Advice please? Negligent solicitor?

richardw

far2812 wrote: »

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

Search online for Chauffeur or Taxi.

mountainofdebt

far2812 wrote: »

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

To be caught once is bad enough but to be caught a further twice and still expect to be able to drive is unbelieveable.

If your brother had that large a company perhaps he should have invested £20 and bought a handsfree kit.

If the ability to drive was that essential then he should have thought of that before he broke the law, not once not twice but three times.

thorsoak

far2812 wrote: »

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

What I can see as being wrong here, is that despite the fact that your brother knows that he needs to keep a clean driving licence if he is to keep his business/livlihood, that he persisted in using a mobile phone whilst driving! Once - could be a mistake, twice is stupid - but three times???

It has been proved time after time that using a mobile phone whilst driving is dangerous ....how long will it take for your brother to realise that yes, it does apply to him as well! Or is he just as thick as the guy who was stopped by the police for texting on one phone, speaking on another - and who still made the police wait whilst he finished his conversation?

See http://www.driving.org/diamond/news/2011/08/15/ban-for-driver-caught-using-two-mobiles

gizmo111

The solicitor could have submitted his pleadings in writing. Not sure what the sentence for your brothers crimes ar but most driving ones have an automatic sentence and very little by way of defence.
He would have 9 points on his licence for the 3 imes he was caught and could be banned under the totting up if he has other points.
I think you need to seperate the 2 things
1) It is highly unlikely that you will be able to appeal and reduce the sentence even if the solciitor attendd.
2) If you feel that you did not receive a service then deal with the firm seperately.

Pollycat

I'm glad to read the posts by Tygermoth, mountainofdebt & Thorsoak.

I actually thought the same but decided not to post my thoughts.