How to complain about a solicitor ?

justagirl

:mad: :mad: Hopefully I've posted this in the right forum

I am currently dealing with a rude, stressfully incompetant solicitor - we are remortgaging (not a complicated matter) and we at just at the final stage so no point in moving...

My question is how do I complain effectively - I've already done so to the solicitor but want to take it further... thanks guys.

Dub13

Moved from Consumer Issues

justagirl

I've just emailed the Irish Financial Regulator so will post when they reply.

Maximilian

Complain about what? That he is rude? How do you know the matter is not complicated?

justagirl

ok.. long story short.. simple remortgage ... we signed all our legal docs/our banking docs/had approx redemption figures etc - we were all ready to go at our end and new bank end..... all my solicitor had to do was send docs to one place - they sent it to the wrong place - cost me over a week and a half of higher interest rates - no apology, no action on their part, told me I'd have to chase the legals documents they sent to wrong place ... further to that have been sitting on my monies since wed last week (even though they had been notified that the money was sitting there).. i've been told 'we'll get around to it as soon as we can'....... etc etc... aside from being beyond rude (which I can semi cope with).... the delay to me is unacceptable....I don't think I'm unreasonable.... oh... I was told yesterday that all the searches have been done, I call today and have been told a planning search has to be done ... that's all very fine but theaggravating thing is every time I call they tell me something different to what I've been told before...

antoinolachtnai

Honestly, that's nothing. You can complain to the incorporated law society, but I wouldn't bother. They have stacks of complaints down there from people who claim they have been done out of their houses and had their cash held up for years or decades as a result of alleged poor practices in solicitors' offices. These people have real problems. Your issue, while important to you and very disappointing to hear about, is a spec of dust in the great legal firmament.

So if you are more than half-way through, I would get it done, forget about it and find a solicitor you like and trust via a recommendation for the next time.

I would suggest typing up and sending a very short fax to them asking them what further stages are required to complete the transaction, rather than ringing them a lot.

How did you end up with this solicitor anyway? Is it the same firm that conveyanced the house originally?

Maximilian

I sympathise however, even if the solicitor is ruthlessly efficient, delays can and often will happen. Its a frustrating process if you need money urgently and made worse if the solicitors are unduly slow, sure, but I wonder was there an element of unrealistic expectation on your part? Out of interest how long did the whole thing take, start to finish?

I think seeking a pound of flesh is a bit of an overreaction. You are only inviting more stress upon yourself. You did get your money in the end no? Just make sure you get a recommendation next time you need a lawyer.

dats_right

The financial regulator have no jurisdiction over solicitors so they won't be any help. I'd echo what a lot of others said about proceeding with your complaint against this solicitor. However, the decision is yours and the people to contact are The Law Society of Ireland, Blackhall Place, Dublin 7. Which is the regulatory body for solicitors in the Republic of Ireland. The link is
http://www.lawsociety.ie/displayCDAContent.aspx?node=400&groupID=400&code=complaints_handling

justagirl

antoinolachtnai wrote:

Honestly, that's nothing. You can complain to the incorporated law society, but I wouldn't bother.

Yes, on reflection it maybe nothing compared to others......

but! in my opinion paying €1350 (not including my stamp duty tax) for a simple remortgage (there were no blips or complications) and being treated rudely/told different stories each time I spoke to them etc etc is neither good practice or acceptable ?

antoinolachtnai wrote:

I would suggest typing up and sending a very short fax to them asking them what further stages are required to complete the transaction, rather than ringing them a lot. How did you end up with this solicitor anyway? Is it the same firm that conveyanced the house originally?

I have done this - never get any replies, thus I have to call them... and yes this firm conveyenced the house originally ......

Bottom line - I simply won't recommend or use them again...

I've dealt with solicitors in UK/NZ/Spain/Poland - never any agro with any of them... I'm a pretty level headed person (usually)... but this one has really made my blood boil...!!

