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Transfer of files from old to new solicitor

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  • 17-09-2020 8:39am
    #1
    Issybelle
    Registered Users Posts: 30 ✭


    I am in a real jam here. I changed my solicitor four months ago. I was told the transfer would be simple enough. Just fill out a form and the solicitor sends the file to the new solicitor. I did not have a disagreement with the solicitor other than the fact that he was rather useless and I do not owe him money. I eventually did file a complaint with the Law Society and they gave him a nudge but that was it. Apparently, there is no statutory time limit under which he has to release the files. I am literally in legal limbo. Other than suing him which I don't have the money for, does anyone have any suggestions or has anyone experience same?


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    #2
    Lenar3556
    Registered Users Posts: 1,355 ✭✭✭Lenar3556


    Issybelle wrote: »
    I am in a real jam here. I changed my solicitor four months ago. I was told the transfer would be simple enough. Just fill out a form and the solicitor sends the file to the new solicitor. I did not have a disagreement with the solicitor other than the fact that he was rather useless and I do not owe him money. I eventually did file a complaint with the Law Society and they gave him a nudge but that was it. Apparently, there is no statutory time limit under which he has to release the files. I am literally in legal limbo. Other than suing him which I don't have the money for, does anyone have any suggestions or has anyone experience same?
    Regular calls, emails and arriving in person at the premises. Can your new solicitor not get hold of them?


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    #3
    Issybelle
    Registered Users Posts: 30 ✭Issybelle


    New solicitor has tried on numerous occasions. I have emailed, rang So many times I have lost count. He is always busy and cant talk so I leave a message. Haven't turned up in person though.


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    #4
    Lenar3556
    Registered Users Posts: 1,355 ✭✭✭Lenar3556


    Issybelle wrote: »
    New solicitor has tried on numerous occasions. I have emailed, rang So many times I have lost count. He is always busy and cant talk so I leave a message. Haven't turned up in person though.

    On the face of it seems very bad form.

    I suppose the most correct process would be to revert back to the LSRA given that this is already the subject of a complaint.

    The other angle would be persistence - regular telephone calls and attendance in person at his premises.

    Why do you think he is taking such a stance? Is there more to this?


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    #5
    Issybelle
    Registered Users Posts: 30 ✭Issybelle


    Yes, is there more to this? All the legal work to date has been fairly standard. Am wondering if there is something not quite kosher. I suppose the ultimate goal is to get the file but apparently there is no time limit For him to release the file so potentially I could be waiting years. It just seems to me that the law does not favour the consumer.


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    #6
    ohnonotgmail
    Registered Users Posts: 40,179 ✭✭✭✭ohnonotgmail


    sit in his reception until he agrees to talk to you.


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    #7
    Issybelle
    Registered Users Posts: 30 ✭Issybelle


    I have certainly thought of sitting in his office until he hands over my file, but I am no Erin Brokovich and I have visions of being carried off by the Garda in handcuffs whilst the entire town looks on. Remember, it seems to me anyway, that the law is on the solicitor’s side.


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    #8
    ohnonotgmail
    Registered Users Posts: 40,179 ✭✭✭✭ohnonotgmail


    Issybelle wrote: »
    I have certainly thought of sitting in his office until he hands over my file, but I am no Erin Brokovich and I have visions of being carried off by the Garda in handcuffs whilst the entire town looks on. Remember, it seems to me anyway, that the law is on the solicitor’s side.

    no possibility of being led away in handcuffs if you are sensible. Dont be aggressive or confrontational. simply leave if the guards arrive. then come back the next day. the solicitor will soon tire of calling the guards and the guards will tire of turning up.


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    #9
    Peregrinus
    Registered Users Posts: 26,103 ✭✭✭✭Peregrinus


    The law's on your side. As there is no dispute about fees, and as you suggest the solicitor has not challenged your right to your files, it's pretty clear that you have a right to your files.

    "The law's on your side", though, is not a magic formula that makes all problems vanish. Having a legal right and enforcing it are two different things. It's up to you to enforce your legal rights, e.g., by seeking a court order requiring the solicitor to deliver your files. If you, who are most interested in having the right enforced, are not prepared to do that, it's perhaps a little optimistic to hope that others will do it for you.

    But take a step back here. What do we think is the problem? There's no obvious advantage to the solicitor in hanging on to the files; it has already resulted in annoying and embarrassing correspondence from you and from the Law Society, and at the very least he can expect more of the same. Why would he want this? Most likely the underlying problem is that he either failed to keep proper files or he has lost them, or possibly the files will disclose some error or negligence on his part, and he is putting off the evil day of disclosure for as long as he can.

    You give no clue as to the nature of the business he was transacting for you, but I presume (because you would have mentioned it if so) that he is not holding any money belonging to you. I think you have two options, both of which you should discuss with your new solicitor.

    1. Is it possible for your new solicitor to transact whatever business it is without getting access to the old files? It may be, but with some duplication of work already done, for which you will have to pay. Still, it may be worth it to you to pay this to resolve the matter quickly, and at a limited cost.

    2. If it's not possible, or if you don't like that option, then you should instruct your new solicitor to write to the old solicitor setting an early date for deliver of the files, after which you will issue court proceedings.


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    #10
    Issybelle
    Registered Users Posts: 30 ✭Issybelle


    Thanks Peregrinus and all who have offered advice. I suppose I expected more help from then
    LAw Society and was waiting for them to step in.

    I am waiting for a deed to a property I bought over a year ago. My new solicitor cannot proceed With the Land Registry without it. Not a complicated legal issue really and my file isn't that large. Just some standard stuff like a will and Some maps of the property.

    I am not really wAnting to spend more money to get the files. I could sue I guess, but time is not on my side.

    You are right though. There is no practical reason other than pride to want to hang onto the files. That has always been the baffling part. I do wonder about negligence or maybe it is just plain old poor management. When this is all over I am tempted to just ask him. Just out of curiosity.

    .


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