Issue with Solicitor

JoJo445

Hello, does anyone happen to know what rights a client has when their solicitor won't share correspondence received from the opposing party? The solicitor is no longer instructed by myself but when I recently called him to ask for a final statement of account, he mentioned that he had received correspondence from the opposition. I was surprised about this as my solicitor once stated (in an email) that he is professionally obliged to let me know if he receives correspondence from them. If I hadn't called him, I would never have known about this.

After the call, I emailed the Solicitor to ask for a copy of the correspondence but he responded by saying that after speaking with the compliance team, he was unable to share the correspondence with me. Unhappy with his response, I am preparing a letter to ask him the following:

1. Legal/Regulatory Bar: What specific legal or regulatory restriction prohibits you from sharing this third-party correspondence with me?

2. Basis of Restriction: Did this restriction arise as a result of confidentiality, legal professional privilege, or another specific compliance issue?

I believe that I will be involved/mentioned in the correspondence and therefore I wonder if it is appropriate to make a Subject Access Request (SAR)? Something along the following lines…

3. Furthermore, as this correspondence likely contains my personal data, please accept this letter as a formal Subject Access Request (SAR) under the Data Protection Act 2018 and the UK GDPR.

I would be really grateful for any help/information, especially if you have experience or knowledge in this area.

Thanks

A_Geordie

Hello

The key point here is that the solicitor is no longer instructed, so that continuing duty to inform you no longer applies. Refusing to share the correspondence sounds a little fishy, unless that correspondence puts them in a conflict of interest or somehow breaches the code of conduct if it were to be shared.

Rather than write a letter with speculative questions, just keep it simple.

Assuming all outstanding fees have been paid, you are entitled to request a copy of your file, which may come at a small fee but if you specifically request a digital copy then the costs are likely reduced due to photocopying, and it should be on file anyway unless they still operate in the dark ages.

There's a useful link to explain who owns the file and what documents: https://www.lawsociety.org.uk/topics/client-care/who-owns-the-file You may need to register but worth reading.

Anything you don't own can then be requested via subject access request, just be specific as to what you're looking for e.g. all information they hold about you, including the recently received correspondence that the solicitor mentioned that they received from the other side. A combination of a SAR plus copy of your file usually yields what you want.

You could, optionally include as part of your SAR request that, section 173 of the Data Protection Act 2018 states it is an offence for a person … to alter, deface, block, erase, destroy or conceal information with the intention of preventing disclosure of all or part of the information that the person making the request would have been entitled to receive.

If you're still struggling, make a complaint following their complaints procedure which they are obliged to give you. Still unhappy with the response/action taken, follow it up to the Legal Ombudsman.

If you wanted to go nuclear, you could threaten to report the solicitor/firm to the Solicitors Regulation Authority for breach of the code of conduct, but I would only do that if you're confident of knowing what parts of the code they have breached otherwise it makes you look desperate and not knowing what you're talking about.

Should they decide to be difficult, it's not an overnight process so be prepared for it to drag out.

Woodstok2000

Further to the above, it may be quicker to also contact the opposition and advise them of the situation too. They should already have been informed, but you can request they re-send the correspondence to you/your new solicitor.

Keep_pedalling

Is this to do with the ongoing nightmare of the contested estate that you are the executor for?

JoJo445

Thanks A_Geordie for your post and yes, Keep_pedalling, this is the same dispute.

An important thing to mention is that a claim form has recently been issued. Can the fact that there are now active legal proceedings in motion assist with my request to access the correspondence previously sent to my former solicitor by the opposition?

Thanks in advance for any help/advice.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82025951#Comment_82025951

Which begs the question. Have you informed the other party of change of solicitors?

Okell

https://forums.moneysavingexpert.com/discussion/6671187/issue-with-solicitor

"… The solicitor is no longer instructed by myself but when I recently called him to ask for a final statement of account, he mentioned that he had received correspondence from the opposition. I was surprised about this as my solicitor once stated (in an email) that he is professionally obliged to let me know if he receives correspondence from them…"

You haven't confirmed whether you have paid the former solicitor everything you owe. If you no longer instruct them but you still owe them money, they won't hand the file over to you.

https://forums.moneysavingexpert.com/discussion/comment/82025978#Comment_82025978

@JoJo445 - why don't you simply ask the other party (or their solicitor) to send you a copy of the relevant correspondence as you have changed solicitors?

AIUI you (and your fellow executors?) are being sued by a family member in your capacity as executor of a relative's will.

If the estate is worth enough to justify a disgruntled potential benefactor suing you as executor of the estate, then you really need professional paid for legal advice - preferably from a solicitor with expertise and experience in litigating contested wills.

Your legal costs in defending the claim are payable by the deceased's estate, not by you.

Is the claimant aware that your costs in defending the claim will be paid by the estate (thus reducing its value) and that if he loses he will have to pay your (ie the estate's) costs?

Or is this a case of him cutting his nose off to spite his face in order to make a "point of principle" and cost is of no importance?

(Has it really been going on for four years?)

JoJo445

Hello born_again.

Both parties are litigants in person. The solicitor helped me get a limited grant to sell the property a few years ago and was asked by the probate registry to hold the sale proceeds on behalf of the executors until the dispute is settled.

Okell

@JoJo445 - if I were you I'd post over on Legal Beagles at Wills,Probate and Bereavement - LegalBeagles Forum

Okell

https://forums.moneysavingexpert.com/discussion/comment/82026283#Comment_82026283

How much is the estate worth and how much of that is at stake here?

You're aware of the old saying that a lawyer who represents himself has a fool for a client?

I'd suggest that saying is doubly true of LIPs in contested will litigation. It's a very specialised area of law

JoJo445

https://forums.moneysavingexpert.com/discussion/comment/82026278#Comment_82026278

Hello Okell, it's been going on since 2019. The Claimant is one of the Executors (and beneficiaries), as are the Defendants. Both parties used contentious probate solicitors at the beginning but couldn't reach an agreement (unfortunately the Claimant is not reasonable in terms of a settlement). The estate is modest and it does not make any sense for the Claimant to have issued court proceedings (disgruntled beneficiary). I think that the correspondence relates to the fact that my solicitor should have paid interest on the monies he is holding. All bills have been paid up to date with the Solicitor.