Thanks for your reply antoinolachtnai!

justagirl

Maximilian wrote:

I wonder was there an element of unrealistic expectation on your part? I think seeking a pound of flesh is a bit of an overreaction. You are only inviting more stress upon yourself. You did get your money in the end no? Just make sure you get a recommendation next time you need a lawyer.

Thanks for reply Maximilian! ... to be perfectly honest there was no unrealistic expectation on my part, it was only until I got to speak to the bossman that I got sorted - within a half day may I add - so looks like the operation is lacking good admin. support maybe. Yes, you are right I would only stress myself out more if I pursued .... I reckon 'customer service' has a different meaning in their camp!!! and I will certainly get a recommendation for a new solicitor for next time...

justagirl

dats_right wrote:

The financial regulator have no jurisdiction over solicitors so they won't be any help. I'd echo what a lot of others said about proceeding with your complaint against this solicitor. However, the decision is yours and the people to contact are The Law Society of Ireland, Blackhall Place, Dublin 7. Which is the regulatory body for solicitors in the Republic of Ireland. The link is
http://www.lawsociety.ie/displayCDAContent.aspx?node=400&groupID=400&code=complaints_handling

Thanks dats_right ....appreciate the link to the law society.. ..

I'm a bit calmer now and realise what you have all said makes sense and that I'm better to get over it and simply get a new solicitor ....

One last question please..... should I wait until the new mortgage has been filed ?? (I know last time I got a letter from my solicitor advising everthing was complete/filed ... something like that) ... and then move solicitor ?
Thank you all again so much..... so much appreciated ....

antoinolachtnai

That's the big decision! If you are more than half-way through you should probably stick with these guys. Just be nice. Get the thing done with the minimum fuss.

Generally you know it's all done when the bill comes in.

At the end, when the bill comes in, and you are still annoyed, then you might consider disputing the bill. At least get to see the boss. Give him the opportunity to explain in detail why this took so long.

If you have suffered quantifiable loss as a result of their mistake and delay, I would try and hit him with it. I would tell him he's not getting paid the full amount and see what he says (although I have to say, I have never tried this particular manouver with a solicitor myself).

On the face of it, there is no reason why there would be a problem with this sort of thing, seeing the same firm did the conveyance.

I don't know why a solicitor would be doing a 'planning search'. In my experience, solicitors don't do that.

ircoha

justagirl wrote:

Thanks dats_right ....appreciate the link to the law society.. ..

I'm a bit calmer now and realise what you have all said makes sense and that I'm better to get over it and simply get a new solicitor ....

One last question please..... should I wait until the new mortgage has been filed ?? (I know last time I got a letter from my solicitor advising everthing was complete/filed ... something like that) ... and then move solicitor ?
Thank you all again so much..... so much appreciated ....

OP:
Good on you for not taking that sort of crap.

Honestly, that's nothing. You can complain to the incorporated law society, but I wouldn't bother. They have stacks of complaints down there from people who claim they have been done out of their houses and had their cash held up for years or decades as a result of alleged poor practices in solicitors' offices. These people have real problems. Your issue, while important to you and very disappointing to hear about, is a spec of dust in the great legal firmament.

This remark is similair to the one at the end of the Prime Time program where the reply was something like: "we are surprised there are not more complaints."

You are wasting your time complaing to the Law Society, take 2 valium and get into this http://www.crookedlawyers.com/wst_page4.html

Also rate him on the link accessed from above link

justagirl

ircoha wrote:

You are wasting your time complaing to the Law Society, take 2 valium and get into this http://www.crookedlawyers.com/wst_page4.html

Also rate him on the link accessed from above link

loving that site!!! fabulous..... Thank you!!!:D

Gonna have a Cupan Tae now and bash away on the keyboard!!! LOL!

justagirl

antoinolachtnai wrote:

I don't know why a solicitor would be doing a 'planning search'. In my experience, solicitors don't do that.

