Solicitor not carrying out our instructions

Dan-Dan

Is this a conveyancer ?

Tyler119

Dan-Dan wrote: »

Is this a conveyancer ?

Yes it is, we contacted them, they gave a price and we said yes.

Shushannah

I can understand that you might regard all of your money as shared, my husband and I are the sam. However I can also see the solicitors problem.

The money is legally your partners not yours, so she is the client. Her interests are paramount. The solicitor needs to be sure that she has thought about what happens to her assets when she dies especially if her child is still a dependent.

The pair of you may be in agreement, but he needs to be sure that your partner has not been unduly influenced. Especially as she is making a decision which is not in her best financial interest and may not be in the best financial interest of her child.

Tyler119

Shushannah wrote: »

I can understand that you might regard all of your money as shared, my husband and I are the sam. However I can also see the solicitors problem.

The money is legally your partners not yours, so she is the client. Her interests are paramount. The solicitor needs to be sure that she has thought about what happens to her assets when she dies especially if her child is still a dependent.

The pair of you may be in agreement, but he needs to be sure that your partner has not been unduly influenced. Especially as she is making a decision which is not in her best financial interest and may not be in the best financial interest of her child.

After the meeting with the solicitor and I explained to her that I could see why he was asking her to do it his way as it would protect her money. She asked what I thought she should do and I said she should do what she thinks is best and what she wants to do. Hence why she did a letter to the solicitor instructing him to do it equally. I'd love to say that Ive influenced her, but I haven't in anyway.

My partner thinks that we should go elsewhere and next time tell them that it is our money jointly.

I guess we just feel that as he has been instructed on what to do, that should be the end of it.

Dave_the_Ginger_Cat

He may be a bit brusque, but what he's asking for does not appear to be unreasonable. He's asking to see her indepedently to make sure amongst other things that there is no coercion ofr pressure. I know these sorts of discussions feel uncomfortable, but they are worth having so everything is clear. He may also advise that you appoint separate solicitors to ensure fairness and that you are both well represented.

It may cost more, it may be inconvenient right now, but it's worth it in the long run.

olly300

Tyler119 wrote: »

But she has given her instructions. We are a fairly private people when it comes to these sort of things. We believe that we are paying him to do a job, sort the house paperwork out, so why should my partner have to justify everything to him. My partner has already made her decision, I have to respect that, so should he. And yes the man is totally arrogant! It is not his job to protect the inheritance as he was hired to do a specific job. Our finances have always been joint and we simply share everything as to us money is just a means to an end (which seems an odd sentiment these days).

We were joking the other day that he will probably say I should be paying rent!

The solicitor has a professional duty to do as much as possible to protect your partner's money regardless of your instructions.

The alternative is for him to refuse to act for you.

This is so in 5 years time if you split up your partner cannot turn around and attempt to sue the solicitor or raise a complaint about him. He is also being nice and saving you and your partner money in the future if you do split up.

Solicitors have a legal and professional duty to keep private matters private. They can be prevented from practising if they breach client confidentiality. If you are scared of talking to a solicitor about financial issues including making wills even you have a child, then may be you shouldn't be buying a property.

Some conveyancing solicitors also deal with other areas of law. However you also get conveyancers who aren't solicitors.

Personally I suggest you and your partner have a serious grown up talk about protecting the property for your child if you split up, one of you dies or your business needs cash from the property. Then go to see another solicitor get something drawn up or if you want to save on solicitor's fees just get married.

DRP

This is a life-changing decision and needs to be made after all the options have been discussed.

It is very likely that your presence at these discussions could subconsciously influence your partner. I think she should meet the solicitor alone in the first instance.

The solicitor's attitude may be a bit off (maybe not - we're only hearing one side of the story), but he has your partner's interests at heart.

We had a similar conversation (although much more cordial) with our conveyancer as my partner had a deposit and I had none.

Kayalana99

Tyler119 wrote: »

I guess we just feel that as he has been instructed on what to do, that should be the end of it.

No offense but I find this thread really pointless

I think you already knew you need to change solictors and Im not sure what you was looking for here - its ok all these people saying he has her best interests at heart but hasn't gone about it in a professional way at all.

Change. Move on with your life.

propertyman

What is wrong with having the meeting and then formalising ownership, provision for a breakup, and protecting the child ( or not if you agree after advice)?

That you write saying do as originally instructed does not discharge that concern.

The more you resit that, the more it reinforces the concern that there is undue influence or just plain naivety.

G_M

You have reacted emotionally to some sensible suggestions/advice.

It may well be that the solicitor communicated poorly(we were not there so don't know) but the points he raised are important, both to you/partner, and to him as a professional with a responsibility.

You should both seriously consider writing wills. You have property, and a child. A will is important.

You should consider the money and the property split. Yes, you have a commited relationship.... now. But spend some time reading these forums and you'll see how many people have problems because they did not take time to objectively review/plan their investments and life decisions.

It is a grwon-up responsible thing to do.

If you are uncomfortable with that solicitor, see another. And yes, your partner should have a consultation of her own as she has specific issues to understand/discuss.

But you are also right that at the end of the day, once you have taken proper advice and considered it, the solicitor should act on your instructions, whatever they are. So at that point, put them in writing in a jointly-signed letter.