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17-05-2012, 19:10   #1
ogriofa
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Changing solicitor - access to files?

Hi There,
I have a family member going back to court. Their solicitor was pretty poor and is showing very little interest in working on the return leg. (separation)

I am suggesting that they go to another, more clued in, solicitor. They have been given a name of a good one but we want to avoid starting from scratch.

Q: Can we get the files from the case from the 1st solicitor?

Many thanks for any help!
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17-05-2012, 19:23   #2
nuac
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Entitled to get your file, but would have to pay for work done to date ro come to an arrangement with yuour first solicitor.

Your proposed new solicitor would advise
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17-05-2012, 19:43   #3
Tom Young
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Ahern v Min for Agriculture & Foods [2008] IEHC 286, per Her Honour Ms Justice Laffoy.
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17-05-2012, 19:44   #4
ogriofa
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Ah, very good. Thanks.
Now, for extra points... Can these things be a bit awkward? Is there a discrete way of asking for it?
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17-05-2012, 20:03   #5
Tom Young
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If you're account is clear, all bills paid. No awkwardness at all.

No need to be discrete. Phone up, tell them AN Other firm is handling the residual issues and to please forward on the file.

The trade secret: If bills aren't paid, then files may not move. Simples.
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17-05-2012, 20:22   #6
ogriofa
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great, yep all cleared up.
Thanks a lot!
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18-05-2012, 08:34   #7
Milk & Honey
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Usual method is to go to new solicitor, give him a letter authorising him to take up the file from the first solicitor and then the new solicitor writes to the new solicitor showing the letter you have given him and requesting the file.
No solicitor will release a file on a phone call.
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18-05-2012, 08:39   #8
Tom Young
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That's true actually, re. Phone call. But the initiation of a conversation usually would be a start
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18-05-2012, 13:42   #9
Kosseegan
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Originally Posted by Tom Young View Post
That's true actually, re. Phone call. But the initiation of a conversation usually would be a start
The start of another item of charge? The solicitor will say send me a letter of discharge and the charge for the time taking the telephone attendance.
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18-05-2012, 13:48   #10
Tom Young
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The start of another item of charge? The solicitor will say send me a letter of discharge and the charge for the time taking the telephone attendance.
Unlikely. Though if you were to believe that Freeman on Land ****e, yes.

Solicitors are not all evil.
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20-05-2012, 21:55   #11
nuac
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I think TY meant that it would be courteous to phone your first solicitor to say you are changing offices. You dont have to do this.

However your first solicitor will need a written authority before sending on the file.

If there are a lot of documents involved these may have to be listed, and the list receipted on delivery.

Your first solicitor would be entitled to a modest charge for that.

Last edited by nuac; 20-05-2012 at 21:58.
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15-09-2012, 03:42   #12
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Quote:
Originally Posted by Tom Young View Post
If you're account is clear, all bills paid. No awkwardness at all.

No need to be discrete. Phone up, tell them AN Other firm is handling the residual issues and to please forward on the file.

The trade secret: If bills aren't paid, then files may not move. Simples.
Hi if a solicitor did not give you an estimate of costs in the first place,no itemized billing,pulled figures from the sky, moved the goalposts to suit themselves along the way, then start to shout from the rafters when you owe them money but conveniently forget to mention their costs at the first meeting, and the evidence was there to support this, is it not possible to change solicitor then? a hypothetical situation..
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15-09-2012, 11:19   #13
Tom Young
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There's a process called taxation that is designed to deal with such scenarios.

It can be the case that fees are difficult to determine.

People tend to treat lawyers like as though it's the Betty Ford or Jeremy Kyle. They should be paid for their time.

It wouldn't be great to have a pile of evidenced work and for a curmudgeonly client to have gotten it completely wrong.

Tom
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15-09-2012, 13:47   #14
Reloc8
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The start of another item of charge? The solicitor will say send me a letter of discharge and the charge for the time taking the telephone attendance.
You're saying this as a matter of general course ? If so, what a pile of rubbish
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15-09-2012, 14:39   #15
spokesman
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Originally Posted by Tom Young View Post
There's a process called taxation that is designed to deal with such scenarios.

It can be the case that fees are difficult to determine.

People tend to treat lawyers like as though it's the Betty Ford or Jeremy Kyle. They should be paid for their time.

It wouldn't be great to have a pile of evidenced work and for a curmudgeonly client to have gotten it completely wrong.

Tom
Hi Tom,

Your right, costs are hard to determine in most cases, but this does not prevent and is required.......to provide in writing how much an hour, and other regular charges. Using the "its hard to determine would not suffice" In my view, I think some solicitors take clients for dimwits.

The law is clear, but some solicitors dont adhere to it, build up the costs and file, and then say,,,hey where is my money, no money, no file.
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