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Changing Solicitor in a legal dispute

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  • 06-02-2019 1:24pm
    #1
    ittakestwo
    Registered Users Posts: 1,642 ✭✭✭


    I have been in a legal dispute for 15 months. Last November I met with my Solicitor and Barrister and we agreed we would proceed with issuing court proceedings. It was a target at meeting we would have them issued before Christmas.

    My Solicitor quickly got instructions from Barrister of what information to get but since then she has done nothing. She does not return my emails even when I ask for an urgent response and her secretary makes up excuses of why she can't answer phone.

    The dispute is doing my head in and I wanted sorted ASAP. My solicitor wasted most of 2018 by the same behaviour hence why after 15 months of a dispute starting no action has been commenced.

    Can I change Solicitor now that I have a Barrister. As I have no direct contact with the Barrister should I contact him directly and tell him situation .

    Not ideal to change Solicitor now but if my one is not responding what can I do. I can see 2019 evaporating with no progress just like last year if I don't change.

    Any advice or thoughts please?


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    #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,710 Admin ✭✭✭✭✭hullaballoo


    You can change solicitor at any time. They may keep your file until you have discharged or reached an agreement to discharging any fees due to them as set out in their s. 68 letter.

    You can also choose for your new solicitor to instruct the same barrister if you would prefer to retain the barrister for your own reasons.


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    #3
    ittakestwo
    Registered Users Posts: 1,642 ✭✭✭ittakestwo


    hullaballoo wrote: »
    You can change solicitor at any time. They may keep your file until you have discharged or reached an agreement to discharging any fees due to them as set out in their s. 68 letter.

    You can also choose for your new solicitor to instruct the same barrister if you would prefer to retain the barrister for your own reasons.

    So My solicitor still has not started an action and the courts will be closing on 31 July for 2 months.

    If I ask for my file so I can go to a different solicitor what can they charge me for? If the work they have done was not carried out in a reasonable timeframe can they charge their client?

    I would have stuck with them if they did do work. The barrister has advised for to me to ''act quickly'' in December and gave the solictior a task to carry out ( Land Registry searchs) but they have not done this and don't respond to my emails or when I leave a message with secretary they don't return the call.

    If I leave I will be in the same situation I was 2 years ago but cant put up with this wasted time anymore. I gave them an ultimatum last month by email to have the action started before the courts close on the 31st July but they did not respond to this either. When does the time go past long enough where the solicitor can not charge for releasing your file as they failed to do work in an expected time frame and have worsened your legal position by agreeing to represent you and failing to do so?


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    #4
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    So sorry and we know how infuriating this is
    we had to do this in similar circumstances.

    It was worth making the change, frustrating as the delay was. A way in which we took control

    May be worth contacting Citizens info who will be all too familiar with this,


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    #5
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    ittakestwo wrote: »
    SNIP.... If I ask for my file so I can go to a different solicitor what can they charge me for? If the work they have done was not carried out in a reasonable timeframe can they charge their client? SNIP SNIP

    A solicitor is entitled to charge a reasonable fee for the actual work done to date. What that might be depends on what was actually done.

    I understand you to mean that proceedings have not yet issued. If so, you need to be careful to check that you are not running out of time within which to issue proceedings. For this reason I would engage my new solicitor now to ensure that nothing is being missed and that you can get on with it.

    Let your new solicitor deal with the current one about fees and releasing the file - they will know what to do.


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