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Retrieving file from solicitor

  • 08-01-2009 5:39pm
    #1
    Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭


    How do you get a file regarding land (that is jointly owned by two relations) from a solicitor? and can they charge, for example, 200 euro for just giving you the file?

    Basically the solicitor used to work for a different firm and the firm still the file (he started working for himself). Can one of the land owners get the files without going through the solicitor? i.e. can they just request the file from the firm that hold it directly.

    Thanks.


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Why on earth should the solicitor give you anything when you are not party to the transaction?

    The original parties are covered by litigation and indeed privity of contract in relation to all and any work undertaken by a legal professional. The consent of one or indeed both of the co-owners would be required to get this information.

    In relation to the title deeds etc. there are a few other ways to find out that information.

    I expect you won't get that data merely by asking as a non-party!

    The fact that a solicitor has moved is not really relevant and if they are still acting for you will be able to get the file should the other/original solicitor 'come off record' for your relations.

    This is not advice, merely a comment and should not be relied upon.

    Tom


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    If a client has paid his fees, then he is entitled to his file. The solicitor may charge a reasonable fee (often closed files are stored in off-site with storage companies who charge a fee when you want your file back). I wouldn't have thougth 200 to be reasoanble though - something more like 50.


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    Thanks for responding guys.

    My apologies for not being clear, it is one of the owners of the land that wants to get the file so that he can get his own seperate solicitor (the current solicitor is related to the other owner of the land which is not an ideal situation).

    Basically land was inherited by two people. They jointly hired a solicitor who was working in a firm at the time. He then moved to a different firm and then from there recently started working for himself.

    It seems that most of the file (and presumabley land deeds) is with the first firm and some (a few letters etc) with the second firm.

    Can one of the clients of the current solicitor (one of the owners of the land) request the file from the first firm or must they go through the current solicitor?

    Apparently the old firm want to charge a 200 euro fee for releasing the file (that is not for monies owed or anything since they are paid uptodate) according to the current solicitor.

    Thanks again.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    200 is entirely unreasonable, 50 would be more reasonable.


  • Registered Users, Registered Users 2 Posts: 416 ✭✭Gangu


    Bond-007 wrote: »
    200 is entirely unreasonable, 50 would be more reasonable.

    I agree


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