Old cases with Howlett Clarke

[veryannoyed]

Prey May it not be Prudent to outline the procedure//Requirements that are in place when a Solicitor or similar who has been assigned cases leaves a Practice??? the response one procedure would cover all -! as names not required "BUT" factual requirements forthwith???

as far as the peep is concerned if they have not received service on transfer of cases internally there is a solicitors complaints procedure ( if your face fits = that is) i.e. solicitors complaints tribunal etc??? they tend to pass the buck like many regulator>>

Unfortunately the SRA are primarily set up to look after its members. Have only just found out that a previous solicitor had ceased trading in Mar 2018 and the only reason why I found out was by checking Companies House to find out I had been sued by a Dormant Company. Go onto the SRA site and search for the Ceased Trading Solicitors name and no mention that the Company has ceased trading just the previous Dormant Company trading name and number.

[MIKE770]

Veryannoid:- Paul has laid down procedure and requirements!! so you had a choice to stay with the company you were with or start a new agreement with new company. the choice was yours and any disagreement with the company you stayed with is with them not previous council etc@=

A client is free to move their file where ever they wish. When a lawyer moves practice they will generally will have covenants in their contract which will stop them from competing with the previous firm. The client can choose if he wants to move his case, or remain with the previous practice.

If the client chooses to move firm then the new practice will send out their client care letters, and the client will need to agree the new terms, if terms aren't agreed then the practice isn't instructed and the client is free to go elsewhere. There is no requirement for any law firm to accept instructions, it is not mandatory.

[MIKE770]

Veryannoid:- Paul has laid down procedure and requirements!! so you had a choice to stay with the company you were with or start a new agreement with new company. the choice was yours and any disagreement with the company you stayed with is with them not previous council etc@=

A client is free to move their file where ever they wish. When a lawyer moves practice they will generally will have covenants in their contract which will stop them from competing with the previous firm. The client can choose if he wants to move his case, or remain with the previous practice.

If the client chooses to move firm then the new practice will send out their client care letters, and the client will need to agree the new terms, if terms aren't agreed then the practice isn't instructed and the client is free to go elsewhere. There is no requirement for any law firm to accept instructions, it is not mandatory.

[veryannoyed]

I have an idea i know which matter you are talking about.

First, i am not going to engage in open air dispute resolution, it is not the right way forward. Second, let me remind you that re the Appeal, you informed that you had retained counsel under a direct access scheme, thus any failure to brief counsel doesnt fall at my door. Third, your files were sent to the solicitors you nominated, so i fail to understand the reason why you are struggling to get your files, the solicitors have them all.

Maybe its worth re reading a letter dated 30th November? May provide some more clarity, in the mean time your comments above are factually wrong.

Having checked my records I cannot find any communication on the 30th November, the failure to brief counsel was on the previous matter prior to your leaving HC and I believe the files have still not been received however it was defended without although obviously not ideal.

[pt2537]

Having checked my records I cannot find any communication on the 30th November, the failure to brief counsel was on the previous matter prior to your leaving HC and I believe the files have still not been received however it was defended without although obviously not ideal.

Counsel was briefed, he attended the hearing , leave to appeal was refused, a matter of public record as the hearing was in public. At no time did you say that counsel had not been briefed not to me or to counsel.

[pt2537]

This is not the appropriate place to hold such discussions, i am closing the thread, if you have any issues you want to raise then either email me or send me a PM im more than happy to address your concerns in a sensible way.