solicitors not doing their job - how do I resolve it?

[Soobee]

I got a well-respected local firm to do LPAs and wills for my parents a couple of years ago. Since my dad died we have found out they did not do what they were supposed to and as a result, we stand to lose a lot of money.

They have verbally admitted that they did not complete their paperwork but we have nothing in writing. The latest letter from them suggests we pretend that everything is OK and hope that no-one notices it is not.

This puts the onus and stress back on us as a family as we'd be always waiting for the call saying we had deliberately misled people. It also means that they do not have to sort out their error.

I plan to get a second opinion but of course this will cost money and have to come out of my father's estate. Are other solicitors willing to take on rival firms? Will it be too costly to us to pursue it? I used a solicitors so that this could not happen and here I am still pulling my hair out.

 

[CollegeGirl]

Hi - I have little/virtually no experience with solicitors and can't tell you what to do, all I know is that if this had happened to me, I wouldn't sleep at night if I went along with your solicitor's suggestion that you pretend everything is okay. Like you, I'd always be waiting for the phone to ring.

How about going to/calling the Citizen's Advice Bureau and ask them your question regarding visiting another solicitor? I don't think that would cost anything. Also lots of solicitors have a free-half-hour-advice service so maybe you could use one of those to at least get some advice on what to do next?

I'm sure someone else will be along soon with more practical advice than I can give, meanwhile, good luck, I think you're doing the right thing to question what your solicitor has suggested.

 

[Saffie]

I agree with college girl. I certainly would take further advice. I remember when I first found TP when seeking help with Deputyship, reading about a solicitor who had made a mess of the Deputyship somewhere along the line and this encouraged me do the application myself. At least I would have the excuse of being an amateur! I wouldn't go along with the solicitor's advice of hoping for the best - I'd want to sleep soundly at night!

 

[Jancis]

Have you made a formal written complaint to the solicitor? I suppose it depends on what you want them to do to resolve the situation. They are duty bound to respond to your complaint. If you're not satisfied with their response then it would be worth seeking advice from the Citizens Advice Bureau about whether you should take the complaint to the Legal Ombudsman. It's a long drawn out procedure but the firm might prefer to compensate you if you can prove how much money you have lost, rather than have to answer to the ombudsman.

 

[Contrary Mary]

I see Jancis has posted while I was looking at the Law Society website. Don't know if this helps at all

http://www.lawsociety.org.uk/choosingandusing/redressscheme.law

 

[jan.s]

We complained about a solicitor some years ago, who 'forgot' to send off the paperwork to Land Registry for our house! We received compensation for the stress and hassle it had caused. He tried to use a face saving exercise, but fortunately I had paperwork to back up our complaint.

Good luck.

 

[zigandzag]

Hi Soobee I am sorry you have the added anguish of incompetant solicitors to deal with as well as your parents failing health.

As Janis says start by making a formal complaints (in writing) to the solicitors. At the same time I would get in touch with the Law Society as contrary mary advised and/or the Legal Ombudsman.
http://www.legalombudsman.org.uk/consumer/toptips.html

either of those should be able to help you.

Good luck and keep us posted. x

 

[sue38]

Hi Soobee,

I'm sorry your parents' solicitors have let you down. I'm not sure whether the omission relates to the will or to the LPAs (or both ).

I think you have 3 options:

1. If the solicitors are prepared to try and put things right (although I don't like the sound of 'we pretend that everything is OK and hope that no-one notices it is not') and provided they do this free of charge then it's probably worth letting them do this. It might be the quickest and least stressful thing to do provided you haven't lost faith in them.

2. Make an official complaint. Normally the Legal Ombudsman will only take on your complaint if you have exhausted the solicitors' complaints procedure. You should make it clear to the solicitors that you wish the matter to be treated as a formal complaint and ask for a copy of their complaints procedure - every firm should have one. The Legal Ombudsman won't take on every case, if for example you're not the original client and, so it might be worth giving them a ring (0300 555 0333) to see if your case fits their criteria. They can only award up to £30,000 in compensation and you must refer the case to them within 12 months of becoming aware of it. I'm happy to say that my experience of the Legal Ombudsman is limited, but I have found that they are not legally trained, and sometimes have difficulty getting to grips with more complex legal situations.

3. Appoint another solicitor - most solicitors won't have a problem with pursuing a claim against another solicitor. Your original solicitors will have indemnity insurance to cover any claim. As others have said many firms offer a free half hour, and it might be worth getting a second opinion firstly about the suggestion 'we pretend that everything is OK and hope that no-one notices it is not', and secondly whether any claim would be successful. I would consider this if the claim seems complex, rather than something like the solicitors ticked the wrong box on the LPA .

 

[sharina]

Solicitors

It really depends what the mistake is.If it is a technicality that is not picked up by the Probate Office than you have suffered no loss. However you should not be expected to swear to the validity of any document that you know it to be incorrectly executed. This would be a criminal offence. your solicitor would be beyond the Pale if they expect you to do this.

It is difficult to know what to do without specifics.

However solicitors are under a strict duty to come clean about mistakes to client and to take no further action of the mistake is irretrievable.. In these circumstances they become conflicted. If the solcitor had made a mistake that was irretrievable unless they needed to make you lie or mislead for instance the Probate Court, they would have to advise you of this and advise you to seek indep legal advice elsewhere. If they fail to do so they are likely to be severely disciplined by the Law Society and possibly struck off.

In these circumstances any other law firm would happily take on the case against that firm. However suing solicitors is a specialised business and I would suggest ensuring that firm has a solid reputation in professional negligence cases and probate law. The Law Society should be able to advise on this.