Can a solicitor refuse to handle a complaint in writing?

BrutusBlu

An elderly relative of mine was in need of some legal advice so I looked around for a solicitor and arranged a consultation with one who seemed fairly reputable. Things seemed to be going awry early into it so we requested a cancellation via email which was followed up by a signed letter and another solicitor was hired elsewhere. However the money wasn't returned so a complaint was lodged. One of the solicitors later called me direct (my number was given as the contact) to try to get things back on track, to no avail. I requested a full breakdown of their charges which he agreed to send, but never did.

They have now stated through email that they will not handle to the complaint in writing without speaking to my relative over the phone even though their terms of business list this as an acceptable method. Can they do this?

Keep_pedalling

Do you have power of attorney to act for your relative?

ssparks2003

1. Who has the contractual relationship with the solicitor; you or your relative?

2. Has your relative given written permission to the solicitor that they may discuss matters with you.

3. The money not being returned, what money? They have completed some work so are due some payment.

4. Who does the money belong to; you, your relative, some third party?

BrutusBlu

Do you have power of attorney to act for your relative?

No.

1. Who has the contractual relationship with the solicitor; you or your relative?

2. Has your relative given written permission to the solicitor that they may discuss matters with you.

3. The money not being returned, what money? They have completed some work so are due some payment.

4. Who does the money belong to; you, your relative, some third party?

1. My relative
2. No
3. They didn't complete any of the work
4. My relative

My relative sent an email and signed letter via recorded post to lodge the complaint, request cancellation and request a breakdown of charges. I've also emailed them separately.

agrinnall

Speaking to your relative first seems quite reasonable as you don't have POA to act on their behalf. Many organisations would (and indeed, should) do the same.

steampowered

The solicitor's client is your relative. Not you.

It is not unreasonable for the solicitor to want to speak to the relative, to confirm that it is the relative giving instructions.

I am speculating here, but the solicitor may be worried that the emails and letters are in fact coming from you (rather than from your relative).

BrutusBlu

The solicitor's client is your relative. Not you.

It is not unreasonable for the solicitor to want to speak to the relative, to confirm that it is the relative giving instructions.

They had no problem communicating with me until they were fired. That's what the charges consist of, communications with me (querying their terms of business, timescales etc.). They didn't ask to speak to her.

ssparks2003

Ultimately the contract is between the solicitor and a person that is not you, they are following correct procedure.

Despite your message asking me not to post on your thread I will still offer you this advice.

Let your relative and the solicitor have a phone call, then if the matter is not cleared up to your relative's content then your relative can proceed with their formal complaint. You as a third party are unable to issue a complaint since you have no contractual relationship with the solicitor. Your attempts to argue otherwise is just dragging the matter out further.

[Deleted User]

mije1983 wrote: »

Unfortunately, nobody can stop anyone else from commenting on a thread on this forum

I think you mean "fortunately".

I hope this isn't going to be another of those threads where the OP deletes their posts simply because they don't like the responses.

mije1983

Moneyineptitude wrote: »

I think you mean "fortunately".

I hope this isn't going to be another of those threads where the OP deletes their posts simply because they don't like the responses.

Ooops, yes I did! Thanks

I'd started to write something else at the beginning and then remembered the 'be nice to newbies'.

Hermione_Granger

Moneyineptitude wrote: »

I hope this isn't going to be another of those threads where the OP deletes their posts simply because they don't like the responses.

Just in case:
https://web.archive.org/web/20180115233626/https://forums.moneysavingexpert.com/discussion/5775649