Seeking a solicitor to take action against another solicitor for negligence

GlynD

glenrover wrote: »

its clear enough in that regard as we do not currently have a solicitor working for us. Last solicitor couldnt (or didnt want) to progress the matter further so we have been doing our own work since then. The solicitor friend i mentioned is a freind who wasnt acting, just guiding us a bit but they arent experienced and not in this field.

Have you spoken to Kevin winters yet?

glenrover

GlynD wrote: »

Have you spoken to Kevin winters yet?

Not as yet, i think i will hold off a couple more weeks until the bank confirms position. We will know more then who we need to go after etc. Thanks anyway in the interim for the suggestion.

GlynD

glenrover wrote: »

Not as yet, i think i will hold off a couple more weeks until the bank confirms position. We will know more then who we need to go after etc. Thanks anyway in the interim for the suggestion.

I e-mailed him yesterday and he's aware of this thread.

glenrover

GlynD wrote: »

I e-mailed him yesterday and he's aware of this thread.

I will maybe try and give him a buzz next week.
Many thanks Glyn.

Mistral001

glenrover wrote: »

its clear enough in that regard as we do not currently have a solicitor working for us. Last solicitor couldnt (or didnt want) to progress the matter further so we have been doing our own work since then. The solicitor friend i mentioned is a freind who wasnt acting, just guiding us a bit but they arent experienced and not in this field.

But have you formally dismissed the first solicitor? You might think you have but unless you have dismissed him in writing or verbally it is quite probable that he, under the law of contract, be still engaged by you/working for you/acting upon your instructions and as far as I can see no other solicitor can be employed by you or in fact comment on the matter (although friends who are lawyers might be able to point you in the right direction or answer generic questions).

GlynD

Mistral001 wrote: »

But have you formally dismissed the first solicitor? If you have not done that he is still engaged by you/working for you/acting upon your instructions and as far as I can see no other solicitor can be employed by you or in fact comment on the matter (although friends who are lawyers might be able to point you in the right direction or answer generic questions).

You don't have to formally dismiss a solicitor. Just find a new one who will request the file from the old one - end of story.

glenrover

Mistral001 wrote: »

But have you formally dismissed the first solicitor? If you have not done that he is still engaged by you/working for you/acting upon your instructions and as far as I can see no other solicitor can be employed by you or in fact comment on the matter (although friends who are lawyers might be able to point you in the right direction or answer generic questions).

Our first solicitor did some initial checking for us against the conveyancing solicitor-spoke to him once and wrote to him once. After that he told us that he couldnt help us any more as the conveyancing solicitor wouldnt co-operate and we needed to write to the bank and tell them all we knew. Im not sure of the formal procedures in this regard, had assumed that him saying to us that he couldnt do any more for us was enough. However if need be then we can write to him officially and confirm that he is no longer needed as such.

GlynD

glenrover wrote: »

Our first solicitor did some initial checking for us against the conveyancing solicitor-spoke to him once and wrote to him once. After that he told us that he couldnt help us any more as the conveyancing solicitor wouldnt co-operate and we needed to write to the bank and tell them all we knew. Im not sure of the formal procedures in this regard, had assumed that him saying to us that he couldnt do any more for us was enough. However if need be then we can write to him officially and confirm that he is no longer needed as such.

You don't have to write to him. Simply appoint a new lawyer and he will inform the old one that he's no longer in charge of your legal affairs.

glenrover

GlynD wrote: »

You don't have to write to him. Simply appoint a new lawyer and he will inform the old one that he's no longer in charge of your legal affairs.

Many thanks.

glenrover

GlynD wrote: »

You don't have to formally dismiss a solicitor. Just find a new one who will request the file from the old one - end of story.

Thanks also. We have all the info from our original solicitor as we asked copy for purposes of making complaint to Law Society against the conveyancing solicitor. Its just a copy of the letter that he sent to the conveyancing solicitor and his original phone conversation with him.