How do I complain about a solicitor

lobyrne

In 2006 my uncle died and he left his house to my brother and me. We were also the executors of the estate. Probate was granted in 2007 but as the property market fell we were unable to sell the house. In December 2010 with my brothers agreement I bought him out of his share of the house and the solicitor who handled the probate also handles the sale of the house and on receiving the funds divided the estate and paid the beneficiaries as per my uncles will. We paid inheritance tax via this solicitor also. I am now selling the house. I paid the NPPR for the house for 2011,2012 and 2013 and the LPT for 2013, 2014 and 2015. The solicitor who acted for me when I bought the house is now acting for me selling it. He advised me in Jan that the NPPR for 2009 and 2010 is outstanding on the house which with penalties amounts to €3,900. It transpires that this tax should have been paid by us as executors but we were not advised by the solicitor handling the probate or the sale of the house. Neither did my solicitor who handled the purchase in 2010 and is now handling the sale. According to the NPPR section this solicitor should have sought a letter of discharge when he was acting for me but he didn't. He is refusing to take responsibility and has said that I'm making enough profit on the sale to afford to pay the tax. I would be grateful for any advice as to what I should do now. I have paid the tax as I need to close the sale this week.

suicide_circus

Get a different solicitor

lobyrne

Contracts are signed and the sale is due to close this week so it's a bit late to change solicitors. Just wondering if the only option is to complain to the Law Society and if I do will they do anything?

fits

Talk to the law society but don't get your hopes too high.

Neyite

Mod:

Moved to Legal Issues

Pat Mustard

I don't know if the law society can censure solicitors for negligence.

I would hire a new solicitor and have him enlighten the old solicitor.

Arbiter of Good Taste

You can try, but I wouldn't be too optimistic. As far as I see, in practice, the Law Soc will only sanction solicitors who steal ("borrow") from client accounts

January

Wouldn't bother with the Law Society, they don't do anything anyway.

Pat Mustard

Arbiter of Good Taste wrote: »

You can try, but I wouldn't be too optimistic. As far as I see, in practice, the Law Soc will only sanction solicitors who steal ("borrow") from client accounts

They can sanction solicitors for misconduct, to include dishonesty, but not for negligence.

Peregrinus

If you think your solicitor has been negligent, you can sue him. Same as you can for any other person providing you with a professional or expert service in return for payment.

It's not so much that the Law Society won't do this for you as that they can't. They have no power to.

Unless you want to run the case yourself, you'll need another solicitor to act for you in this new matter.

ads20101

I agree, pay the nppr as per your requirements. There is technically nothing you can do about this now.

However when it is over seek a different solicitor to review the original transaction and take a civil case if it is warranted.

Hannibal Smith

You bought in 2010, so you should have paid 2010. Can you not sign a declaration saying the home was unoccupied and was going through probate for 2009?

Sorry just read back...it wasn't going through probate...you were one of the owners in2009, you knew about nppr charges...how is it the solicitors fault you didn't pay?

Pat Mustard

Hannibal Smith wrote: »

how is it the solicitors fault you didn't pay?

Mod:

Discussion of negligence in this case will amount to legal advice.

Therefore, we can't discuss negligence in this instance.