Compromise Agreements - Help??

unlikelyheroine

andygb wrote: »

I actually agree with a few points which you make, but please reread my last paragraph.

The final lines of your post were reasonably valid, and some junior lawyers are impolite to support staff from time to time because they believe they know more on all things. That said, they DO know more law and regulation than a secretary, are trained professionals and are there to be supported by secretaries and other non-fee-earning staff., not "squashed", and not put in their place. The idea that a secretary can put a trainee or junior solicitor "right" about anything except politely guiding them on certain aspects of firm admin, or indeed that a member of support staff has any authority to manage a trainee's attitude or approach etc and can "put their foot down" with them simply because they are junior and new is just plain wrong. Over the course of my career I have seen an evolution in the training and approach of secretaries and other staff where the type of attitude you are suggesting has gone out of the door.

andygb

unlikelyheroine wrote: »

The idea that a secretary can put a trainee or junior solicitor "right" about anything except politely guiding them on certain aspects of firm admin, or indeed that a member of support staff has any authority to manage a trainee's attitude or approach etc and can "put their foot down" with them simply because they are junior and new is just plain wrong.

This is not a matter of them being "junior and new", because they are after all adults. This is about the odd occasion when they are in the wrong, and believe me they have to be told when they are wrong. The fact that they know the rules and regulations is neither here nor there, when the pressure is on, and they think that coercion or bullying will get the job done.
There is very little leeway when it comes to the SAR's, and in large firms, a member of the support staff saying "No" to a solicitor is almost a daily occurence - and it does not result in a disciplnary action or dismissal.
I have dealt with this from a regulatory point of view for a long time, and have seen instances of fraud, embezzlement, misappropriation of client funds, and they have nearly all happened where the solicitors (usually partners actually) have bullied support staff into turning a blind eye, or committed crimes when the rest of the staff have gone home.
I have also seen support managers speak to and then report solicitor's behaviour to the senior partner, where it is deemed necessary.

LegalSec

Thanks a bundle everyone. I asked a simple question and out of 22 replies only received one useful reply. Everyone else wanted to know what I done and referred each other to past posts.

If you read these carefully you will note I thought I was being hounded out for no reason. I have never admitted to telling any client to F*** Off as alleged. Solicitors and Secretaries live a bit of Downtown Abbey. Secretaries are bullied and must not yell back under any circumstances. When they do, they are sacked. I know this through experience.

And so what if I shouted back at my disciplinary hearing, no one else was going to speak up for me.

Another thing. Even though the hearing was at 5pm, i.e after hours, they still brought into the disciplinary that I had worn jeans to the hearing. After hours!!!

I was allowed legal advice under the Settlement Agreement but the lawyer was younger than me and useless. So I have now had to sign a Settlement Agreement (Compromise Agreement) declaring that my dismissal (including wearing jeans to work) was justified and fair and with no reference.

It will be ages before I can work as a Legal Secretary again.

But at least I have received a payout and I have another job as a Secretary in a Management Consultants. Things are on the up despite all your efforts!!!

ohreally

LegalSec wrote: »

I was allowed legal advice under the Settlement Agreement but the lawyer was younger than me and useless. So I have now had to sign a Settlement Agreement (Compromise Agreement) declaring that my dismissal (including wearing jeans to work) was justified and fair and with no reference.

Did you choose this lawyer yourself?

PHILANTHROPIST

QUOTE LegalSec - Thanks a bundle everyone. I asked a simple question and out of 22 replies only received one useful reply. Everyone else wanted to know what I done and referred each other to past posts.

I was allowed legal advice under the Settlement Agreement but the lawyer was younger than me and useless. So I have now had to sign a Settlement Agreement (Compromise Agreement) declaring that my dismissal (including wearing jeans to work) was justified and fair and with no reference.

It will be ages before I can work as a Legal Secretary again. QUOTE

You should have let the forum know re the above. For my part I would have happily checked out validity of your draft agreement at no cost.

If you have robust evidence that your "young" lawyer let you down then prima facie it is likely that the solicitor/ law firm did not act in your best interests.

I am usually a tempered MSE contributor, but when it comes to solicitors I am generally outraged at how poor and shoddy a service the majority of them provide. For the main part I believe that many solicitors act in their own interests, and not those of their clients. Many are also poor at paying attention to detail.

