ChatterBank0 min ago
Solicitors Making Mistakes -What Can You Do If You Find Out?
14 Answers
Has anyone experienced this or has anyone knowledge on this? What can you do if anything?
Supposing a solicitor has missed telling you something that proves crucial - and ends up costing you financially -where does that leave you? You find out too late (years too late) as you could only act within a certain time limit and you cant now act.
Assume you are completely ignorant about the route to take on a matter and this is the reason you go to them in the first place and you trust them.
Should you expect your solicitor to know and advise you well or can they get around this in some way legally?
Supposing a solicitor has missed telling you something that proves crucial - and ends up costing you financially -where does that leave you? You find out too late (years too late) as you could only act within a certain time limit and you cant now act.
Assume you are completely ignorant about the route to take on a matter and this is the reason you go to them in the first place and you trust them.
Should you expect your solicitor to know and advise you well or can they get around this in some way legally?
Answers
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How many years after the mistake was this, to make it too late to claim? When was the first time that you could have reasonably discovered the mistake? Short of suing, and possibly making suing unnecessary, you may be able to get redress from the solicitors' governing body in such matters, the Solicitors' Regulatory Authority . They deal with mistakes,...
00:09 Fri 14th Jun 2013
How many years after the mistake was this, to make it too late to claim? When was the first time that you could have reasonably discovered the mistake? Short of suing, and possibly making suing unnecessary, you may be able to get redress from the solicitors' governing body in such matters, the Solicitors' Regulatory Authority . They deal with mistakes, professional incompetence and mismanagement, overcharging and all other matters relating to breach of profession's rules of conduct. Have you raised the matter with the solicitor? Your first step ought to be to raise it with the senior or managing partner, or the partner who deals with complaints against the firm . If that brings no satisfaction then go to the SRA. The SRA is not necessarily bound by statutory time limits; in their very nature, some complaints are not appreciated as such by laymen until very late on, and, I regret, some are never recognised and no action is ever taken
Thanks FredPuli, this is very useful.
It only became apparent when dealing with something related recently. I was being asked why I didn't do this and that (very right to ask me) a long time ago - 20yrs. The penny then dropped and it couldn't have been more obvious! but should have been completely obvious to a solicitor and I did seek advice at the time (I know my limitations). It is important now but I could not have predicted this. I am looking into it (no choice) to the extent I can but may take a while. Somehow I doubt I was the only person to have this sort of thing happen but unless you know something is amiss you cant do anything about it.
It only became apparent when dealing with something related recently. I was being asked why I didn't do this and that (very right to ask me) a long time ago - 20yrs. The penny then dropped and it couldn't have been more obvious! but should have been completely obvious to a solicitor and I did seek advice at the time (I know my limitations). It is important now but I could not have predicted this. I am looking into it (no choice) to the extent I can but may take a while. Somehow I doubt I was the only person to have this sort of thing happen but unless you know something is amiss you cant do anything about it.
Good reply from St Fred Brandy rose - and it has also happened to him I think on his Dad's will.
It has happened two or three times to be in my long life and like doctors' complaints, it all depends on whether you liked the fella who made the mistake.
The first was the my father's prime asset wasnt put in the trust he set up for all this assets. Oops. Everyone was long lived enough to have the assets reassigned without tax.
The second was that when I sold a house, the solicitor bleated there was question to title and I said there can't be, you conveyed it INTO my name and didnt raise this, fifteen years ago. This was solved by an affidavit stating I had taken adverse possession against the world for 12 years.
The third one was where a house HADN'T been conveyed into my name (question to title - you really do employ people to do this as yourself can't, and it is a bit like wills) and an unpleasant govt dept called the Assets Recovery Agency deemed it was theirs.
and rather than raise this with their regulator - which also has a time limit as well - I just went for nil extra cost and got on with the impt things in my life - AB, smoking, taking the dog for a walk.
It has happened two or three times to be in my long life and like doctors' complaints, it all depends on whether you liked the fella who made the mistake.
The first was the my father's prime asset wasnt put in the trust he set up for all this assets. Oops. Everyone was long lived enough to have the assets reassigned without tax.
The second was that when I sold a house, the solicitor bleated there was question to title and I said there can't be, you conveyed it INTO my name and didnt raise this, fifteen years ago. This was solved by an affidavit stating I had taken adverse possession against the world for 12 years.
The third one was where a house HADN'T been conveyed into my name (question to title - you really do employ people to do this as yourself can't, and it is a bit like wills) and an unpleasant govt dept called the Assets Recovery Agency deemed it was theirs.
and rather than raise this with their regulator - which also has a time limit as well - I just went for nil extra cost and got on with the impt things in my life - AB, smoking, taking the dog for a walk.
Any complaint should first be made to the firm who carried out the work addressed to the senior partner or the partner who deals with complaints their name should have been given to you when you first instructed them or make a telephone call to the firm to establish the identity of this person, but after a delay of 20 years the solicitor whom you claim was negligent may no longer be at the firm. There is no time limit on making a complaint, it is expected to be within 6 months of discovering the alleged negligence or of discovering the fault, if you are able to satisfy the firm that you could not have discovered the difficulty earlier and they have retained records for 20 years an investigation should take place.
Thanks Tony and Peter..very interesting..Tony yes you are correct as Law Society say same (just got their leaflet) and the procedure needs to be followed - partner of firm first, if still not happy you can contact Legal Ombudsman.
