# Solicitor withholding funds



## hcourtney197 (10 Dec 2010)

My mother in law inherited land from her grand aunt and was sold about 3 years ago for 1.1m. 

The difficulty that she has is that she still hasn’t received any funds from her solicitor in relation to this land.

 The solicitor in question is a family ‘friend’ and he has been rung about this issue numerous times over the past 3 years about the funds and he has consistently stated that there was more paperwork that needed to be filled and also inferred that the auctioneer had not transferred the funds over to his account for dispersal. 

The auctioneer was contacted and stated that he funds from the sale had been transferred in May 08. 

The solicitor more or less stated that he had invested the funds (without knowledge or approval from anyone) and that again. I find this situation unacceptable as my mother in law had not been contacted to come in and it seems that the solicitor has been delaying tactics for a number of years. We queried the interest on the funds and was told that my mother in law wasnt owed anything bar the original amount (less tax). But there was a figure of 100k taken off for expenses, yet we don’t have any paperwork to support this figure.

I feel that my mother in law has been taken advantage of but I need to have some insight in order to help. 
1) Should it take as long as 18 months to undertake and complete paperwork and also can the solicitor hold funds like that in his account and derive benefit from it (interest) with does not reverts back to the clients.
2) Can we request the file to view what has occured for the past 18 months. 

Thanks


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## onq (10 Dec 2010)

I think you should refer this matter to the incorporated law society for review, if as you have stated, the solicitor has invested the money without instruction.
Investing monies is risky as any cursory glance at any investment houses "promises" will tell you that "investments may rise as well as fall".
I would be concerned that this solicitor may have made an unwise investment and simply cannot repay the full amount.

I don't know the law on this.

I suspect that what he can or can't do with the money and whether he owes you interest on monies held in a client account [which is where it should still be held IMO] depends on his terms of appointment and whether he was given power of attorney over the estate beyond the normal discharge of debts arising.

Subject to contrary advices received here, if I were in your position, I would be tempted ask the ILS to advise.
However, I would be very wary of goign down the road of suing the solicitor.
The only people who will make money from that route are the legal eagles.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon                                                         as a defence or        support  -     in     and    of        itself  -         should              legal             action        be           taken.
Competent legal and building professionals should be asked to advise in                                                         Real Life with     rights    to         inspect     and       issue         reports    on         the                    matters    at           hand.


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## Bronte (10 Dec 2010)

You need to contact the law society by phone today and then in writing with all the details as soon as possible.  

For your specific question on timeframe, probate can take a long time. 18 months wouldn't be that unusual.


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## Vanilla (10 Dec 2010)

I don't think you should contact the Law Society immediately- I think you should firstly:

1. Make an appointment to go in and talk to the solicitor face to face and ask the above questions- ie why so long, when am I going to get my money, why no interest.

2. If answers not acceptable, then make complaint in writing to law society.


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## hcourtney197 (10 Dec 2010)

Hi, thanks for all the feedback to date, we had arranged a meeting this week but he cancelled last minute, as currently live 3.5 hrs drive away so its very inconvienant to get there very often., but I again this this is a a stalling tactic on his behalf.


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## mf1 (10 Dec 2010)

None of it sounds good. 

Get MIL to write a letter seeking clarification and asking for a response within X days - allowing for Christmas. She should say that she is unhappy with the delays to date and she would like a thorough and clear explanation of everything within the deadline period. If she gets no response, she should say that  she will take the matter up with the Law Society. And then go to the Law Society. 

mf


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## onq (11 Dec 2010)

Last minute cancellations on such a timeframe with such an amount sounds totally professional.

I'd say he's had his chances, but more legally experienced posters than I have suggested a meeting or a letter.

I think a letter would be best if you are goign to engage with him at all.

If you do have a meeting take a witness with you who will corroberate what was said at the meeting.

Control the meeting's agenda.

As a minimum, you should be seeking -

- a full accounting of his actions to date,
- a full account of the estate dealings
- an immediate release of the monies to a nominated account and 
- full interest payments 

...not that interest rates have been very high recently.

Don't accept a cheque in this amount - he should organise an inter-bank transfer for you.

I'd be tempted to line up some alernative RL legal advice before engaging with him again - this guy sounds all wrong.

But of course that sets your path towards a legal confrontation, which will cost you money regardless.

Don't be gulled into thinking that a Court Order for Payment will solve all your problems either.

You can spend a lot of time getting these but a crook will have nothing in his name for the Sherriff to sieze.

Sorry I couldn't be of more help.


ONQ. 


All advice on AAM is remote from the situation and cannot be relied upon  as a defence or support - in and of itself - should legal action be  taken. 
Competent legal professionals should be asked to advise in  Real Life with rights to inspect and issue reports on the matters at  hand.


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## hcourtney197 (12 Dec 2010)

Again, thanks everyone for all your help, Im arranging with the MIL to have a letter of authority so that my husband and I can deal with the issue ourselves, as I feel that to date, the solicitor has used their 'friendship' and her inexperience in legal matters to take advantage of her. Once I get that processed, we are going to get advice from my own solicitor and set an agenda for the next meeting. No doubt he will be suspect what is going on and be prepared, but at least we can progress the matter.


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## onq (13 Dec 2010)

I think that is probably the wisest course and I wish you all the best with it.

You might revert and let us know how you get on.

ONQ. 

All advice on AAM is remote from the situation and cannot be relied upon   as a defence or support - in and of itself - should legal action be   taken. 
Competent legal professionals should be asked to advise in  Real Life  with rights to inspect and issue reports on the matters at  hand.


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