Anyone any experience of dealing with SRA and reporting a solicitors behaviour ?

[peridito]

I'm beginning to wonder if they are even bothering to read the content of the emails I send in reply to their requests .

They never respond to any of my queries ( eg why can't document X be considered when the submitting solicitor has confirmed in email that this was the doc sent to court ? ) and their latest reply is almost entirely devoted to querying an accusation ( that we have not received payment ) which we not only have never made but in all our communications with them have clearly explained that we have received .

They seem to be keen to completely ignore why we are contacting them - to draw their attention to the actions of a solicitor .

They dismiss the incorrectly completed ( by which I mean ticking a box to indicate that something doesn't exist ,when we have shown that it does ) forms submitted to UK gov depts because they "don't show intent " . Even though we have shown that this wasn't a one off error and given other examples of the same error/action .

Are they normally like this ? I feel I am just banging my head against a brick wall .

Could our case have been assigned to a very inexperienced person ? Is there any way we could ask for someone else to look at it ?

I am really worried that they will soon just dismiss the whole thing because they feel they've spent enough time on it .

@greenberet Barristers appearing in a case where the judge used to belong to the same chambers is quite common, and is not improper at all. A colleague of mine is a personal friend of a judge, and her cases are often before this judge. Barristers from the same chambers often appear opposite each other in a case. There is nothing wrong with any of this. At all.
Babybarrister, for a genuinely super reason, no longer posts on these boards, unfortunately.

Friend who is going through a particularly horrendous divorce (domestic violence, emotional and financial abuse). Feels like she is now being bullied by her solicitor. All this solicitor talks/shouts about is her bill and has she started to sell the family home as her bill is now £00000s. This solicitor knew of friends circumstances and said that she would wait till the divorce was finalised before she would get her bill.

I had to corrrect some of the forms that the solicitor supposedly filled in.

The biggest kick in the teeth was when the solicitor asked my friend what she thought she might do when everything was over.
Solicitor scoffed at her plans because solicitor thought she was incapable. Solicitor said all she could cope with is buying a little 1 bed flat and living off benefits for the rest of her life.

@Xenia - sorry i didn't mean this offhand - you seem to know a lot and i was wondering if you can be of help - i have no qualms about identifying myself - anything i say on here i'd say anywhere - otherwise i am only kidding myself and whats the point?

we are all looking for answers - we are stronger together thats all

@Collaborate says it all really doesn't it? - where do their loyalties lie to the paying client or the personal friend who can perhaps give them a step up in their career?

Friends stbexh presented incomplete documents at court and was made to pay for the whole proceedings. The Barrister she has is completely the opposite of her solicitor. He actually is fighting for her. Solicitor never came to the court.

@Oliversmumsarmy - get your friend to read this thread - ofcourse the solicitor will wait and how much more will she rack up in fees before its all over

this is exactly what my solicitor told me - that the house had to go - even before the company was valued - that there was no other option - and then held the proceeds of the house sale on account - how handy? this was after working her way through proceeds from breast cancer diagnosis and payout just as marriage ended - without this would not have been able to afford solicitors - fucking joke! -

I had doubts about my solicitor but when you find out your X has been cheating it squews your perception and stupidly you think you can take a solicitor at face value - especially another woman who "said" she had been through the same - disgusting woman - only interested in boosting her own profile - my kick in the teeth - used everything i told her to update her website and say this is how we deal with abusive cases - complete and utter bullshit!

@greenberet their loyalty lies with their client of course. Their friend on the bench or on the opposite side is mature enough to recognise they each have roles to play. It’s called being professional. I’m sorry you don’t get it. If your complaint about your barrister is that there is this tenuous connection with the judge, or the other side, you’re going to get nowhere and rightly so.

I’m out.

@Oliversmumsarmy - where did she get her barrister from was he recommended by solicitor? or did she go direct access if you don't mind me asking - only the last one i used i believe had any integrity and she was old school!

maybe at this age they are genuinely keen to help rather than in it for themselves?

and @Collaborate as I had to act for myself at court hearing - through no choice of my own - got let down 2 days before by a second barrister who was the judge going to listen too - an old pal? or a LIP that she will never come across again - even her maths was wrong in the final settlement and when i emailed her she dismissed it and dismissed it at a further court hearing - how is this proper?

and i have seen babybarrister pop up she was on the other thread i am talking about where someone is questioning the timing of statements and how although these are meant to be "open and honest and fair" are just another part of a game with tactics used to throw other party offguard - why else would they present these just as get to court - if its due to time management as is often the excuse then they are taking on too many cases! the only person who loses out is the bloody paying client

