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Right to Case File

  • 29-06-2010 11:38am
    #1
    garymc46
    Closed Accounts Posts: 19 ✭


    My new solicitor is trying to get my conveyance case file from my original solicitor. My original solicitor was paid in full and I have a receipt to say as much. So far he has refused to hand it over, and for a 18 months period now. Is this normal? Can he do this legally? Is there anything else I or my solicitor can do?

    Thanks
    Gary


Comments

  • #2
    Goesague
    Closed Accounts Posts: 65 ✭✭Goesague


    Write to the Law Society.


  • #3
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Your solicitor should be able to handle that. Ask him whether what the other fellow is up to is legal. Or did you ask him and if so what did he say ?


  • #4
    garymc46
    Closed Accounts Posts: 19 ✭garymc46


    Reloc8 wrote: »
    Your solicitor should be able to handle that. Ask him whether what the other fellow is up to is legal. Or did you ask him and if so what did he say ?

    Original solicitor is point blank refusing to reply to correspondence. Law Society has also been involved not replying there either


  • #5
    Lorraine_ie
    Registered Users, Registered Users 2 Posts: 20 ✭Lorraine_ie


    You could also make a request for the information under the Data Protection Act. Then get the Rights Commissioner involved if they dont provide you with the information within the allowed timeframe (30-40 days i think). I wouldnt bother waiting around for the law society to do anything about it

    If you are going down the road i suggested then make sure you send the letter by reg post, include a bank draft for 6.35 and a copy of your i.d as your old solicitor could possible delay things by saying he didnt have all of the information


  • #6
    garymc46
    Closed Accounts Posts: 19 ✭garymc46


    Lorraine_ie wrote: »
    You could also make a request for the information under the Data Protection Act. Then get the Rights Commissioner involved if they dont provide you with the information within the allowed timeframe (30-40 days i think). I wouldnt bother waiting around for the law society to do anything about it

    If you are going down the road i suggested then make sure you send the letter by reg post, include a bank draft for 6.35 and a copy of your i.d as your old solicitor could possible delay things by saying he didnt have all of the information
    Thanks Lorraine,

    didnt think on that, great


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  • #7
    Bosco boy
    Banned (with Prison Access) Posts: 1,235 ✭✭✭Bosco boy


    I'd write to the president of the high court and otline the inaction that has taken place so far and CC a copy of the letter to the law society. Its a disgrace that you havent even recieved a reply from the law society. As another poster said send everthing by registered post.


  • #8
    garymc46
    Closed Accounts Posts: 19 ✭garymc46


    Bosco boy wrote: »
    I'd write to the president of the high court and otline the inaction that has taken place so far and CC a copy of the letter to the law society. Its a disgrace that you havent even recieved a reply from the law society. As another poster said send everthing by registered post.

    Thanks Bosco boy that seems like the right thing to do as well


  • #9
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    garymc46 wrote: »
    Original solicitor is point blank refusing to reply to correspondence. Law Society has also been involved not replying there either

    And your new solicitor can provide you with no advice ?


  • #10
    garymc46
    Closed Accounts Posts: 19 ✭garymc46


    Reloc8 wrote: »
    And your new solicitor can provide you with no advice ?
    The new solicitor has wrote a couple of letters but I have been unable to pay him for anything more than that. He cant get access to the papers to see if I have a worthwhile case so he doesnt want to waste his valuable time or energy on something that he cant be sure he can win. Total catch 22 situation


  • #11
    garymc46
    Closed Accounts Posts: 19 ✭garymc46


    Bosco boy wrote: »
    I'd write to the president of the high court and otline the inaction that has taken place so far and CC a copy of the letter to the law society. Its a disgrace that you havent even recieved a reply from the law society. As another poster said send everthing by registered post.

    Bosco boy, I know this might sound like an obvious question but how do you go about writing to the president of the court?


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  • #12
    Bosco boy
    Banned (with Prison Access) Posts: 1,235 ✭✭✭Bosco boy


    What you need to do is to go over the heads of the law society, I expect that your letter to the president of the high court will be forwarded to the law society for explaination, the fact that they have a copy in the meantime might spur them on to deal with your complaint in advance of recieving correspondance from on higher. If your not getting fairplay anywhere my advice is to go to someone higher than you a dealing with. That applies to lots of things. Mind you I would only do it if you are getting nowhere.


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