Received poor legal advice - anything to be done?

[Mamma18282]

My family engaged with a high street law firm to draft a legal document. I voiced my concerns to the solicitors about its limitations (it was very inflexible) but they said this was the only way. We trusted their advice (there were two solicitors) so it was signed off and paid the invoice.

We have since sought advice from other professionals and solicitors and learned that the document was poorly written, and that there were in fact other flexible options available that would have been far more appropriate. The document can’t be altered so we have to start over, several thousand pounds poorer and now months behind.

I know this is on us for not educating ourselves beforehand - we should have sought out a specialist solicitor rather than a local high street one.

I’m not really expecting to get any money back since the document does exactly what the solicitors said it would do. But I’m pretty angry that the solicitors had minimal understanding of what they were doing but took us on as clients and advised us anyway.

Is there anything we can actually do about them? Make a complaint, leave a review? My family don’t want to stir things up and I do feel there’s no point in going back and asking them to redo it if they are in capable.

Do we put this down to “too bad, you get what you pay for”.

I believe you can make a complaint - and even take it to the Ombudsman if you had poor advice.
A relative of mine had terrible service regarding probate for a will, and she complained. Still ongoing - so be prepared for it to take a while!

It’s all explained here:

www.legalombudsman.org.uk/how-to-complain/

Thank you, that’s really helpful.

I was going to be vague but I would like to know if others think this is worth complaining about:

1. My family asked for a discretionary trust to be drafted - it’s labelled as much on the deed - but the language is written as a bare trust where funds are handed over at 18.

2. I asked if it was possible for the funds to be handed over gradually over the lifetime of the beneficiary explaining my reasons why, and the solicitor said no, the beneficiary would get all of it at 18. Perhaps he meant no, this was not how the draft was written. But he didn’t say that it could be written differently to allow for what I wanted.

What kind of resolution or decision could the ombudsman come to?

We don’t want the law firm to draft a new trust deed if they don’t know how.

Ideally we would get the fees back to put towards the cost of a new trust and closing the old one.

Is the ombudsman decision published anywhere so there is a record that a successful complaint was made against them?

I had to complain about an unbelievably inefficient and unprofessional solicitor who handled my mother's probate. It turned out she was only just qualified and untested as to office admin and procedures, and she caused no end of problems and stress, including taking sides between myself and other executors, and causing strife between family members by making umpteen negligent mistakes and telling untruths. She also delayed payment of our inheritance by over a year. I complained to the firm and a senior partner handled it. He could hardly be bothered to read what had happened, and tried to minimise the effects of all she had done wrong. In the end I got just a few hundred pounds compensation which did not even come near the losses and trouble she had caused, or reflect the impact of stress on my health.

I am not sure the Ombudsman scheme was in operation then.

You can complain to the Law Society, but they are a trade organisation representing solicitors, so probably unlikely to help much. Sorry to rant, it still rankles, she was so awful. She took no responsibility for the havoc she caused, seemingly having a heart of stone. Unbelievably, I see she is now a partner in the same firm.😰
They seem to be able to get away with such things, but I hope you can at least pursue getting reimbursed for your losses.

[Post edited by MNHQ at poster's request]

Had a similar situation with solicitor’s who poorly handled a property dispute and we went to the Ombudsman’s who launched an investigation. Their findings documented a number of issues and suggested a range of compensation, which was eventually agreed to by the solicitors.

You will need a clear document trail, and patience as it isn’t a quick process, but we found them to be genuinely impartial.

I absolutely would complain about that! You asked for a discretionary trust and that’s not what you got! I’m a solicitor (family law, not trusts) and consider that really poor and incompetent. I’ve not done trusts since law school but know the difference… I would go through the law firm’s complaints process first to try to get some money back and if that doesn’t work, go to the LO.

You need to complain to the solicitors firm first and give them an opportunity to put things right. I don't think what you requested is particularly complicated so they may well be able to fix it. If you aren't happy with the outcome of your complaint then you can complain to the Legal Ombudsman. They do publish their findings.