Unbundled Legal Services

[charitynjw]

In the wake of Sequence Properties Ltd v Kunal Balwantbhal Patel , will solicitors cease giving limited retainer help & advice?

[Amethyst]

Re: Unbundled Legal Services

I don't think so, but I haven't seen the full judgement just summaries.

So far as I am aware the case was that the litigant in person had a solicitor on a retainer and instructed them to prepare his 'bundle'. It appears that despite the solicitor preparing the bundle in time ( on an unbundled service instruction), it had not been served on the claimant (at all) or the court before the deadline.

The case wasn't against the solicitors, it was an application for relief from sanctions, the LIP argued that he should be given leaway because he was a LIP, and the judge pointed out he had a solicitor's assistance with the bundle and should have been advised to serve in time and on the claimant. The LIP had failed to engage with the claimant properly throughout the claim and not just the bundles not being served. There wasn't any finding against the solicitor although I don't know if the LIP is doing anything in that respect - if he does, and gets anywhere with it, then that could cause an issue - as solicitors would want to avoid potential complains against them.

I think it's likely the solicitor who helped prep the bundle did tell the LIP he had to file and serve it on time but the LIP was tardy and tried to excuse himself by saying he didn't know, when the facts showed he should have known.