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Original poster

INCOMPETENT SOLICITOR!?!?

27 replies

7777777 · 04/02/2006 15:05

Ive already posted this morning under another heading "cant believe the solicitors letter ive just received", been advised by a mumsnetter to repost with the different heading to see if any one can advise.

my solicitor forgot to tell me of a court hearing which i didnt attend as i didnt know about it. subsequently the correspondence i have received from ex's solicitor and the courts are suggesting that i could be liable for costs and they will make a decision in my absence if i dont go to the next court case. obviously i will because i know the date.

i feel that my position has been prejudiced now through no fault of my own in the eyes of the court.

do i complain about the solicitor? inform legal aid?do i write to the judge to let her know that it was not my error in not attending court

OP posts:
Original poster
7777777 · 04/02/2006 15:37

,

OP posts:
Original poster
7777777 · 04/02/2006 16:01

any advice pleeeeeese

OP posts:
BudaBabe · 04/02/2006 16:17

Oh my God! Don't know what to advise but that's terrible. What a crappy solicitor.

Hope someone has advice for you.

Original poster
7777777 · 04/02/2006 16:38

bump

OP posts:
Original poster
7777777 · 04/02/2006 17:17

bump

OP posts:
Mosschops30 · 04/02/2006 17:18

Message withdrawn

Freckle · 04/02/2006 17:24

Write to your solicitor and point out that any costs incurred as a result of their negligence must be paid by them and that they must inform the court of the reason for your non-appearance. If their response to this letter is not satisfactory, write to the senior partner of the firm. Then, if again the response is not to your satisfaction, report the firm to the Law Society.

You could also look around to see about transferring your case to another firm if you feel it necessary. However, prior to doing this, see what the firm says as anyone can make an error. What they have to do now is ensure that you do not suffer as a result of their error.

Mosschops30 · 04/02/2006 17:25

Message withdrawn

Freckle · 04/02/2006 17:32

Well, I doubt that anyone expects a mistake to be made. There might be a reason for the error, such as someone being ill and the letter not being picked up by the person looking after their matters. Not acceptable, obviously, but it can happen. And it may be that, having made such a basic mistake, they will be much more on the ball from now on.

Original poster
7777777 · 04/02/2006 17:41

thankyou ladies, myself and my friend have just spent 3 hours going through paperwork and writing a very good letter to the solicitor about their negligence and asking them to tell the judge and legal aid that the fault is on their side and not mine.

thankyou again for your great responses, much appreciated.

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Freckle · 04/02/2006 18:41

Where in Maidstone are you, 7s? If you don't mind revealing .

Original poster
7777777 · 04/02/2006 19:54

coxheath, you?

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chipkid · 04/02/2006 20:03

sometimes the Court fails to notify a solicitor of a Court date-so check that the error was your solicitors first.

Secondly, any solicitor that has failed to notify a client of a Court date due to an error on their part WOULD NOT allow their client to take the rap (unless they are a complete shower, in which case get the hell away from them)-If it is the fault of your solicitor then he/she is likley to make that very clear to the Court

You will not be liable in costs for a hearing that you know nothing about-your solicitor will pick up any costs that were wasted last time.

Please do not worry these things happen a lot-it will not prejudice you in the eyes of the Court. An early written explanation will suffice to put this issue to bed

Freckle · 04/02/2006 20:14

I'm quite close to the town centre. We could meet up if you want a chat.

Original poster
7777777 · 04/02/2006 20:24

chipkid, my sol wrote to me saying it was her fault because she forgot to tell me about the date BUT she told the court it was due to my legal aid not being in place, which it is.

freckle, yea love to meet up, only work mon and tues, think your email on the other thread wasnt it so i can email you

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cod · 04/02/2006 20:26

Message withdrawn

cod · 04/02/2006 20:26

Message withdrawn

cod · 04/02/2006 20:26

Message withdrawn

chipkid · 04/02/2006 21:13

7777777-would not be happy about solicitor using your legal aid as an excuse for not doing her job! Is she saying that because no legal aid could not contact you by letter because she would not get paid?
think maybe you should look elsewhere

Original poster
7777777 · 04/02/2006 21:20

after reading the messages on hear tonight chipkid, im wondering if all that time me and my mate spent writing the letter is wasted

the letter from my solicitor today stated " it was an oversight on my part that there was a hearing blah blah blah....

with that was aletter from his sol stating that "further to our teleph conversation (to my sols)we have informed the court that your client is experiencing public funding difficulties" (i am not) and the court are concerned that i did not attent

the new court order states that if i do not attend court (which i am coz i know the date!) i will be liable for his costs

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Original poster
7777777 · 06/02/2006 21:09

hi to all who gave advice, ive today posted a letter to my solicitor about her negligence of not informing me of the court date etc etc and i also wrote to the judge explaining that i didnt know about the court case so thats why i wasnt there. i think i'l see wot my solicitor has to say for herself before i discard her and represent myself, and hopefully the judge wont see me as a court refuser now!thanks again

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DominiConnor · 06/02/2006 23:44

The implication here is that someone has been lying to the court. That's career suicide for a solicitor, big time.

JuJuMoo · 13/02/2006 19:58

Hi, gosh, that is a BIG mistake for your solicitors to make! B**tards! My hubby and I had problems with our immigration soicitor (asked for a blank cheque, falsified our signatures, etc...etc..) and we immediately wrote to the Law Society. They have investigated and awarded compensation (£575 but due to go up pending further investigations.) I would make sure that you send a copy of your letter with a seperate covering letter to the Law Society - it will really put the wind up your solicitor if she knows that you have informed the Law Society too. Although it sounds formal, the folks at the Law Society have been very helpful and I'd make sure you push for the outcome you want (including compensation) ... good luck :-)

Original poster
7777777 · 13/02/2006 20:16

thanks jujumoo, glad you got your case sorted out. i wrote to the solicitor and the judge. solicitor wants a meeting at the end of the month, she avoided any mention of her lies in the letter. im taking a friend to the apt who has been through this sort of thing before. im gona see wot shes gota say and if i dont like it, il tell her i wont be requiring her services any longer

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ProfessorGrammaticus · 14/02/2006 18:29

I'm not sure that's right, DC

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