I have had an issue with a relative's probate lawyer (I'm the co-executor and beneficiary, eventually sorted probate myself as it was a straightforward & low value estate when my co-executor stepped down). The law firm were never engaged to act as executor and put many early obstacles in my way, including lying to me outright on multiple occasions (e.g. that I am "not allowed " to read, view or copy the will without all named executors being present in the same office with ID despite the fact that we live in different countries i.e. they wouldn't let me see the will if I travelled to their office, and refused to make me an appointment to read it).
I complained to their managing partner who rejected my complaint. He said that, as they did eventually write an email stating how I could get the will released, after many weeks (which contradicted all their earlier communication), there was no problem. They did not dispute how they'd impeded me before that email was sent (i.e. they didn't refute or comment on my version of events of their blocking the will being read or released for weeks). They didn't reply to my request to not destroy any phone recordings.
All I asked for was an apology and a promise to do better with will release clarity/process improvements the next time around. In short, make it clearer and offer transparency about what the will release process is, and what ID is sufficient, without weeks of lying and wasting people's time.
They didn't engage further beyond that final response.
It went to the Legal Ombudsman who has just rejected it saying that the firm could have acted better, but they can't hold them to perfect service, only a reasonable one. They said the firm's service was reasonable and dismissed the case with "The relevant part of rule 5.7 here is provision a). It allows for a complaint to be
discontinued or dismissed where, “it does not have any reasonable prospects of
success”."
I'm very disappointed obviously. I genuinely believe that the firm was shocked at my dealing with the estate myself and had expected to be appointed to execute it for us i.e. they expected the elderly relative estate fees, and actively lied to me about the prerequisites needed to release a will as a result. (I've executed estates before and this one was no big deal so they were never going to get the business no matter what Kafka crap they invented to tell me.) I think sending 1 email weeks later with the "real" answer as a paper trail that the legal ombudsman has said was sufficient is... Not great.
I think this firm deals with estates in such a way that laymen can't get wills released transparently or effectively. I doubt my experience is isolated.
Are there any other levers I can pull on this? I have dates, timestamps of conversations and 1 independent witness who heard their employees telling me I can't do anything with the will unless all executors were there in person together (colleague overheard the conversation on speakerphone). But until that 1 "cover their arses" email not much in writing.
Do I resign myself to the fact I can't do anything to hold this legal firm to a better service level..? I'm planning to speak with my home insurance legal team soon.