getting file off solicitor

sweeney555

Hi,

I have moved solicitors through out the years and have been with my lastest solicitor for 5 years.. I need a file from a previous solicitor but he is refusing to release it.

There is no fees outstanding
There are no undertakings etc outstanding

I have signed let of authorisation etc

There is something amis with a lease he done for me and I really need file

How do I go about getting this info

Thanks

JD24

If you have a letter of authorisation and there are no outstanding fees there should be no reason not to release it to you.

Did he not give a reason why??

Olduvai

Get your new solicitor to obtain the records and file for you.

You are entitled to access all data that is held on you in hard or computer format under the Data Protection Act 1988 & the Data Protection Act 2003. Contact the office of the Data Protection Commissioner.

The fee for making an application under Data Protection is €6.35.

Maximilian

It has nothing to do with the Data Protection Act and a request under that Act will not help you much (it entitles you to personal data only).

If your fees are paid up, you are entitled to your file. Simple as that. Have your new solicitor formally request the file on your behalf. If that doesn't work, your new solicitor will advise you as to what you can do next.

partyguinness

If they fees are all paid and the solicitor has no outstanding undertakings then he should release the file to you. You paid for it.

Has he given any reasons?

I would suggest you write a strongly worded letter and threaten to report it to the Law Society.

sweeney555

Thanks for advise,

My current solicitor has formally request file. Previous solicitor wont respond to her calls or letters.

It is urgent that we get this file as there seems to be gross misconduct on previous solicitors side.

Is law socitey next step for me?

dermot_sheehan

Your solicitor can apply to the High Court for an order that the previous solicitor deliver up the file.