Re your scenario I would recommend that you ask your solicitor for their law firm's internal complaints procedure and if your allegations are accurate then you should receive some modest compensation for any emotional impact and/or distress and anxiety that may well have been caused as a result of the poor legal advice / service that you (allegedly) received. It would also be wise to inform the Legal Ombudsman:

http://www.legalombudsman.org.uk/

jonnyd281

PHILANTHROPIST wrote: »

QUOTE LegalSec - Thanks a bundle everyone. I asked a simple question and out of 22 replies only received one useful reply. Everyone else wanted to know what I done and referred each other to past posts.

I was allowed legal advice under the Settlement Agreement but the lawyer was younger than me and useless. So I have now had to sign a Settlement Agreement (Compromise Agreement) declaring that my dismissal (including wearing jeans to work) was justified and fair and with no reference.

It will be ages before I can work as a Legal Secretary again. QUOTE

You should have let the forum know re the above. For my part I would have happily checked out validity of your draft agreement at no cost.

If you have robust evidence that your "young" lawyer let you down then prima facie it is likely that the solicitor/ law firm did not act in your best interests.

I am usually a tempered MSE contributor, but when it comes to solicitors I am generally outraged at how poor and shoddy a service the majority of them provide. For the main part I believe that many solicitors act in their own interests, and not those of their clients. Many are also poor at paying attention to detail.

Re your scenario I would recommend that you ask your solicitor for their law firm's internal complaints procedure and if your allegations are accurate then you should receive some modest compensation for any emotional impact and/or distress and anxiety that may well have been caused as a result of the poor legal advice / service that you (allegedly) received. It would also be wise to inform the Legal Ombudsman:

http://www.legalombudsman.org.uk/

Grounds for a complaint do not include the solicitor being younger than you. Perhaps if you are going to give advice remove any prejudice (something you are displaying quite clearly in this post).

PHILANTHROPIST

jonnyd281 wrote: »

Grounds for a complaint do not include the solicitor being younger than you. Perhaps if you are going to give advice remove any prejudice (something you are displaying quite clearly in this post).

Pardon !?

Please kindly re-read the original post by legal sec re legal advice and my reply. The reference to "younger" and/or age has no bearing on the matter whatsoever. To advice upon a settlement agreement would, or should, require the services of a solicitor or a barrister. In this instance one can reasonably presume it was the former. Age is immaterial. The matter at hand appears to be an alleged failure by a lawyer to provide an adequate service.

Understand ?

Am I prejudiced against solicitors ? No. Am I , and the general public, disappointed by many of them to the point that solicitors are not trusted ? Yes.

getmore4less

The op's claim is the solicitor was younger and useless, post 24, that's it.

lets ignore younger not sure that is relevant.

The time to address the "useless" is during the consultation if not happy and you think you know better you talk through and get a second opinion.

(there are times you find out your advice was useless after the event but I don't think that is the case here)

Why agree to a settlement agreement if not happy with the settlement?

fruitedeli

PHILANTHROPIST wrote: »

Pardon !?

Please kindly re-read the original post by legal sec re legal advice and my reply. The reference to "younger" and/or age has no bearing on the matter whatsoever. To advice upon a settlement agreement would, or should, require the services of a solicitor or a barrister. In this instance one can reasonably presume it was the former. Age is immaterial. The matter at hand appears to be an alleged failure by a lawyer to provide an adequate service.

Understand ?

Am I prejudiced against solicitors ? No. Am I , and the general public, disappointed by many of them to the point that solicitors are not trusted ? Yes.

Have you ever considered it's the clients who don't have a leg to stand on who expect solicitors to pull a miracle, and when reality is they have little to no legal recourse, they try to blame the solicitor's legal knowledge and capabilities?

PHILANTHROPIST

fruitedeli wrote: »

Have you ever considered it's the clients who don't have a leg to stand on who expect solicitors to pull a miracle, and when reality is they have little to no legal recourse, they try to blame the solicitor's legal knowledge and capabilities?

The Legal Ombudsman form independent decisions re whether or not a regulated solicitor has provided a suitable standard of service.

Your cynical view is in reality not credible, but you are of course entitled to give it. My cynical view is based on years of painful experience dealing with solicitors. Some are good. Most are average. Some are bad. Most are arrogant. Very few accept constructive criticism.