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Solicitors file

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  • 20-07-2006 11:01pm
    #1
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭


    Are you entitled to your file after a matter is concluded and you have paid the bill? Not looking for legal advice btw.


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


    "Your file" as in your solicitor's records on your involvement in the case?


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    #3
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    I am talking about a probate case which has concluded. I want all the documents back for my records.


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    #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Presumably the documents are either yours or generated by the solicitor for you in a contractual situation. Don't know any specific law society rules or case law on this, but I presume they are obliged to hand over your property as it were if you've settled all bills.

    Even if you agree in a contract for them to hold on to the documents I suspect it would be void as violating competition law.


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    #5
    Mortmain
    Closed Accounts Posts: 79 ✭✭Mortmain


    Should you have an entitlement to recover any documents under the freedom of information act?


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    #6
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Mortmain wrote:
    Should you have an entitlement to recover any documents under the freedom of information act?
    NO!

    The FOI act only applys to Government depts. You must be thinking of the Data Protection Act 1988. I am not sure that it would even apply in this case.


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    #7
    TheVan
    Closed Accounts Posts: 738 ✭✭✭TheVan


    Presumably you are entitled to the files. If, say you wanted to switch solicitor, they would just pass the file onto the new solicitor?

    Unless you're moving solicitor, the best thing to do is to ask them to make a copy of the file and to send it to you (by courier, not ordinary post!!). They may not give you copies of the internal correspondence but I reckon you'll get copies of any legal documents like certs from the Registrar of Births Deaths and Marriages etc


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    #8
    Sangre
    Registered Users Posts: 12,153 ✭✭✭✭Sangre


    AFAIK the Data Protection Act (amended 2003) ensures that people are entitled to access to any documentation that is on them. File might have other date he doesn't have to release.


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