Antoinolachtnai - this is very interesting ..... what exactly is a planning search ?.. They definately said that they did one and it came back 'clear' ....I thought it was all part and parcel - I'd very much appreciate it if you could explain it to me....

Thank you for your time and reply.

dats_right

A 'search' of any kind isn't actually physically carried out by a solicitor, rather it is ordered by a solicitor and carried out by a firm of law searchers. Don't worry though, a planning search is standard. It is carried out to ensure (among other things) the planning history of a property is in order. It will reveal all entries on the planning register for that property.

In a sale of property such a search would be carried out by both vendor and purchaser. My guess, in your case the lending institution demanded one, or your solicitor required one (quite legitimately) before he completed the solicitor's certificate of title.

antoinolachtnai

I'm not a solicitor but ...

They do this search? My solicitor warned me specifically that she would not be carrying out this search when I bought this property (a few years ago).

Anyway, what material facts would a solicitor expect to discover from a planning search? I can see the commercial requirement for checking planning, but I can't see the legal implication.

How could a planning file not be 'in order'? There have either been filings or there haven't, and you have either received the permission or you haven't. The file won't tell you very much about the actual compliance of the building work, you are largely depending on warranties from the vendor for this, no?

There might be conditions attached somewhere along the line that might be material, but it's hard to see how these would impact on the actual title of the property. It is certainly possible that such a search was needed in a specific case, but I cannot see the general point of it.

Why would a vendor ever carry out a planning search on his own property?

It could be that the solicitor is using 'planning search' colloquially to refer to the search at the Registry of Deeds or the Land Registry.

Anyway, when the OP gets the bill, she can ask how the planning search was done and what report was received back.

Paulw

Actually, the land registry isn't 100%. There have been many faults, or even lost deeds, especially with property handed from father to son etc over generations.

This does actually take some work.

antoinolachtnai

Well, that would be a planning issue.

For sure, deeds, land certificates and so on can be in a mess. But this is a remortgage. If the deeds were in order a couple of years ago, they should still be ok now.

EDIT: I meant to say that that *wouldn't* be a planning issue.

justagirl

Thank you all so much for your replies - so much appreciated.

There is a conservatory onto the house and when we bought it there was no certificate of compliance so we made the seller provide one before the sale went through.... so maybe the new lender wanted a planning search because of that???. (but as you say, if it was ok first time round??)...:(

antoinolachtnai

It is only fair to give the solicitor the benefit of the doubt and see what he says caused all the delays when you get to the end.

I wouldn't think a certificate of compliance would be on a planning file.

Maximilian

A planning search can reveal other matters such as CPO's & enforcement actions by the Local Authority for unauthorised developments.

In a re-mortgage scenario, the solicitor is not only acting for his own client but for the Bank too. It probably sounds like a conflict of interest and to an extent it is however, the alternative, as it was many years ago, would be for the Bank to have its own solicitors and guess who would pay those fees? Not the Bank. He therefore was right to have carried out such a search because the Bank requires him to certify all planning matters are tip-top.

The problem is most people don't understand whats involved and to be fair they are generally not told and why would you want to know? After all, you engage a solicitor so you don't have to deal with all of this. The key thing is, if you have a query, then ask your solicitor, he will explain why something is necessary if you ask.

hullaballoo

This thread is dangerously close to seeking legal advice. Can I have some sort of reassurance that this is not the case?

grumpytrousers

this looks like somebody who might be a solicitor telling people what the role of a solicitor is in a transaction; that he works for the bank AND the client.

Nothing advisory about it; if anything I'd sticky Max's post there. It might be a help for people to know that when they retain a solicitor, he's not just their bitch, he's the banks as well...and when there's a delay it's not *always* 'cos the solicitor wants to genuinely p*ss off the client, but rather that he's serving two masters. One of whom will be most insistant that t's are crossed and i's dotted...