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Solicitor witholding files

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  • 22-03-2019 8:36pm
    #1
    Bubbles2018
    Registered Users Posts: 4 ✭


    Hello,
    Has anyone been in a similar positiin or has any experience with the following: I am in a procces of changing a solicitor. My former solicitor however is not transferring my files, all fees have been paid. I am being misled with texts stating that they are going to be sent to the new solicitor „by the end of the week”, „today”, ect. I know for a fact they haven’t even been copied yet. My court day is coming very soon, I am being cought up between two solicitors and unable to get legal advice (as thenew solicitor shouldn’t advise without revising the files). I feel utterly helpless, deceived and tbh scared. Any advice on what I can do?


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    #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Bubbles2018 wrote: »
    Hello,
    Has anyone been in a similar positiin or has any experience with the following: I am in a procces of changing a solicitor. My former solicitor however is not transferring my files, all fees have been paid. I am being misled with texts stating that they are going to be sent to the new solicitor „by the end of the week”, „today”, ect. I know for a fact they haven’t even been copied yet. My court day is coming very soon, I am being cought up between two solicitors and unable to get legal advice (as thenew solicitor shouldn’t advise without revising the files). I feel utterly helpless, deceived and tbh scared. Any advice on what I can do?

    Complain to the Law Society.


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    #3
    holliehobbie
    Registered Users Posts: 395 ✭✭holliehobbie


    That's ridiculous especially if you don't owe any money to the first solicitor. Definitely contact the Law Society first thing on Monday morning.


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    #4
    Bubbles2018
    Registered Users Posts: 4 ✭Bubbles2018


    4ensic15 wrote: »
    Complain to the Law Society.
    Will do. Thanks.


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    #5
    brian_t
    Registered Users Posts: 6,664 ✭✭✭brian_t


    Should the new solicitor not be a bit more pro-active then he appears to be from the OP.

    If I was changing solicitors I would expect the new solicitor to be requesting the files, having gotten my written permission to do so.


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    #6
    Purple Mountain
    Registered Users Posts: 13,048 ✭✭✭✭Purple Mountain


    Turn up at their reception on Monday morning and say you're not leaving until they hand them over.
    Otherwise arrange a courier to collect them and ring the old solicitors informing them that the courier will collect them at X o clock so they better be ready.
    Sounds like a case of bitterness.

    To thine own self be true



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    #7
    Bubbles2018
    Registered Users Posts: 4 ✭Bubbles2018


    brian_t wrote: »
    Should the new solicitor not be a bit more pro-active then he appears to be from the OP.

    If I was changing solicitors I would expect the new solicitor to be requesting the files, having gotten my written permission to do so.

    Hi did. Request was sent 3 weeks ago. He followed with a phone call. What is the OP?


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    #8
    alan1963
    Registered Users Posts: 85 ✭✭alan1963


    Bubbles2018 wrote: »
    Hi did. Request was sent 3 weeks ago. He followed with a phone call. What is the OP?


    Hi, OP just means original post ie your first post on this thread.


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    #9
    eagle eye
    Registered Users Posts: 37,647 ✭✭✭✭eagle eye


    Contact your old solicitor and tell him you feel you have no choice but to make a complaint to the law society. Give him a day and if nothing happens then go ahead and make the complaint.


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    #10
    Victor
    Registered Users Posts: 78,285 ✭✭✭✭Victor


    Purple Mountain wrote: »
    Sounds like a case of bitterness.
    Potentially the solicitor is ill and this is the cause of the failures.


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    #11
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Victor wrote: »
    Potentially the solicitor is ill and this is the cause of the failures.

    It may explain, it doesn't excuse.


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    #12
    Bubbles2018
    Registered Users Posts: 4 ✭Bubbles2018


    Victor wrote: »
    Potentially the solicitor is ill and this is the cause of the failures.

    No, she is not. She either ignores me or sends misleading information that turns out not to be true.


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    #13
    The Enbalmer
    Banned (with Prison Access) Posts: 1,001 ✭✭✭The Enbalmer


    Had a similar issue with a solicitor for conveyancing.
    He lost interest after I paid him and hadn't lodged the deeds to the land registry like he assured me he would..he avoided me for weeks and he was holding up a loan application I needed urgently.
    I left him a voice message saying that If he didn't get a move on I would report him to the law society and within three days he had done everything he should've done weeks ago.


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    #14
    Charles Ingles
    Banned (with Prison Access) Posts: 1,181 ✭✭✭Charles Ingles


    Turn up in person at the solicitors office Monday morning. Tell her you are not leaving until resolved be sorted there and then.
    Had a similar situation this resolved it straight away


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