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Problem with solicitor

  • 22-03-2006 5:56pm
    #1
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭


    Sorry to bore you with a long post.

    In sept 2003 my brother in law was killed in a RTA. There was no will left and all there was the cost of the cars finance and his life assurance. We asked a local solicitor to handle the case and probate. He said that it would be fine and he would handle it all. My parents in law been next of kin renounced their role and asked their daughter (my wife) to be the administrator. Inquest was in March 2004. As the estate was strauight forward we expected probate to be granted shortly thereafter. That's where things started to go wrong.

    The solictor would not do what we asked of him. We asked why things were going so slowly. Phone calls were not answered and the staff were surly. The only way to get some response was to write a stiff letter and we got some response and he would promise to speed things up.

    Probate was eventually granted in Dec 2005. Great we started to think that it would end soon. One of the creditors a well known finance company were breathing down our necks looking for their money. On his advice we contacted the bank and negoiated a settlement which was satasfactory to both sides. We told the solicitor of the news and he made my wife sign a letter authourising him to pay the bank. He promised to send them a bank draft within 7 days to pay them. He never did. First we knew was when the bank called us to tell us they had received nothing. They had been writing/calling the solicitor to get answers but he won't respond to them. We then wrote to him demanding an explanation of what was going on. I delivered the letter by hand to his office. That was over 2 weeks ago and again no reply has been received. The bank called again looking for their money yesterday.

    Everyone is now at the end of their tether with this. What can we do to get the solictor to play ball? I really wish we got someone else. I have no confidence in him at all now.

    I was thinking of sending a registered letter addressed to the practice making a formal complaint and giving them a week to respond or its off to the law society. Would that be too strong? Any suggestions?
    Please note that I do not intend to rely on the advice given as legal advice. Thanks to hullaballoo for allowing me to post this.


Comments

  • #2
    mountainyman
    Closed Accounts Posts: 2,268 ✭✭✭mountainyman


    I would suggest that you contact the law society in the first instance and describe the situation to them.

    MM


  • #3
    besty
    Registered Users, Registered Users 2 Posts: 4,010 ✭✭✭besty


    Bond, firstly, sorry I didn't get to respond to your PM. Secondly, sorry to hear about your brother and the unfortunate sequence of events you're encountering now.

    I think one further registered letter to the solicitor's practice outlining your intention to contact the law society if he continues to mess you about would suffice. To cover yourself, it could be an idea to send a copy of said letter to the finance company to prove you are not just avoiding the payment?

    Anyways, good luck with it.


  • #4
    grumpytrousers
    Registered Users, Registered Users 2 Posts: 1,884 ✭✭✭grumpytrousers


    Naw - take the gloves off. Fire off a letter to the Complaints Section (or whatever the hell they're called) at the law Society. This eejit seems to have you down for being a sucker anyway, so you might as well get medieval on his ass. I'd normally advocate a polite letter etc, but for gods sakes, 2 and a half years and creditors breathing down your neck.

    Letter of complaint to the Law Society is harsh, but fair; it's most effective if you obviously include any letters from him saying 'I've done XYZ and then a letter from the bank saying XYZ ain't been done'


  • #5
    EducatedGuess
    Closed Accounts Posts: 72 ✭✭EducatedGuess


    This seems to be going on for long time, but rest assured you are not the only person that has had to wait this long. Probate can take a long time and the fact that there was no will made it a bit slower. Nonetheless, it seems that you have done your best in the circumstances and your lawyer has failed to act in you or your family's interests. Write a letter [registered or not] to your solicitor requesting information on your file, an itemised list of actions that your solicitor has taken to date. You do not have to inform him/her that you are writing a letter to the Law Society. After receiving that information then make your decision about the letter to the LS. You would be making a complaint under Inadequate Professional Services [Section 8 of the 1994 Solicitors (Amendment) Act]. You have five years to make a complaint of Professional Services.


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