As its a claim for professional negligence this is being done on a no win no fee basis, so on the inset it wont be costing me any money at all to get an opinion from the barrister.

It works out that I will need to pay around either 20% or 25% depending on how much the claim is worth.

I was told yesterday that it looks more then likely that there is a claim there, but will know a lot more next week when the barrister comes back with his advice.

It turns out my father actually paid the old firm £7343.75. He paid slightly more then was was quoted on the original invoice.

[Spellkaster]

Re: Previous Solicitor Not Responded For Access To File

Even if you didn't pay the bill its still misconduct as to hang onto the file they are denying you justice

I know, it make ma feel that they are trying to hide something in the file which is why they have failed to reply after a month of trying!!

I asked them for the file last year when I wrote to them requesting access, I have kept the original letter which is also being put in towards the claim!!

Even they failed to reply to my written letter of request, its not looking good for them either way!!

[Spellkaster]

Re: Previous Solicitor Not Responded For Access To File

My new solicitors have said that the barrister has recommended to send a further 4 letters to them asking for the file!!

The fact is they haven't replied to 2 letters let alone a further 4!!

And with the phone calls that they have made!!

A bit annoyed to say this least, but eventually he will consider the papers!!

[stevemLS]

Re: Previous Solicitor Not Responded For Access To File

No further letters harmless, keep proof of posting

A sol has a lien on a file, and so does not need to forward, if fees remain outstanding, you need to clarify this.

[Spellkaster]

Re: Previous Solicitor Not Responded For Access To File

No further letters harmless, keep proof of posting

A sol has a lien on a file, and so does not need to forward, if fees remain outstanding, you need to clarify this.

As far as I am aware my father paid the bill in full.

He has sent proof of payment to the new solicitor so that they can clearly see no outstanding legal fees.

I cant understand why no contact with them over access to the file.

[righty]

Re: Previous Solicitor Not Responded For Access To File

If they had a lien on the file surely they would have said so by now. I suspect either they've mislaid it or they don't want to release it because they know they are being accused of negligence OR they are just burying their heads in the sand.

Are there any time limits involved How long after their alleged negligence did you bring your claim??