Hi, I am currently completing an MBO of the company I work for. We have agreed an amicable way forward for me to buy the business and we hoped to complete the transaction by the end of December/middle of Jan at the latest.
I instructed a solicitor to act on my behalf on the 8/11/11. I emailed asking for an update on the 14/12/11 to which he replied, by email, that he was awaiting my responses re the documents and emails he had sent me. I had recieved none. Turns out he was sending the emails to a .com address rather than a .co.uk. When he informed his office they resent the emails to my proper address.
Yesterday I recieved all of these documents. They date from the 8th November starting with his t & c's letter, which obviously I haven't had time to sign as I only got them this week. They further include 30 pages of due dilligence, debenture, sale share agreement, loan agreement and compromise agreement; all of which contain extremely confidential information and sensitive information about the particular sector I work in.
I had to spend all day yesterday trying to respond to the many questions raised in the communication. In all honesty I felt like kicking the firm into touch but I managed to bite my tongue and not send an irate email.
The issue/s for me though are that this material has been sent to someone other than me, (if I done that in my line of work I'm sure the Information Commisioners Office would be giving me a hefty fine, probably in the tens of thousands). I know the incorrect email address is an active one as I emailed it this morning without receiving an undelivered notification.
I think also if I and two other colleagues had been sending numerous emails to a new client and none of us had recieved a single response, at least one of us would have picked up the phone after no longer than a week- I wouldn't let it run to a month.
I'm torn because I want the deal to go ahead in timely fashion so am reluctant to appoint new solicitors on the other hand I feel I have been let down by my solicitor and will end up with a hefty bill for what is, imo, poor and shoddy practice. Any thoughts or advise would be gratefully recieved
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Has my Solicitor been negligent. Advise please.
6 replies
9sleepstilxmas · 16/12/2011 11:06
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