Personal Injury Solicitors being evasive

StretchedElf

In March this year my partner was involved in an RTA and began a personal injury claim against the other side. Everything seemed to be going smoothly and the firm representing her told her they would have everything wrapped up very quickly as the other side admitted liability immediately.

However, since accepting an offer my partner has received no contact from her solicitors. She has emailed them and never received a reply, and she has telephoned them but is always fobbed off, being told that the person dealing with her case is unavailable and that nobody else can speak to her. At first they would promise to ring her back later in the day but never did. After a while they began saying that her case had been transferred to another colleague and he was out of the office. Most recently she has heard contradictory excuses, ringing in the morning to be told he is on paternity leave and she must wait till he returns, then in the afternoon being told he has left for the day and will be back in in the morning.

Obviously you start to get worried when you feel like you are being fobbed off, but when you feel like your solicitors is actually lying to you serious alarm bells start to ring.

Does anybody know what we can do or what we can maybe say to them to get a proper response from them? She has just come off the phone to them again after insisting to speak to someone only to be told her file cannot be found!

They are listed on the lawsociety.org.uk which I presumed made them legit, but we have a terrible feeling we will never see that cheque.

The_Black_Sheep

Sounds like you've been had, although I suppose there's an outside chance that this isn't the case.

Optimist

They will have a complaints procedure, your partner needs to use it in the first instance.

InsideInsurance

There is now an ombudsman to deal with escalated complaints about solicitors - http://www.legalombudsman.org.uk/ - I am sure they can give you advice either on the phone or via their website.

In short, like most ombudsman, you must first put your complaint in writing to the Solicitor headed as a formal complaint. If you are not happy with their response or you do not receive a final response within 8 weeks of sending the letter you can then escalate it to the ombudsman to adjudicate it

bod1467

Is this ombudsman in addition to or as a replacement for the Solicitors Regulatory Authority?

Either way, as said above you need to start the formal complaint process with your solicitor first.

Hintza

Ask to speak to one of the senior partners, if that fails send them a letter. After which you can take it further.

InsideInsurance

bod1467 wrote: »

Is this ombudsman in addition to or as a replacement for the Solicitors Regulatory Authority?.

See http://www.legalombudsman.org.uk/downloads/documents/work_other_bodies/100106-MoU-Legal-Ombudsman-and-SRA-FINAL.pdf or http://www.sra.org.uk/consumers/problems/report-solicitor.page

The two organisations co-exist but have different areas of interest. The ombudsman is very much about "service" where as the SRA is about their own principles

Mersey_2

This could be a case of professional negligence and so you could go to afirm specialising in this and they will investigate your case. If it isn't it will at least speed up your current solicitors!

You should also complain to the Law Society (SRA). You can complain to them direct.

Did the firm ever give a figure? As you should have agreed to any settlement figure. There are a number of scenarios, including them losing the file and the fee earner leaving the firm; but none of these are your fault and the firm shouldn't be ignoring you or potentially holding onto any settlement monies.

StretchedElf

Quick update:

After reading the advice of the first few posts my partner rang again and basically told them that if they continued messing her about she would be forced to start a formal complaint. No sooner had she said this she was told that they would post the cheque today!

Since I was going to be in the area (adjacent town) I said I would collect it in person (as I genuinely foresaw us sitting around waiting for post that would never come and being fobbed off with "Well we posted it ages ago..."). I arrived at the offices of the solicitors and explained why I was there and was promptly told that everyone was on their lunch and unavailable. Unfortunately I couldn't wait around as we (family) had a dentist appointment so I had to leave extremely frustrated, but not before telling them that if we weren't satisfied by the end of the day we would make a formal complaint and escalate this to the ombudsman if they failed to address this to our satisfaction. I was assured that someone would ring by 2pm, and here I am.

Assuming this does go the way of a complaint and then to the ombudsman, what chance is there of actually getting the cheque? (In answer to Mersey, yes a settlement figure was agreed in writing (email).)

Mersey_2

As a figure was agreed, that's a concluded agreement and should normally be paid within 14 days (if litigated).

A cheque is the usual, although some solicitors will do BACS transfers.

As you've already complained, I'd go straight to the SRA (you can ring them). In any event, you can complain to them first and they'll contact the firm asap or the Ombudsman if appropriate.

http://www.sra.org.uk/consumers/problems/report-solicitor.page#when-report-sra

You can email them, as you'll see. The firm are potentially in breach of the Solicitors' Conduct rules and so it is a serious matter.

StretchedElf

Thanks mersey, just to clarify, the figure is a settlement offer made by the other side through my wife's solicitors which she accepted through the same. Also we haven't complained formally yet so if we aren't satisfied today we will begin down that road. Is it possible that we will not get anything (financially) from this?