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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Should I report this firm of solicitors to the Law Society?

25 replies

musicmix · 09/01/2018 21:50

I've name changed.

In August 2016 we appointed solicitors to deal with matters arising from my df's death. The solicitor we met with wrote a letter to the opposing solicitors. Shortly after, she left the firm and her boss took over our case.

Jan 2017 Dh and I met with the boss - a course of action was outlined and agreed upon.

Feb 2017 dh died :(

March 2017 I rang the solicitor to tell him about dh's death :( (sorry for the sad faces - it hurts so much to see the word 'death' in conjunction with my dh).

April 2017, four weeks after having had no response to my March phone call, I emailed the solicitor. The next day I received a short response saying, in view of the news, he would ramp up the situation with the opposing solicitors.

I heard nothing until August 2017 when I got an email from a solicitor (who was from our firm of solicitors but not the man I'd been dealing with) telling me that they were now in a position to do xxx. I emailed back saying "but this is what we agreed at the meeting we had in January. Are we really no further forward?" (words to that effect anyway).

I heard nothing so early October 2016 I emailed.

I still heard nothing, so early November I emailed again.

At the end of November, having heard - you guessed it - nothing, I rang them. I asked to speak to both solicitors who had been dealing with the case. Neither of them were available but I was told both would be asked to ring me back that afternoon. By 5.20, neither of them had rung back. I rang again and, once more, neither of them were available. I sent an email that evening.

The next day I received a short email from the original man apologizing, and saying he would be in touch shortly with a more substantial communication.

I've still heard nothing. In the meantime, the opposing party's solicitors have been proactive and aggressive - I know this because the executors of my df's will, a bank, have been updating me with new actions they are now taking. They presumably have been updating my solicitors as well - but I don't know because my solicitors have told me nothing! The executors will only engage with me to update but say any queries I have beyond that have to go through my solicitors.

Frankly I wish I'd never heard of them. Losing my df and my dh has nearly broken me, and these people have made a difficult situation even more difficult. Anyway, I emailed them yesterday to disinstruct them, and told them I would be reporting them to the Law Society. So my question (finally!) is - should I?

Thank you so much if you've read.

OP posts:
Racmactac · 09/01/2018 21:56

The initial client care letter that you received will detail the complaints procedure and who the partner in charge is. I would make a formal complaint and see what happens. Then report them.

Collaborate · 10/01/2018 07:12

Sod that. Find new solicitors, but still pursue your complaint. They all sound useless.

MrsSiba · 10/01/2018 07:22

Sorry to hear you are having such an awful time.

Address your complaint to the firm of solicitors first before escalating this further to the Solicitors Regulation Authority if you are still not satisfied. As pp said the name of the complaints partner should be in the original client care letter. A letter or email to them explaining your concerns will start the ball rolling and they should send you a copy of their complaints procedure so you can see what should happen and when.

I would also request your file is transferred to someone else than the current numpties and you are not charged for them getting up to speed with things.

Good luck.

Namethecat · 10/01/2018 07:30

When my mother died ( owned her own house,had savings,pensions,investments,bonds etc ) I looked at all the paperwork required to complete her will and carry out the wishes within and decided to do it myself. It really isn't that hard as long as you are meticulous with the paperwork and set up a good filing system to keep on top of it. It didn't take that long. ( Maybe a few months )

Thiswayorthatway · 10/01/2018 07:31

Stop instructing them, don't pay anything and find someone new.

Karigan1 · 10/01/2018 07:35

You have no idea what’s going on behind the scenes at present. Make an appointment to see your legal representative (and don’t be flunked off with an underling) to ascertain what is going on before you do anything. It’s frustrating but things may have been happening you don’t know about.

MrsBertBibby · 10/01/2018 07:43

Definitely find a new solicitor, but take this lot to the ombudsman, rather than SRA.

www.legalombudsman.org.uk

So sorry you have been let down so terribly.

MrsBertBibby · 10/01/2018 07:43

Definitely find a new solicitor, but take this lot to the ombudsman, rather than SRA.

www.legalombudsman.org.uk

So sorry you have been let down so terribly.

ScottishDiblet · 10/01/2018 07:57

The advice above is correct but there are steps you need to take first: 1. Use the firm’s complaints procedure to make a formal complaint. 2. De- instruct this firm and find a new solicitor in writing and say that due to your complaint you will not be expecting to pay any bill. 3. Escalate complaint to ombudsman.
Very best of luck and I’m so sorry for your losses.

musicmix · 10/01/2018 14:56

Thank you all so much for taking the time to respond, and for the advice. I will contact the legal ombudsman x

OP posts:
NewspaperTaxis · 10/01/2018 14:59

Is an Ombudsman really any good? I mean, it's good advice, but some of them just side with the guilty and are not neutral. We reported Surrey County Council to the Local Govt Ombudsman, and they just sided with the Council on everything, even inventing evidence to support their position!

Some Ombudsmans are quite dodgy, not neutral at all.

prh47bridge · 10/01/2018 16:22

I have extensive experience of the LGO through my involvement in admissions appeals. I have never found them to be anything other than fair. I have never come across them inventing evidence. I have encountered local councils giving questionable evidence but that is different. I would certainly not describe the LGO as dodgy.

The legal ombudsman is a government body and is independent from the legal profession.

MrsSiba · 10/01/2018 22:01

The legal ombudsman will want you to demonstrate you have been through the firm's internal complaints procedure first and given them the chance to deal with your complaint before they get involved. And they don't always side with the solicitors.

AuditAngel · 10/01/2018 22:08

I think you should follow their complaints procedure first. I work in a similar industry and any complaint would be met with asking what the firm had said in relation to your complaint.

