I am in the middle of a legal case but have an unresponsive solicitor. It is a problem that has proved difficult to resolve as they were chosen by the insurer who resisted a change of solicitor through various means. Therefore, I am currently stuck with the situation but unsure what to do and cant get advice from solicitor who doesnt return calls or respond to complaints!
My dilemma is that there is a pre-trial review for our case scheduled to happen imminently. I only know this because it was on an old set of court directions and I called court enquiries to check it had been adjourned. However, it hasnt been adjourned although the solicitors told me it had. The solicitors will not have obtained the evidence ready for trial yet and cannot have complied with the court directions - I know this for certain. They and the other side had agreed a consent order for adjournment of pre-trial review and trial and sent it to court as neither side were ready. However, as the pre-trial review hearing has not been cancelled by the court, I was considering asking if I could attend (as an observer, not to speak). Is that an unusual request when a person has legal representation and would it raise eyebrows if I do? The hearing will be remote, may a phone call or teams hearing , I don’t know what has been offered as I have not been informed. Also, if my solicitors dont attend the hearing would the judge then expect me to speak and answer questions? I want to observe because I want to hear what the judge and defendants’ solicitors say as I suspect my solicitors may be criticised. I feel the current solicitors are letting me down and finding out what is going on may be advisable. However, I am not equiped with the information nor skilled to argue my case to the judge if my legal representation doesn’t attend and if forced to do so it might invalidate my insurance cover and result in me being blamed if the case is thrown out! I also couldnt really justify the delays to the judge, as in my view they were the solicitors’ fault for inaction so it is rather awkward! The only positive thing I could offer is that I am doing all I can to move the case on (including turning up to the hearing and answering the judges questions if my solicitors don’t). What would you do in my situation? And would I have to arrange attendance through my solicitor or would the court accept a direct approach from me? It is a one-and-a-half hour wait on the the court enquiries number to ask them that directly, hence wondering if anyone knows if it is even worth me calling them directly to ask if I can join the call or teams meeting!