Professional negligence investigation of my own solicitor (can't find where a legal question goes)

strongeyecontact

Hi there

I don't know where to get this information, having tried every professional body I can think of. I would really appreciate any help.

Trying to give the short version, sorry in advance:

- I had a negligent and unnecessary NHS operation, and won the negligence case in 2019, after nearly 7 years.

- In the last year, I came to learn that my own solicitor was just trying to settle and get rid of me.

- I put in a complaint against them, and was provided with a large amount of hard copy documentation - but not all, I later discovered.

- I have so much evidence but just last summer I discovered the bombshell that my solicitor hadn't sent my huge evidence bundle to my barrister. 

- So he had very little to base my permanent loss of earnings upon, and I was all but forced to settle for less than 15% of what it should have been. 

- Without even having joint experts' statements, which were all favourable for me.

- And the most critical part, without having the surgeon's log book, which showed he had lied in his court statement about his experience. I was the very first person he had operated on without being in a training environment under his professor's watchful eye, contrary to him saying he had performed the operation "many times".

- Both these items had been incessantly delayed by the NHS's legal team and my incompetent solicitors just let them get away with it. They were Ordered to be presented to the Court the week following the enforced settlement.

- Settlement was forced upon me when my solicitor had gone on holiday and the case was given to two other solicitors, who between them spent just a few hours reading my case - and never even touching my evidence bundle.

I managed to find another firm of solicitors who would take the case on without me spending five figures on them doing an initial investigation, but only if I sign a conditional fee agreement giving them the lion's share, with some very interesting wording, shall we say.

However after being stonewalled by my original firm, who will not provide the case files as they say they have already given them to me, I am now being told I need to pay hundreds of pounds for the file to be sent to my new solicitor. 

My question is just, is this legal? I would have thought if a legal firm has a complaint against them, they are duty bound to provide the files to the other firm?

My other question is, how much are they allowed to charge?

My original firm said they sent me everything, but looking through the date logs of possibly thousands of emails and attachments, frequently which weren't supplied, I know I was not sent everything. How do you prove that, though? It was only by chance that I realised my barrister had not received my evidence.

I would be happy to pay for a firm of new solicitors if I thought they really had my back and wanted the case, but in no way do I get that impression.

I would so appreciate any help on this situation, which has mentally and physically permanently detrimentally affected me - I don't want to say destroyed, but it's really not far from.

Thank you to anyone who takes the time to read this epic post.

strongeyecontact

I should add, I don't want any money from this - I used to run an animal rescue but was forced to give it up because of this. I will happily give ALL of my award on winning, because I don't see how I can't win - to a registered animal charity. I just can't let this legal firm do this, and I really want the case investigated so that I can get it into the media.

Voyager2002

Have you made contact with the Solicitors' Regulatory Authority?

strongeyecontact

I did way back when my complaint started, it’s been with the Ombudsman ever since. They haven’t made any ruling yet (their investigator left so they had to assign a brand new one) so I haven’t had to make the decision to go with the Ombudsman’s judgement or decline that and take it via a legal firm yet.

Savvy_Sue

I'm not sure any new solicitor would take a case on while it was in the hands of the Ombudsman. 

strongeyecontact

I can't answer that but I can't see why, when they can see the strength of a case. It depends how they feel about the actions taken by my original firm, I guess.  

When I gave the case to the Ombudsman, I didn't know about this most grave failing. So any time limitation wouldn't start until last year. If I had a new legal firm that gave a damn, it would effectively make the Ombudsman case null and void, because right up to the point I accept the Ombudsman's decision, which hasn't even been given yet, it doesn't affect a new court case, and I wouldn't do that if the case was being investigated again. 

I only went to the Ombudsman because I was told that was the procedure to follow if I wasn't happy. I'm glad I did, because I would have missed the evidence I have discovered in that time otherwise.

Savvy_Sue

This is way outside my area of expertise (if indeed I have one), but I still think it will be hard to get anyone to look at a case while it's under consideration by the Ombudsman.

Can you contact the Ombudsman and check how much longer they might be? And, do they have your latest discoveries, and if not will they accept them?

strongeyecontact

Sorry Sue, I missed the notification you’d replied. 

So firstly the Ombudsman lady has said her findings should be finalised within three weeks, which was over a week ago. So that’s nearly finished. And yes, they do have all the information I found out, and I imagine would have asked my legal firm for their response. 

I already know what that is, because they told me. The partner who was in charge of my case left the firm, after more than twenty years there, within a week of the end of my case. I’d so love to have been a fly on the wall during the discussions between him and the CEO that led to that but alas I’ll just have to use my imagination. 

The firm therefore have repeated the line throughout my complaint investigation that as the solicitor is no longer there, they cannot say exactly what happened, and they also cannot disprove what I discovered. At the end of the day, as with all legal disputes, it would come down to a judge’s opinion 🤷‍♀️