Does This Constitute "Misconduct" or "Inadequate Standard of Service"

[eirman]

Six years ago a will/probate was processed by a solicitor.
Fees were paid, monies were distributed and all seemed fine.

A few months ago it came to light that the main part of the job was not done by the solicitor.
The property and land folio are still in the name of the deceased person.

Does this constitute Misconduct on the part of the solicitor or is it merely an inadequate standard of service?

The three years are up for making an inadequate standard of service complaint to the LSRA.
There is no time limit for making a complaint of alleged misconduct.

Which do you think it is ?

 

[MOB]

It might be misconduct if it can be shown the solicitor specifically charged a fee for this service (vesting of land in a beneficiary), took the fee and did not deliver the service.

But it might not even be inadequate service. That will depend on the particular facts, of which we do not have quite enough. It would be hard to say for sure without knowing more.

Sometimes there can be good reason for leaving property in the deceased's name (In some circumstances, if a sale is contemplated, it might be preferable that this be an executor's sale)

Who is the person entitled to the property and land folio? Is he\she also the executor?

Is there some issue that would prevent the problem being rectified by just registering the ownership now (such as an executor having died in the interim)?

Best to get the problem fixed, if it is easily fixable, rather than get into an LSRA complaint.

 

[eirman]

Thanks for your insight MOB.

The beneficiary of the house & land was an executor and is still using and enjoying the property.
There was no question/mention of selling the property at the time.

The non-registration of ownership only came to light with a very recent LandDirect €5 printout of the folio.
The solicitor in question is totally ignoring all written and phone communications.

I rang FLAC and they said a DIY registering of the ownership was complicated.
Employing another solicitor looks like the only course of action.

A complaint to the LSRA before the Folio is updated would make it an open-and-shut case,
(provided that the complaint can framed as misconduct.)

Two questions .....
How complicated is registering the ownership?
The original question ...... Misconduct or Inadequate standard of service?

 

[Jim2007]

The original question ...... Misconduct or Inadequate standard of service?

It’s a mistake, an administration error, these things happen. But it does not materially change the outcome. The solicitor needs to put it right at their expense. If indeed the executors instructed him to do so.

The only people the solicitor needs to communicate with are the executors who instructed him. Is he ignoring them?

 

[Thirsty]

How complicated is registering the ownership?

Neither difficult nor hugely expensive, all other things being equal.

Get it done & don't waste your energy.

 

[eirman]

The only people the solicitor needs to communicate with are the executors who instructed him. Is he ignoring them?

As I said, the solicitor in question is totally ignoring all written and phone communications over the last few months.

 

[Leo]

As I said, the solicitor in question is totally ignoring all written and phone communications over the last few months.

You still haven't confirmed if they are ignoring the executor. Post #3 suggests you were not executor.

 

[eirman]

Just to clarify .....
I am not the executor and the solicitor in question is ignoring every communication from everyone.
(The executor is included in "everyone")

 

[Jim2007]

Just to clarify .....
I am not the executor and the solicitor in question is ignoring every communication from everyone.
(The executor is included in "everyone")

But the only one that is relevant is the executor, have they written to solicitor specifically about this point, telephoned them, tried to make an appointment?

 

[eirman]

My friend is the executor and phone calls and letters from him are being ignored by the solicitor.

 

[Purple]

My friend is the executor and phone calls and letters from him are being ignored by the solicitor.

What Leo is pointing out is that the only communication that is relevant is the communication from the executor. Given that you should confine this discussion to that particular communication. This section is Ask About Law so what's legally required is all that matters here.

If you want to have a discussion about rude solicitors and how unprofessional some of them are then start a thread in Letting off Steam and I'll gladly vent my spleen.

 

[Jim2007]

My friend is the executor and phone calls and letters from him are being ignored by the solicitor.

In that case they should follow the complaints procedure: [broken link removed]