Fibbing solicitor

[smintram]

I am in the middle of a medical negligence claim with a firm of solicitors. My case was recently passed over to a 'grade A' fee earner solicitor (whatever that is). I emailed the solicitor nearly a month ago, and was told that he just received the causation report, and would deal with it the next day. Having heard nothing after 2 weeks, I emailed again, with concerns that my mail might have been going missing.He replied saying that, they have not sent anything in the past 3 weeks, and that they have just received the causation report (again) and would deal with it that day...and send out on that days post...A week and a half later...zilch...I am now losing confidence with them, as he has lied to me twice and worried, as the limitations on this case ends this year....anyone got any ideas how I can get his butt moving..diplomatically of course. I was of the opinion that they had a duty to move quickly on a clients case.

[Peridot]

Hi Smintram,

Sorry to hear of the issues you're having with your claim. It can be very frustrating when someone says they will do something within a certain time and they don't, then to repeat the same problem is so annoying. Unfortunately, although you're now at the top of the rung with a Grade A (being a solicitor with over 8 years qualification and experience) you do tend to find they become busier and may have less time than someone less qualified, although they will often have assistance from other lawyers too.

In any event, I'm sure you would have just appreciated some honesty. If it was going to be a few weeks before they could properly read the causation report and provide you with advice on the next steps then say so. Maybe you need to say this to them.

I would suggest contacting them again and explaining how frustrated you feel. You appreciate you aren't their only client but you would like some feedback on the causation report and advice on the next steps that are required. If this can't be done in the next week please confirm when you can expect to hear from them.

As far as the limitation date is concerned, I appreciate it is always a worry but a protective claim form can be issued as long as it is by the 3rd anniversary of the incident (or 21st birthday if you were a child when the incident occurred) which then gives a couple of months before certain other information such as the particulars of claim and schedules have to be served on the Defendant.

The causation report is going to be hugely relevant to your claim and the likelihood of a successful outcome for you so it is important the solicitor has a chance to consider it fully before considering the next steps. However, if they continue with false promises of providing information and then not doing what they say it may be worth asking for the firm's complaints procedure, or ask to speak to the solicitor's supervisor.

I hope the causation report is helpful when you get to see it, but do pop back on if you are still having problems.

[smintram]

I did contact them, and he did apologize...thank you...we are at the condition and prognoses stage now...thank you for your help.