That said, their customer service is very poor. Formally complain, tell them when you expect to hear back via which means, I.e. I expect to hear back within 5 working days by email.

Then when they don't, go to the ombudsman

musicmix · 10/01/2018 23:22

I can’t find a complaints procedure, either on the website or on the client care letter. Also, there are a number of partners but they all seem to be of equal seniority, and none of them seem to be responsible for client complaints.

Is it enough to have told them I’m intending to report them without asking what reparation they’re going to make? I don’t actually want them to represent me anymore as I feel I’ve given enough leeway and wasted enough time.

Thanks again for giving your time to post and I’m sorry about the ‘x’ that slipped onto the end of one of my previous posts! Don’t know how that happened!

OP posts:
user187656748 · 10/01/2018 23:32

I'm not sure what you'd really be hoping to gain from going to the SRA or the ombudsman? They've been rubbish and given a poor service but assuming they haven't charged you for work they haven't done I'm struggling to see what the complaint is? "This firm isn't very good and doesn't seem to want my work"?

call and ask to speak to the complaints partner. Say very firmly either x y and z is done by DATE or I am instructing alternative solicitors and will not be paying for work carried out to date in view of the lack of progress and then see what they do.

Collaborate · 11/01/2018 07:02

You have to go through their internal complaints procedure first. Might initially be deal with by the fee earner concerned, then if not satisfied by the response, by the complaints partner. When you've exhauster their process you can then take it to LeO.

See this.

NewspaperTaxis · 12/01/2018 14:17

Oh, the Local Govt Ombudsman is awful, no doubt about it. I mean, seriously, look at Council misconduct in Rotherham, Rochdale, Kensington & Chelsea... Surrey in my experience. They wouldn't behave like that if they had anything to fear from the LGO. And they don't.

We reported SCC to the LGO about their mistreatment of my mother in their dodgy care homes. First thing they asked: do you have Power of Attorney? You need that to complain on her behalf. Utter rubbish. Also, would you like to get POA if you don't have it? Go on, off you go, speak to us later. Also utter rubbish. You can't get POA once your parent is deemed to have lost mental capacity, they have to be in a position to grant it to you.

But to be fair to the LGO, they were just doing what they could in fobbing us off. When we got the response, they just sided with the Council on everything and yes, speculatively invented reasons on their behalf as to why they might have acted in a such a way. Knowing that's how it would play out, they were just looking to save themselves some paperwork. Anyway, that demonstrates they are not neutral, but really, Councils have such an appalling reputation that as with Weinstein, it does tell its own story: Power is as power does.

The complaints process is often there to forestall legal action, and should you then realise that and take legal action, well, you've only just shown them your hand, haven't you? By telling them everything already.

Familylawsolicitor · 12/01/2018 19:25

This reply has been deleted

Message withdrawn at poster's request.

prh47bridge · 12/01/2018 22:24

Re the LGO, and ignoring the multiple misconceptions in NewspaperTaxis post, they uphold 54% of complaints. Surrey do particularly badly with 63% of complaints upheld. I don't doubt that they sometimes get it wrong. But to suggest that they bend over backwards to find against the complainant is clearly wrong.

NewspaperTaxis · 15/01/2018 15:58

prh47bridge, there are not multiple misconceptions in my post, I simply told you what happened. Are you suggesting I made all that up? What's more, I also know of many people who have felt let down by the LGO. To suggest they bend over backwards to find against the complainant is clearly right in my experience, and there is not very much you can do about that.

You get your stats from their website. But I have just stated they are an untrustworthy organisation... so what is your point exactly?

Here's a story which tells it how it is...

www.getsurrey.co.uk/news/surrey-news/woman-claims-treatment-mother-bagshot-10254316

Oh, and their decision is final and you can't appeal. Unless, of course, you are a Council in which case you can just blatantly take the mickey:

www.publicsectorexecutive.com/Public-Sector-News/unprecedented-rise-in-councils-challenging-ombudsman-decisions-

Then read the comments underneath.

And finally, this:

www.complaintexpert.co.uk/can-we-trust-ombudsman-with-our-complaints.html

On the other hand, you've got some bod on mumsnet who thinks they do a pretty good job actually... You be the judge.

Collaborate · 15/01/2018 16:54

What does the LGO have to do with OP's thread?

prh47bridge · 15/01/2018 17:11

Decisions of the LGO are not binding on either the council or the complainant. Their decision is not final. You can take the matter to court even if the LGO finds against you. If a council refuses to implement the LGO's decision the complainant can take them to court.

The fact that councils sometimes challenge or ignore LGO decisions does not in any way mean the LGO is not neutral. Far from it. If the LGO leans over backwards to find in favour of councils why would they ever feel the need to challenge or ignore them?

You have dealt with the LGO once. I have dealt with them multiple times. I have not won every case with which I have been involved and I have not agreed with all their decisions. But I have never encountered them inventing evidence and I have always found them to be scrupulously fair.

prh47bridge · 15/01/2018 17:15

What does the LGO have to do with OP's thread

Nothing really. It came in because NewspaperTaxis thinks the LGO is dodgy and therefore concludes that ombudsmen cannot be trusted.

HennaTattoo · 01/02/2018 15:14

You need to use the firms own complaints procedure ( if you can find out what it is). They will then send you a standard letter to tell you they are looking into it. Eventually you will receive a lengthy letter of explanation refuting your complaints and back handed apologies ( We apologise if this matter has not proceeded in the way YOU think it ought..).At which point you can take it higher if you wish. Sad to say they probably won't care, and yes I used to work on this side ( without being outing) until I learned my lesson and left!

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