@Collaborate - of course you have to say that - and yes roles to play - couldn't agree more because to them it is all a game - but they forget they are messing with people's lives - that they are selling the family home from under the children's feet - that their decisions effect people so much so that they question whether it is worth living - do you know what it feels like to relaise you are being emotionally and financially abused by someone you are married to for 20 years and then to have this happen all over again by your solicitor - all in the pursuit of ££££ - no of course you don't - because you bail out.

i get professional - professional means you act in the best interests of your client - you don't say one thing and then further down the line contradict yourself - over and over again - and then try and bullshit your way out of it - especially when documented in email - no my complaint is nothing to do with this tenuous link - that is just one aspect of this whole farce - but you've already told me even if i have a strong case im unlikely to get anywhere - where is the integrity? where is the open and honest interaction? - just words at the end of the day - no sincerity behind any of it!

@Collaborate sorry got it wrong babybarrister was not on thread re statements - maybe it was an old thread i was reading

A lot of solicitors spend a lot of time in some cases for very low pay helping people day in day out. Sometimes things go wrong and of course loads of people choose not to use solicitors which is fine too - their choice.

I do nothing of help to anyone on here, just business stuff, but like many lawyers we try to be helpful so some of us chip in here where we can.

This is outing but thought I’d share...

My elderly DF was in a car accident. He suffered what seemed to be at the time relatively minor injuries but the other driver ended up with a serious back injury. He was advised to get a solicitor so he went to a firm in Scunthorpe (his local town).

They took on his case and asked more details about the other driver than him which we found odd. Long story short, turns out the solicitor then went to the hospital to see the other driver and ask to take on his case.

We had no idea so for months DF was being advised to do things like prepare a witness statement explaining how it was all his fault (it wasn’t) and send a written apology to the driver.

Sadly one of DF’s injuries turned out to be worse than it first seemed and so he went to see a medical expert, through his GP as the solicitor refused to send him to one. He had suffered permanent nerve damage in his neck. He told his solicitor and asked for the report to be included in his case but he said ‘it’s irrelevant, just take some paracetamol’. DF then threatened to change solicitors and was told if he did he’d have to pay them for all of the work they’d done so far which was ‘worth more than his house’.

He did change and we found out about the solicitor visiting the other driver in hospital when we met his mother at court. Turns out he’d been acting for them both from the very beginning and rubbishing his case to improve the other as that was more valuable.

DF’s new solicitor advised him to complain so he sent a letter to the firm. The solicitor responded with a very rude phone call and said he could get the ‘partner’ to call if he was still unhappy.

He then received a phone call from someone who later turned out to be his colleague (not a partner) who said his complaint had been dealt with and no misconduct was found. He said he’d go to the LO and she said they’d withhold his money if he did.

So that’s where we were up to but then sadly DF passed away. I’ve considered complaining on behalf of him but to be honest I’m not sure dragging all of it up again is good for any of the family. Now that I’ve read these stories I’m even more sure it’s not worth it.

@xenia of course they will say that in their magazine. You won't hear about the cases that never got anywhere. Same with the police you always hear about the people who are convicted. Not the ones who still carry pn commiting crime and never get caught.

I prseume you accept the cases of people being struck off every week of the year are indeed people being struck off? So if so then I think we are pretty much in agreement - that lots of enforcement goes on (and those who are unregulated and not solicitors are not subject to that) but of course yes people get cross in all sectors of society and some cases fall through the cracks, as with the police and in many other areas. We all need to be vigilant.

MS, that sounds a dreadful case. I would ilke it much much harder to become a solicitor with much tougher exams on professional conduct than we already have.
I have never liked no win no fee changes too. If it were a lot simpler and people just paid for the advice it would lead to a more professional environment too.

I'm not knocking the solicitors that do a good job for little pay -I'm talking about those that knowingly and deliberately go about their practise with a view to making as much money as possible out of vulnerable people.

You presume that a well respected firm (apparently) when they tell you they have experience of your type of case do so - that when they tell you that an offer that has been offerered will not be enough for you to survive on is meant with integrity - when they tell you they are on top of things and not to worry you trust that they will act on this - not ditch you 6 weeks before the trial because you have started to wise up and caught up with one of their errors that had they picked up on at the start could have meant things went in a completely different direction.

Then when you make a complaint against the MD no less someone appears to be drafted in to deal with your complaint but then no longer happens to work for the company.

All advice documented in emails - and then complete fabrication of events to cover their own arse - this is what I'm talking about!

Had my case been simple I doubt I would have questioned the fees - had they been true to their word I would not have questioned things but when you ask a question and get fed bullshit - that you can prove is bullshit it makes you question everything and that what they didn't like - caught out in their actions and then continual bullshit to try and justify it.

