Problem with solicitor

bond-007

Registered User
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3,171
Sorry to bore you with a long post.

In sept 2003 my brother in law was killed in a RTA. There was no will left and all there was the cost of the cars finance and his life assurance. We asked a local solicitor to handle the case and probate. He said that it would be fine and he would handle it all. My parents in law been next of kin renounced their role and asked their daughter (my wife) to be the administrator. Inquest was in March 2004. As the estate was strauight forward we expected probate to be granted shortly thereafter. That's where things started to go wrong.

The solictor would not do what we asked of him. We asked why things were going so slowly. Phone calls were not answered and the staff were surly. The only way to get some response was to write a stiff letter and we got some response and he would promise to speed things up.

Probate was eventually granted in Dec 2005. Great we started to think that it would end soon. One of the creditors a well known finance company were breathing down our necks looking for their money. On his advice we contacted the bank and negoiated a settlement which was satasfactory to both sides. We told the solicitor of the news and he made my wife sign a letter authourising him to pay the bank. He promised to send them a bank draft within 7 days to pay them. He never did. First we knew was when the bank called us to tell us they had received nothing. They had been writing/calling the solicitor to get answers but he won't respond to them. We then wrote to him demanding an explanation of what was going on. I delivered the letter by hand to his office. That was over 2 weeks ago and again no reply has been received. The bank called again looking for their money yesterday.

Everyone is now at the end of their tether with this. What can we do to get the solictor to play ball? I really wish we got someone else. I have no confidence in him at all now.

I was thinking of sending a registered letter addressed to the practice making a formal complaint and giving them a week to respond or its off to the law society. Would that be too strong? Any suggestions?
 
jpd said:
Change solicitor ?
Not possible. You have to pay him off to change. There is no money available to do this as everything is tied up in probate. He would be paid from the proceeds of the estate.
 
bond-007 said:
I am surprised that no one has anything constructive to say. Maybe I have hit too close to home?

As someone with 485 posts to date, I thought you would have been aware of the posting guidelines...

4. Please don't duplicate or reply to your own recent posts just to "bump them up" to the top of a topic list
Askaboutmoney is a completely free and voluntary community service and, as such, cannot always guarantee a timely response to all queries, depending as it does on somebody with the required experience or expertise being available to make contributions. If your query has not received any replies please don't duplicate it or reply to it/edit simply to bump it up to the top of the list particuarly if it has only been posted for a short period of time. Far from eliciting a more expeditious response doing so may actually have the opposite effect as many people see this as bad manners and will consequently ignore the query. On the other hand, if your query remains unanswered for several days/weeks then bumping it up to the top of the topic list may be justified. Your own common sense should tell you when this is justified and when it's not.

In fact, I think the real reason for the response (or lack thereof) to date is in the very first line of your original post.

Sorry to bore you with a long post.
 
Maybe I have hit too close to home?

And that put the final nail in the coffin. Why would any one with a legal background now take the time to respond when its prefaced by a snide remark like this.
 
I retract that remark. My reasoning was that a person in the legal trade would be relutant to give info that might damage a fellow member of the trade. If that is the case fair enough.
 
bond-007 said:
My reasoning was that a person in the legal trade would be relutant to give info that might damage a fellow member of the trade. If that is the case fair enough.

You won't get much help around here if you persist with this sort of cynicism.

If you have EVER read any of the previous threads on AAM about solicitors you will realise that what you have concluded above is codswallop of the highest order.
 
bond-007 said:
I was thinking of sending a registered letter addressed to the practice making a formal complaint and giving them a week to respond or its off to the law society. Would that be too strong? Any suggestions?

Before you take this step, is there someone more senior in the firm you can make a verbal complaint to? I think perhaps a verbal complaint might be the first step and it might be enough to get your concerns across.
 
I owuld agree with casi. You should write, by registered post to the senior partner of the firm, if a partnership. if it is a sole practictioner, then send the letter to him/her. I would also copy the letter to the complaints section of the law society.

In the letter, I would ask for confirmation that all penaltys, interest etc be paid for by the solicotor, given the delays.

it is frustrating when legal matters go askew.
 
There was a solicitor in our town some years back who had being getting clearance to work on peoples behalf with their money,ie authorized to accept settlements,and to sort out inheritance etc and it was discovered by a client (he was taking too long to get things done) that monies was going missing,after a long lonely picket and complaints to the law society of Ireland an investigation was done on him as a result he was barred from practicing law again, so I hope this is not the same type of person,not every one is honest.
 
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