new conveyancing papers

beaufoy

I do know a little law and according to my knowledge if a conveyancing lawyer cannot do the job properly I am allowed to sack him and he can only charge me for veriable expenses he has incurred.......however he believes i am not allowed to sack him......exchange of contracts has not happened

How is he not doing his job properly?

You can engage another solicitor, but you have to pay him for the work he has done. If you believe he has been negligent or the standard of work falls below what would be reasonably expected, make a complaint to the law society.

Claw Hammer

A little knowledge is a dangerous thing. How do you know he can't do the job? Did he represent at the outset he could and it has become more complicated, or did he say he could when he didn't have clue in the first place?

beaufoy

https://www.boards.ie/discussion/comment/120734868#Comment_120734868

yes he has got very little knowledge and it is a dangerous thing. Initially it was not me who said he can't do his job. It was the purchasers lawyer who told the purchaser that the vendors lawyer had answered a question informing him that the property was the subject of litigation but when asked for details of said litigation has not supplied said details

beaufoy

https://www.boards.ie/discussion/comment/120728217#Comment_120728217

I believe more than once in your parliment it has been mentioned that the irish law society do not enforce their own rules...and that they are there to help corrupt incompetent lawyers rather than their customers or the Irish revenue. I believe when an irish lawyer was found to be collecting stamp duty from purchasers and instead of paying revenue ie with said money he was putting it in his pocket...the law society said he just made a mistake

Peregrinus

https://www.boards.ie/discussion/2058301273/new-conveyancing-papers

If you're not happy with his services you can usually terminate his engagement, but you have to pay him not only for the expenses he has incurred but for the services he has rendered to date.

(There are exceptions, e.g. where you have given him an irrevocable authority to act, but cases like that are rare.)

Claw Hammer

https://www.boards.ie/discussion/comment/120747434#Comment_120747434

How does that mean he can't do his job?

beaufoy

https://www.boards.ie/discussion/comment/120747447#Comment_120747447

Yes I agree with peregrinus and I did ask for an invoice itemizing his expenses and verifiable work done. However, all I received as a reply was a phone conversation where the lawyer said if I do not change my mind about terminating my contract he would require full payment for a completed conveyance process or he would make sure i could not use another lawyer by way of keeping (steeling) my property papers. The garda agreed that (on condition that I was being truthful) I should only have to pay epenses and verifiable work actually done. However, the lawyer is guilty of a civil crime and so I would have to go to another lawyer and ask him to get your papers back. The law society were not interested in taking sides but were upset when I said the LSRA is the same as the law society. The Ombudsman did not dispute that the papers had been stolen, but it was/is beyond their scope of duties to make the LSRA and the Lawyer to make them do the proper thing. I contacted a member of the irish parliment who (her assistant) agreed that the LSRA is the same as the Law Society and that it would seem that the lawyer had no right to keep my papers, but lawyers are very bad in Ireland and not a lot can be done

beaufoy

https://www.boards.ie/discussion/comment/120748173#Comment_120748173

The process of conveyancing involves investigating papers to find if there are legal disputes, and if found solving said disputes. My lawyer was given a form saying there was a legal dispute and instead of investigating he miss read "Yes there is a legal dispute" and thought it said "no there is not a legal dispute" either that or he just did not bother reading the papers......In the end it means the lawyer either

1)does not understand the difference between yes and know,

2) cannot read

3) Does not bother to read

Mr Hammer please tell me is it OK for Irish lawyer fall into any of three listed categories and still be able to do his job

Claw Hammer

You are saying he got a form saying there was litigation and told the purchasers solicitor that there was litigation.

You then say that he miss sic read "there is a legal dispute as no there is not a legal dispute". If he miss sic read the form as you now say wouldn't he have told the purchasers solicitor there is no dispute?

beaufoy

https://www.boards.ie/discussion/comment/120749476#Comment_120749476

quote from my posts what you claim i have written ....you seem unable to read...are you a lawyer??

spaceHopper

From your replies you are coming across as very rude and abrasive - tone it down you are looking for people's help here.

From what I can tell from your posts, you are selling a house or apartment, your solicitor told the buyers solicitor that litigation regarding the property. Was there? Has it been resolved?

If there was none you need to get the record corrected, if there was some then you need to clear that up because you don't have good title and can't sell the property.

What are you looking to achieve. Start over with a new solicitor => you risk collapsing the sale, the buyers solicitor will still want clarification of the litigation. Your current solicitor has you by the balls, they won't handover the file until the bill is paid, you can kick and scream all you want but I don't think you will get anywhere. I'd suck it up and pay them to finish the job.

Claw Hammer

https://www.boards.ie/discussion/comment/120753250#Comment_120753250

I have no problem reading. You seem to have a problem writing. That is why I am asking.