Solicitors Sudden Bill?!

[mcg]

I want take action against a solicitor for professional negligence due to not completing a property purchase in time and the loss of my deposit.

I have now requested the convenyancing file to forward to a different solicitor who will take on the case.

They have now suddenly produced a bill and won't release file until paid.

I suspect they know what is coming and want to make the process difficult.

Who can I highlight their conduct to?

[teaboy2]

Re: Solicitors Sudden Bill?!

I want take action against a solicitor for professional negligence due to not completing a property purchase in time and the loss of my deposit.

I have now requested the convenyancing file to forward to a different solicitor who will take on the case.

They have now suddenly produced a bill and won't release file until paid.

I suspect they know what is coming and want to make the process difficult.

Who can I highlight their conduct to?

Solicitors Regulation Authority

[bluebottle]

Re: Solicitors Sudden Bill?!

Go to the Solicitors Regulation Authority (SRA) website. This is the regulatory body for solicitors. Their website is at www.sra.org.uk. I would, however, suggest you give them a call first on 0870 6062555 to see if they can deal with your complaint. There is also the Legal Ombudsman. Their website is at www.legalombudsman.org.uk. Their telephone number is 0300 5550333.

[Nikolai]

Re: Solicitors Sudden Bill?!

Get your new solicitor to explain it to you, but the old one is attempting to exercise what is known as a lien over your file of papers. It's your file, not the solicitor's, but the law allows possession to be withheld from you in certain circumstances, non-payment of charges being one. Their argument is that they are entitled to be paid for work done on your file before they release it.

[muffett]

Re: Solicitors Sudden Bill?!

So sorry to hear about your situation.
You have my sympathy...I understand one has to be paid for a job done.
It is hard to deal with when you need specialist advice in the field of Law or Finance for example, hoping professional integrity will play a part; only to find their skills are used against you. Or they are in it for their own gain.
I am in a similar predicament, which I won't go into here.
In a nutshell I have paid several thousands and after going up against a large bank who took me to court three times, after adjournments. I am left with a Bill for several thousands more. In my opinion, the solicitor did not seek specialist knowlege to deal with sharks I asked him to help me with, he was confounded at the final hearing at the trumped up ruling by a judge.
As a result I have lost my home and left with a hefty bill.

I am not sure what the answer is, but all I can say is do not give up.

All the best
Muffett

[MissFM]

Re: Solicitors Sudden Bill?!

hello mcg

Huge sympathy - have also had serious (very expensive in every way) probs with incompetent solicitors. It is not easy to call them to account - like the medical and other professions, they all stick together and would appear to have a licence to mint money. The SRA and ombudsmen will only get involved when you have given the solicitors "every opportunity" of putting things right ( ie exhausted all routes for an amicable solution) There is a list on the SRA's website of what they consider to be solicitorial transgressions (not as comprehensive as one would like).

If it is a firm of solicitors I would first send a formal complaint to the managing partner making it very clear that at no cost to yourself you are asking them to activate their complaints procedure and for them to explain how this works. Detail your list of complaints one by one, clearly and succinctly (solicitors tend to do things point by point, numbered). Stress that all this from now on is at their own cost NOT another excuse for the meter to tick.

If it were me, I would also ask in the same letter that they release your papers immediately to new solicitor so as not to incur further cost to yourself in addition to costs caused by previous mistakes.

If result not satisfactory SRA will have to take it up if it's in their (rather narrow) remit, if not then possibly ombudspeople.


The process is byzantine and harrowing and very frustrating - they fleece you and also mess up your case.


Good luck!
FM

[MissFM]

Re: Solicitors Sudden Bill?!

NB I would also watch out for new solicitor spotting a cash cow - don't forget that he will make as much, if not more, by squabbling with old solicitor - his time will be charged by the minute (usually in ten -minute "units", rounded up)

[IanM]

Re: Solicitors Sudden Bill?!

Hi mcg, don't give up, if the solicitor is withholding your files by producing a bill you never knew about you can bet your bottom dollar they have screwed up and are attempting to conceal their negligence.

Ask them to produce a copy of the bill and the client ledger sheet for your account.

Also request they explain what work has been done to justify the bill and ask them to provide any documents that confirm the work has been done.

If the bill is genuine then the amount they are asking for will be recorded on your client ledger sheet as it was incurred. If it is not on the ledger then it is an unjustified bill and has been created to put you off trying to obtain your file.

Contact the Legal Complaints Service at Leamington Spa and explain it to them, they can make informal contact and ask the solicitor to release the files to you or explain why they are refusing to.

If the LCS are not happy with the response they can request documents from you and the solicitor so they can investigate if everything is above board and if it isn't then they will refer it to the SRA for further investigation.

Who are the firm of solicitors you believe have been negligent?

I want take action against a solicitor for professional negligence due to not completing a property purchase in time and the loss of my deposit.

I have now requested the convenyancing file to forward to a different solicitor who will take on the case.

They have now suddenly produced a bill and won't release file until paid.

I suspect they know what is coming and want to make the process difficult.

Who can I highlight their conduct to?

[Nikolai]

Re: Solicitors Sudden Bill?!

Most of the firms I worked for back in the day charged out in 6 minute units (10 units per hour), hourly rates varied between attendance (seeing clients), preparation, court hearing time, travelling and waiting. Letters written, letters received and telephone calls were charged separately. If the case was complicated, there was a "mark up" depending on the degree of difficulty encountered.
I think most solicitors still operate in this way, the hourly rate varies according to the size and image of the firm. The unfortunate part about this method of billing is that the client doesn't usually know whether their work is being done competently or not. It's only when things go wrong that the solicitor's work is examined and then usually by a new solicitor (who let's face it is going to charge for his/her services in the usual way).
Any decent solicitor is not going to want a complaint - proper procedures have to be followed, those procedures can't be charged for, and there's always the chance that the SRA will become involved, which most regard as a real pain in the rear end. If it turns into litigation, that means the professional indemnity insurers get involved, and lots more work which can't be charged for. If the insurers pay out, the firm cops for an excess, and its claims record is damaged, which results in higher premiums next renewal.
It all comes down to client care and doing the work in a professional manner, knowing your limitations. I'm not saying we got it right all the time, but we always tried to act reasonably (knowing that is the test a judge would impose if it ever got into a court). If there is a dispute with a client, over a bill or anything else for that matter, it's in the solicitor's interest as well as the client's to get it sorted asap, before the situation escalates out of control.
In some ways, I'm glad to be out of it.

[katie450]

Re: Solicitors Sudden Bill?!

Thanks for the Email Id and Phone number...
I have sent email... Waiting for response..

[katie450]

Re: Solicitors Sudden Bill?!

Thanks for the Email Id and Phone number...
I have sent email... Waiting for response..

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