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Legal matters

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Contentious probate

10 replies

Flibbertyflo · 21/11/2024 09:30

Our solicitor wrote an email to the opposing side's solicitor last Monday. We know it's been received but we have heard nothing back. How long should we wait before chasing this up? It's been 8 working days and the email requested a prompt reply from their client.

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Flibbertyflo · 21/11/2024 10:47

Gentle bump

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Another2Cats · 21/11/2024 14:41

I think it all depends who's doing the following up. If you want to chase it up yourself then, fine, go for it.

In contrast, if "chasing this up" involves your solicitor doing the work then that is going to cost you (at least something). Eight working days isn't a massive amount of time (unless there are specific deadlines approaching) so perhaps wait a while if it involves paying your solicitor or chase it up yourself if that is an option.

Flibbertyflo · 21/11/2024 17:16

Thank you. I think I might chase it myself because he charges me for every second it seems. The other side has been asked to provide documents promptly but we've heard nothing at all. If 8 days isn't long, how long should I leave before chasing up?

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Another2Cats · 21/11/2024 17:24

Flibbertyflo · 21/11/2024 17:16

Thank you. I think I might chase it myself because he charges me for every second it seems. The other side has been asked to provide documents promptly but we've heard nothing at all. If 8 days isn't long, how long should I leave before chasing up?

Give them another couple of days then send a reminder yourself

Flibbertyflo · 21/11/2024 19:43

Thank you, I'll do that. We just want to get things moving.

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Avidreader12 · 23/11/2024 14:41

surely your solicitor if it’s contentious should be the one advising if the other party is likely to respond. If you have asked them to carry out work why haven’t they told you of timescales likely outcome? The other party might be seeking their clients instructions if you are demanding documents are you sure actually sure you are legally entitled to these?. Surely if it’s contentious you can’t chase this yourself as presumably your using a solicitor for there legal expertise and you are unlikely to get much relevant advice from on anonymous forum

DelphiniumBlue · 23/11/2024 15:00

8 Days is not long.
It goes like this..solicitor (S1) sends email to the other solicitor (S2), who may have a huge caseload. S2 doesn't get round to looking at it for a week, and then sends it to their client asking them to comment/provide missing docs/. If they send it by email then it will arrive that day, and the person might deal with it immediately. But they might have to go through a pile of paperwork to find the answer, which may or may not be easily accessible, and they may or may not be in a position to find the info you want this weekend. And then they are away for work/busy till next weekend, and maybe it takes them 2 weeks to get back to their solicitor. So far, not unreasonable. S2 then has to consider what they've been given, and possibly advise on it before replying to S1 - that could easily take another week.
So with the best will in the world, that could easily be 3 weeks, and if there is not good will but bad will, it could well take longer.

eurochick · 23/11/2024 16:07

DelphiniumBlue · 23/11/2024 15:00

8 Days is not long.
It goes like this..solicitor (S1) sends email to the other solicitor (S2), who may have a huge caseload. S2 doesn't get round to looking at it for a week, and then sends it to their client asking them to comment/provide missing docs/. If they send it by email then it will arrive that day, and the person might deal with it immediately. But they might have to go through a pile of paperwork to find the answer, which may or may not be easily accessible, and they may or may not be in a position to find the info you want this weekend. And then they are away for work/busy till next weekend, and maybe it takes them 2 weeks to get back to their solicitor. So far, not unreasonable. S2 then has to consider what they've been given, and possibly advise on it before replying to S1 - that could easily take another week.
So with the best will in the world, that could easily be 3 weeks, and if there is not good will but bad will, it could well take longer.

I agree with this.

Also as you are known by S2 to have representation S1 is likely refuse to deal with you (they are not being difficult, it is an ethical point).

OnlyFrench · 23/11/2024 16:22

Do you know for certain that your solicitor sent the letter?

I went through this last year. Having approved the draft which gave my "opponent " four weeks to respond, I assumed it would have been sent straight away. When the four weeks had elapsed, I chased my solicitor to see whether she'd had a response. She had been "too busy " to send the letter.

I then received a further bill charging for my phone call to her, her calling me back when she got my message etc etc.

I refused to pay the additional bill and she refused to discuss the matter!

I went to the legal ombudsman. The bill was cancelled. I'm still furious but dropped my case because I lost confidence in her.

Flibbertyflo · 23/11/2024 17:02

Yes, the other side has definitely received the letter because they have been talking about it to others.
The documents could take time, yes. I'll give it longer.
I'm reluctant to chase our own solicitor because when we asked for clarification on something they'd written in the letter they charged us for it and informed us we'd nearly used up all the funds we'd lodged on account so £1000 to write and send a letter to the opposing sides solicitor and read and respond to an email asking for clarification because they'd totally confused us.

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