@greenberet your situation sounds awful. I'm so sorry and I'm sorry I have no advice on how to stop them. The fact you have proof is good. You need to use it as much as you can. Have the SRA asked for any evidence yet? Get call recorder on your phone and save every conversation you have had. Write a diary of what was said to you with dates times ect so fresh in your mind. They sound like cowboys I really hope you get some kind of compensation. My case was a Child Arrangements Order so it was awful. Thankfully legal aid in her words "decided" that they were no longer going to fund my case. I have my suspicions on how that went about. In some ways it was a blessing in disguise as I had rid of that firm and found someone who was really good in the end.

And you might need permission though before you can record people - I ought to know the answer to that but it's not within my area of work so I don't. Just check it first before recording.

You should talk to the SRA about phone recordings being regarded as evidence if this might be a consideration .

In my case a voice mail could only be considered with expert witness verification .

True. But if they were doing their jobs properly and professionally people wouldn't have to go to that length to hold them accounatble. People should always be held accountable for wrong doing, how else will things change? This is peoples lives and it shouldn't just be "another client" I would say the same for any profession. Mistakes happen but there is a difference. A genuine mistake means taking responsibility and doing everything they can to put it right. Rather than covering up and manipulating the situation potentially making a mistake a worse mistake. Yes you should check if this will be accepted, however, this shows just one aspect of why it is difficult to prove wrong doing.

Friends barrister she got by a fluke. (Too outing to say what happened to the first). A day before the first court hearing.

I think she only got him because he was the only one free.

With hindsight we were wondering if the original barrister chosen by the solicitor would have been working as hard for my friends interests.

Thanks for the support @Kattyscatty - any dealings I now have are in writing although funny this LO were trying to suggest we have a phone conference to try and resolve as this way it would be clearer.

I have said that if the solicitors are unable to make their position clear in writing then this is an issue in itself - part of my issue is I have depression and find face to face/ phone conferences v distressing and so I am vulnerable to being influenced - this is what happened - only given partial information make decision based on this due to wanting whole situation over and done with and then find out more information that meant I could have done something differently. But by then it's too late.

I gave them plenty of chances to come clean - they kept covering it up with all sorts of bullshit that just made it obvious.

Oliver'smumsarmy Lucky friend

It was pure luck. But it shouldn't be.

There is something very wrong that a Barrister she got because of circumstances beyond her original barristers control worked more for her in the few hours she saw him than her solicitor who she is paying tens of thousands of pounds to and who bar filling out forms (sometimes wrongly) and adding up who gets what (calculator obviously wasn't working that day) has done nothing but shout and undermine my friend from day 1.

As I said before the original barrister was chosen by her solicitor and we are left wondering if that person would be a mirror of her solicitors attitude.

Solicitor will be back from holiday tomorrow and wonder what will happen when she reads what friends Barrister has asked for as a minimum.

Friend thinks the proverbial shit is going to hit the fan.

It’s difficult emotionally to deal with divorce and separation and many legal issues that affect people personally. Lawyers do need to make a living though and do need to be paid, some people seem to expect miracles for pennies. Often expectations are just unrealistic as to what can be expected from a dispute. I have personal experience of warning people of an outcome, of course they don’t listen and later claim you never mentioned it. That’s not of course to say there are no bad eggs but there is a farirly robust disciplinary system for solicitors, more so than any other profession.

Green beret, I can’t really follow what went on in your case or what you think either the solicitor or barrister did wrong. I am sure it is difficult but I can’t really pass judgment as it’s difficult to follow. There’s no issues with barristers being in the same chambers as judges were previously- if you have actual evidence of bias though, that’s different.

some people seem to expect miracles for pennies

No one is asking for miracles. Just asking that a solicitor can add up. That they can fill out a form correctly and work in a clients best interest. Not missing out that friend jointly owns a house so splitting the presumed equity 50/50 and not allocating it all to the dv emotionally and financially abusive stbexh.
Friends solicitor can't even fill out friends form to get the decree nisi after nearly a year.

If you think your solicitor isn't doing a good job, change them.

Don't spend tens of thousands on them. Just go elsewhere.

It really is that simple.

@greenberet have you asked them if you can get something in writing to confirm what was said in phone conference? Or even take notes on what is being said to you and email them to confirm what was said?

@zsazsa People are emotional in divorce so they should be put at ease. It saddens me that people have such low expectations on how solicitors are meant to treat their clients. Plus how do you know the profession is well regulated have you had any personal experience of the SRA?

@oliversmumsarmy you are right you should expect the basics like filling out forms correctly to be done properly. Small technicalities can become big problems in court. People can lose cases on errors that seem insignificant.