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Legal matters

Can I write to the other side's solicitor myself or does my solicitor have to do it?

6 replies

LegalEaglesNeeded · 10/01/2019 17:17

Just that really. I can't go into too specific detail but I want make a formal complaint against a solicitor that has continually and flagrantly breached SRA Principles. My solicitor is decent in a lot of ways but very passive and seems reluctant for me to raise a complaint for no real reason except that they are very rigid in the way they deal with things - even though they agree there are serious concerns. I want to raise a very formal, non-emotional complaint pointing out the breaches in the hope of putting a stop to them. Am I allowed to do this myself even though I have representation? I'm quite capable of writing the letter without doing anything silly (in fact I have corresponded with them myself about details they needed in the past). I just can't see the point in my solicitor writing it, particularly as their heart isn't in it and it will cost me money for them to do it.

TIA.

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Collaborate · 10/01/2019 19:04

What has the solicitor done? If it's not to deal with the actual case you're represented on I can't see why not, but if you're not the client of theirs there will only be a limited number of things you can complain about.

You should make sure you're not complaining about them simply doing their job and carrying out their client's lawful instructions. You have no way of knowing how they are advising their client.

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LegalEaglesNeeded · 10/01/2019 19:44

It's difficult to say too much but, for a start, they should not be representing the people involved as there is a very clear conflict of interest with them which means I am very doubtful they are passing on the necessary information to all the people involved - in fact, recent correspondence confirms this - because to do so would expose themselves. They have also continually accused me of various things - including theft - that are completely ludicrous and untrue, my solicitor just sort of laughs it off but it is not funny and I want it to be pointed out to them that this breaches professional guidelines. At one point I just sent them a load of details that proved what nonsense it was and it did get them to stop for a while but now they've moved on to other things because I have not dropped the case. They are very threatening and even my barrister said they were adversarial in a way they'd never seen. They think by continually threatening me that I will crack and go away, I won't, but it's not pleasant to deal with.

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MrsGarethSouthgate · 10/01/2019 19:48

You can log a complaint with the SRA online here:

www.sra.org.uk/consumers/problems/report-solicitor.page

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LegalEaglesNeeded · 10/01/2019 19:55

Thank you MrsGarethSouthgate I'm intending to do that but I think I need to raise a complaint with the solicitors themselves first.

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daisychain01 · 11/01/2019 07:37

I wouldn't contact them yourself, as it undermines your solicitor. They are meant to be dealing with your case on your behalf. You are meant to be working as a team, if you step in that's you saying you don't have trust in your solicitor's capabilities as your legal representative. Why not talk to your solicitor about what you want to achieve and get their perspective and advice.

What you're perceiving as passive may be them playing the long game, taking it carefully. Only an assumption as you don't wish to give details on here

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ShalomJackie · 13/01/2019 21:44

Also there can't be a conflict of interest unless they previously acted for you pr have knowledge about you from a prior case which I assume they didn't.

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