Advice please? Negligent solicitor?

far2812

As ever, I am asking for all your clever advice please.

Situation as follows:-

1. Brother stopped by police for using mobile phone (3rd time)

2. Brother instructed solicitors and was advised to plead not guilty due to the fact that there was discrepancies in the police report and also the fact that he said he was not using his phone!

3. Solicitor advised him he did not need to attend court due to the fact that he was pleading guilty and therefore it would be passed to a trial. The solicitor would "lodge his plea" on his behalf!

We have confirmation of this in email from Solicitors as I was not sure!

4. Solicitor DID NOT attend the court on the date and therefore it was set for a different date for the 1st hearing plea!

5. 2nd Court date was set and again received email from Solicitors stating he did not need to attend again for same reason.

6. Solicitor did not attend 2nd Court case hence he has been given 6 month ban!

We went to see the solicitors and they are stating that they did not receive funds on account prior to the Court case (even though they did not send a bill until 3 weeks after the case!

Is there anything we can do? My brother has a large building company and obviously needs to be able to drive.

I am sure that there is something wrong here !! Ye

meritaten

First you need to explain to the court that your bro didnt attend on the advice of his solicitor - you have proof of that. now ask why the solicitor DIDNT attend! first ask the solicitor, then his boss. It may have been a simple mix up - but any non-attendance at court looks bad. I would take this to the top person in the solicitors. Its quite common for solicitors to ask for money before appearing in court - did they do so and your bro didnt pay? if so, then they were within thier rights.

far2812

Many thanks meritaten! No they didn't ask for any money up front - he would have paid it straight away! The only bill he received was AFTER the 2nd Court case!

Can we go to the Court ourselves and explain? He has already been to see the solicitor and they say that because he didn't pay upfront, they didn't attend - but he didnt receive an invoice from them until AFTER the event!!!

I am very grateful for your advice.

**curlywurly**

Your brother should check what the letter of engagement says - it may have asked for funds on account.

far2812

Ok many thanks! Even if that is the case and he didn't pay up front - I would have assumed that they would have let him know during correspondence but I will check!

Are we able to appeal with the Court ourselves please?

meritaten

I would contact the head of the firm - explain the circumstances. see what they say. also your bro could explain to the court the mix up. good luck there! I would be most annoyed - your bro's solicitors havent exactly helped him have they? a complaint to THIER watchdogs?

far2812

Its very frustrating as he followed the advice of the solicitors in the first place to plead not guilty and not attend Court! Im not sure how we would go about appealing to the Court. The solicitor he saw in the meeting to discuss this problem is apparently the head of the firm!!!!

browneyedbazzi

You can file an appeal yourself although if the case is complicated and you don't fully understand the law involved/court processes it may be worth getting the assistance of a competent solicitor - there are strict timescales as to when you can appeal so you need to check this and do it as soon as possible. The relevant paperwork will be available from the enquiries desk at the court house.

Tygermoth

Not trying to be flippant here but

Is there anything we can do? My brother has a large building company and obviously needs to be able to drive.

This was his 3rd offence? and you are angry at the sols?

Humphrey10

Tygermoth wrote: »

Not trying to be flippant here but

I did wonder that also... But ignoring the actions of the brother, it does sound like the solicitor has been negligent.

richardw

Tygermoth wrote: »

My brother has a large building company and obviously needs to be able to drive.

Search online for Chauffeur or Taxi.