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Original poster

Rejected by solicitor - no reason given

16 replies

Magicroundabout321 · 13/03/2019 14:00

We used the service of a solicitor a few years ago and were very happy with him. His final letter to us said it was a pleasure acting for us and he hopes to have th opportunity of doing so again in the future.

We need a solicitor again now for a very similar task so returned to him. He has now retired, so we asked his colleague. The colleagues worked together and were joint directors.

They refused to help and gave us the number of another local solicitor instead.

I asked what the reason was for them not helping us this time and not even giving us an appointment. They didn't have a reason.

Is this ethical? Shouldn't they give a reason e.g. too busy, not their area of expertise etc?

We have since contacted the solicitor who acted for the other party last time, who is happy to help. We therefore have someone now, but I can't help but feel rather hurt somehow and that this can't be right.

If they don't have to give a reason, it could mean that e.g. racism or whatever could go unchecked, wouldn't it? I don't mean that was the reason in our particular case, but I do wonder what was.

Thanks for your thoughts on this.

OP posts:
SeptemberDays · 13/03/2019 14:05

But if their rejection was based on conflict of interest then potentially telling you that would tell you the other party had engaged a solicitor and therefore be breach of confidentiality?

No idea really, but trying to think of a plausible reason that they couldn't/shouldn't give an explanation.

Original poster
Magicroundabout321 · 13/03/2019 14:08

Hi September Days

Thanks for your response.

The other party this time is a friend, and hasn't got their solicitor yet. We are buying from them.

Last time it was a friend too - it's all connected to purchasing.

OP posts:
Original poster
Magicroundabout321 · 13/03/2019 14:10

And 100% legal and nothing even vaguely shifty.

They recommended another local solicitor who appears to be uncontactable.

All really odd. I'm not used to this and it doesn't feel good. If they'd said why, it'd have been totally fine...

OP posts:
Thiswayorthatway · 13/03/2019 14:12

Maybe they are just too busy already?

Fridakahlofan · 13/03/2019 14:16

I really wouldn’t worry. I used to be a property solicitor and my firm rejected work for all sorts of reasons. The most common was probably because we hated acting on mortgages for a few banks because the banks’ own teams were SO slow it made us look bad and our clients angry. It just wasn’t worth the hassle.

The solicitor doesn’t have to give a reason and it might just be down to the fact that they can’t be arsed with that particular transaction right now.

If, last time, you paid on time and let the solicitor get on with their job (rather than micro managing) I very much doubt it has anything to do with you!

Original poster
Magicroundabout321 · 13/03/2019 14:21

Thanks, Thiswayorthatway and Fridakahlofan

I appreciate your replies and I'm sure you're both right :-)

OP posts:
jemihap · 13/03/2019 17:59

Thiswayorthatway - I very much doubt any conveyancing solicitor has ever turned down work because they're too busy... that's why they're all so hopelessly slow whenever you do engage them!

1Wanda1 · 13/03/2019 18:10

I am a solicitor. The most likely explanation is a conflict of interest. If so, they don't have to say conflict is the reason, as that would tell you that they act,.or have acted, for your counterparty on this or a related transaction. In doing so, they would breach their duty of confidentiality to the other party.

Thiswayorthatway · 15/03/2019 16:02

My conveyancing solicitors are very efficient!

Spiritinabody · 15/03/2019 18:02

There isn't any conflict of interest in conveyancingis there? Isn't it perfectly acceptable to act for both buyer and seller? I think it would cut down on the time taken to completion.

adulthumanwolf · 15/03/2019 18:03

I'm sure I read this thread already this week. Have you posted twice?

wishingitwasfriday · 15/03/2019 18:45

A firm of local solicitors wouldn't act for us as they were too busy. Eight months later (and our sale falling through) they are now acting for our new buyers. No racism, sexism or any other ism', they were just too busy then and now aren't.

OVienna · 17/03/2019 10:31

@Spiritinabody I'd be shocked if you could act on behalf of both the buyer and seller in any transaction. We bought a property a few years ago and the EA recommended the seller's solicitors. HmmThe indemnities we would have been advised to agree to would have not been in our interest. I wouldn't want my solicitors acting fir the buyers either. Would you?

OVienna · 17/03/2019 10:35

OP - any CCjs or Leins against your property? If you own companies is there anything going on with the filings in Co zhousr? Involuntary strike offs etc. It could be worth Googling yourself to see if there is anything weird going on that they could be seeing. It could be a KYC issue picked up in an amateur background check. Worth looking into.

Redyoyo · 17/03/2019 21:55

Some solicitors aren't on the panel of approved solicitors for some lenders, this can change weekly, could it be that?

Original poster
Magicroundabout321 · 19/03/2019 18:46

hello everyone

thanks again for your replies!

1Wanda1 that's not it with this, but I appreciate your reply and I'm sure that's often the reason why it could happen.

Spiritinabody - totally agree with you :-)

adulthumanwolf - yes, I posted it once then thought I'd put it in the wrong place. I couldn't find out how to move it, so re-posted where I thought I should have done the first time. Didn't deliberately post same thing twice for effect or whatever - apologies if I broke a rule with this.

wishingitwasfriday - that's good they helped you later on. This was weirder, and not racism or whatever -ism (I never suggested it was in my case). They aren't too busy.

OVienna - we are happy for the same solicitor to act for both. That depends on each unique situation I think and I can certainly see that it wouldn't always be wise.

And no CCjs or leins (not even sure what that means) and no, never owned a company. That's a bit worrying about it possibly being things coming up online about me - no idea what that might be. Nothing at all on Google; where would they look? I've never had any debts apart from the mortgage, neither has my husband. Always pay bills immediately etc. Thanks again for your ideas, really appreciate your reply!

Redyoyo - thanks, but no lender is involved.

Luckily, we have a solicitor happy to help, so all's well.

^It just took me aback when the others reacted how they did because I'm not used to that sort of reaction - I will have to put that down to my lack of experience in these things. I'd have expected e.g. "sorry, but we're really busy right now and can't take it on", or similar.

The people they recommended also said no and that is really why it felt so weird combined with not being allowed to actually speak to a solicitor - only the receptionist. I won't be going back to either of those in the future, obviously.^

Thanks everyone :-)

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