Can we sue Solicitor?

Loretta

You are of course entitled to sue your solicitor for this dreadful inefficiency and this awful situation however it is easier said than done.

It will be impossible to find a solicitor to take the case on.

If you complain to the Law Society today you will be lucky to get an answer this year and then every year from them and they will ask if you really want your complaint to be considered.

If you find that your solicitor has committed a criminal offence, like taking a class A drug into his lover in prison and bringing the empty syringe back out of the prison hidden in his shoe, and he is caught red handed and is prosecuted, found guilty and sentenced to 6.5 years for it you will find that the Law Society and the firm he worked for are completely unaware of any of this, even if it is on News At Ten.

His employer will either have forgotten he ever worked there for 10 years or they haven't noticed they haven't seen him in the office for months/years and they will not be sacking him even if he has taken all your money.

The Law Society will not remove his practicing certificate, partly because they did not know he had been convicted and even though he has taken money from client's accounts several times before and been disciplined, they think it is a bit mean of he loses his livelihood

This what you will be up against - ask me how I know!

tberry6686

Have the missives definetly been concluded. If so the seller has no choice but to complete (in Scotland) as a legally binding contract is formed at conclusion of missives.

not sure how this would work with inhibitions etc in place but the vendor will now be in the doodoo big time if they cannot get the deeds transferred.

Your solicitor on the other hand should be sh****g bricks as this is nothing short of negligence and if both you and the seller are using the same solicitor then it is also against law society rules and ethically wrong. A complaint to the law society is in order (expect your solicitor to be bending over backwards to do everything possible to get you out of this mess as they could well loose there livelyhood over it)

centretap

Unfortunately I think thearfullodger is right. Solicitors are likely to cover each others backs.

Annisele

I think the OP has two possible causes of action: one against the vendor, and one against the solicitor.

Finding a solicitor to sue the vendor shouldn't be hard at all - but presumably he hasn't got any money or this mess wouldn't have happened. As others have said, finding a second solicitor to sue the first solicitor may be more problematic. In, say, Edinburgh or Glasgow I wouldn't expect too many issues, but as the OP has managed to use the same solicitor as the vendor I'm expecting a much smaller town.

However, a complaint to the first solicitor and/or the Law Society of Scotland may do something. I think I might also be in touch with the lender - it sounds as though the lender hasn't actually suffered any loss, but I very much doubt that they'll be impressed with the solicitor.

OP - do you have any legal expenses insurance? Maybe as part of your buildings and contents insurance?

greenhill

Can't offer any advice I'm afraid.

Just want to say........How bl**dy horrible! Really feel for you x

googler

tberry6686 wrote: »

Have the missives definitely been concluded. If so the seller has no choice but to complete (in Scotland) as a legally binding contract is formed at conclusion of missives.

The buyer has moved in. In the normal course of events, this would only be after missives were concluded. Unless the seller or their solicitor has handed over the keys without concluding.....

OP, can you recall if you've signed the disposition?

sonastin

centretap wrote: »

Unfortunately I think thearfullodger is right. Solicitors are likely to cover each others backs.

Not necessarily.

If the OP was wanting to sue for something that any solicitor might do, no solicitor will take on the case for fear of setting a precedent which they might end up breaching.

But for something which is obviously wrong, a solicitor is just a likely to be absolutely horrified that a fellow "professional" could scr*w with someone's life in such a negligent way and they'll want to see that the wrong-doer is punished to ensure that the whole profession isn't tarnished.

This case sounds like one that any self-respecting solictor would gladly look into.

ticket2ride

Loretta wrote: »

ask me how I know!

how do you know?

GDB2222

Can I just say that the merchants of doom who say that you won't find another solicitor to help you are talking complete rubbish. There's absolutely no problem, especially as this appears to be one of the most clear-cut cases of negligence I have ever heard about.

Just as one example: http://www.westlondonlaw.com/pages/solicitors-negligence.php

We specialise in suing Solicitors for negligence and breach of contract. We undertake a large amount of work whereby we litigate against panel solicitors appointed by insurers.

We take legal action against professionals, predominantly solicitors, for negligence and/or breach of contract and/or breach of fiduciary duty

You'd be better off with a Scots firm, though. (Assuming the original post is not a complete wind-up!)

lindos90

Oh poor you, I do hope you get this sorted, theres already some very good advice on here for starters.


It makes my gripe about our solicitor 'forgetting' to update the title deeds to our names very tame compared to your problems!