Solicitors Rules?

RobbieB84

Hi, I am just wondering if anyone knows if in the following situation the solicitor has broken any rules.

This is all hypothetical, say you have hired a solicitor and you then decide to hire a new solicitor, the new solicitor writes to the old solicitor asking for the file to be handed over.

However the old solicitor ignores this and files proceedings on your behalf, claiming to have not gotten the letter until after the proceedings where filed.

Just wondering if there are any solicitors rules relating to this?

Thanks

Tom Young

Yes: There are rules and cases. Such activity usually has a direct and causal connection to an unpaid bill (usually). Solicitors, like Barristers, other professionals aren't free utilities.

Advice in the inner workings of your life, commercial property, etc. costs money.

We don't do legal advice.

Pay outstanding invoices. Request current solicitor to file a notice of change of solicitor and hand over papers.

Case on this is Ahern v Min for Ag. [2008] IEHC 286.

RobbieB84

I am not asking for advice just a general discussion on this topic, also I am well aware that legal services rendered must be paid.

What I am asking is if the notice was served on an old solicitor and before their fees could be discussed, what is the position if they file the proceedings, when they know I know longer want to instruct them and am willing to pay their fees up to date?

Tom Young

They are entitled to take a lien over the papers until such time as the outstanding fees are discharged. Happens on a daily basis.

RobbieB84

Ok thanks for your replies. Just to clarify that would mean that they can still act on the file? even though the notice has been served.

MagicSean

Generally no. But there may be exceptions. For example if a matter was time sensitive and a delay would damage the case it may be negligent of them not to proceed.

in your case you claim the solicitor ignored the letter but also claimed he did not receive it. You would have to show him to be lying for him to have btoken any rules.

RobbieB84

Thanks for your reply, in the scenario I am thinking of time would not necessarily of been of the essence.