From what I've heard solicitors hate complaining about eachother but I suppose it depends and you can do it yourself if its worth it.
From what I've heard solicitors hate complaining about eachother but I suppose it depends and you can do it yourself if its worth it.
I do not think you will have any difficulty finding a solicitor who is pleased (even delighted) to take action against another solicitor who it is believed is negligent on the basis that there is no place in the law for this type of person. I think this may have been the situation some time ago, when perhaps there were only two or so firms in an area, it is most certainly not the case now.
A sorry tale :
When I started at the bar my pupil master had a case where someone had instructed a solicitor in a small town to start proceedings. The solicitor was so lax and negligent that after quite some while the action was struck out for want of prosecution. So the aggrieved party went to another firm in the same small town. They issued proceedings against the first firm, for negligence. Guess what? Some years later that action was struck out for want of prosecution.
In despair, the client travelled 30 miles to a firm in a big town. They instructed my pupil master. His advice ? Sue the lot of them, the crooks ! He settled for nailing the second firm to start with, thinking they might drag in the first anyway. They paid out a quite fantastic sum in settlement and quite right too
When I started at the bar my pupil master had a case where someone had instructed a solicitor in a small town to start proceedings. The solicitor was so lax and negligent that after quite some while the action was struck out for want of prosecution. So the aggrieved party went to another firm in the same small town. They issued proceedings against the first firm, for negligence. Guess what? Some years later that action was struck out for want of prosecution.
In despair, the client travelled 30 miles to a firm in a big town. They instructed my pupil master. His advice ? Sue the lot of them, the crooks ! He settled for nailing the second firm to start with, thinking they might drag in the first anyway. They paid out a quite fantastic sum in settlement and quite right too
Thanks FredPuli43, thats encouraging to hear.
My mother died a couple of years ago and her solicitor sent me the wrong will ! I was sent one she prepared two years before her last one. Anyway I only find this out by accident a year later (I know this is crazy) in a telephone conversation with this solicitor -I question some of the things he is saying and in a panic got on his dictaphone (while still talking to me on the phone) and I could hear him asking his secretary to send the right will out sounding really angry with her! This was comical enough but then he went straignt to the postcodes and all I could hear at the end of the line was him shouting D is for daddy and N is for noddy. This sort of said it all! My mothers estate at this point was not even sorted out and then he asks me if I have any strong influence over a particular relative. I asked him why? - said he had given her bank dockets and she had gone to the other side of the globe and he couldn't get money out of the bank without them and one of the banks had now gone under. Eventually she sent them back. He's a nightmare but I didn't have anything to do with him much. I wrote to the head of the firm re the wrong will being sent and I got an apology but couldn't be sure if the solicitor hadn't dealt with his own complaint. Our family home was built on land owned by someone else (historic stuff) and when my mother made enquiries about it he told her to relax - it wasn't worth worrying about but she left the house to a member of the family and it appears selling it could be impossible unless some deal is done with owners of the land -some members of the family think all this is hilarious.
My mother died a couple of years ago and her solicitor sent me the wrong will ! I was sent one she prepared two years before her last one. Anyway I only find this out by accident a year later (I know this is crazy) in a telephone conversation with this solicitor -I question some of the things he is saying and in a panic got on his dictaphone (while still talking to me on the phone) and I could hear him asking his secretary to send the right will out sounding really angry with her! This was comical enough but then he went straignt to the postcodes and all I could hear at the end of the line was him shouting D is for daddy and N is for noddy. This sort of said it all! My mothers estate at this point was not even sorted out and then he asks me if I have any strong influence over a particular relative. I asked him why? - said he had given her bank dockets and she had gone to the other side of the globe and he couldn't get money out of the bank without them and one of the banks had now gone under. Eventually she sent them back. He's a nightmare but I didn't have anything to do with him much. I wrote to the head of the firm re the wrong will being sent and I got an apology but couldn't be sure if the solicitor hadn't dealt with his own complaint. Our family home was built on land owned by someone else (historic stuff) and when my mother made enquiries about it he told her to relax - it wasn't worth worrying about but she left the house to a member of the family and it appears selling it could be impossible unless some deal is done with owners of the land -some members of the family think all this is hilarious.
Dear me! That doesn't sound at all funny. Unfortunately, we at the sharp end of the law (the solicitors are at the blunt end !) do get some shocking disasters or near disasters. One solicitor I dealt with, accepted , at face value, a visiting Australian's assertion, supported by no proper documents, that he was entitled to a house and funds from his mother's estate in England and promptly started to convey the house to him. This was surprising news to the Australian firm acting for the executors, who innocently enquired of the solicitor what form the title was in (registered or unregistered land)!
Anyway, these cases are fairly rare. What exactly is your instant problem?
Anyway, these cases are fairly rare. What exactly is your instant problem?
How can I put this FredPuli - its abit complex but you can get the gist from this.... I can put this hypothetically (you understand!) - say a person makes a complaint (serious one) in the past, person could have sued at the time but didn't. Loses big time. Person moves away and other party follows with their legal reps to put an end to matter not wanting the person to go further. Person put under pressure here. This was still within the time could sue but the person didn't know this but the other party did. Assume everything else is pretty strong the sticking point is around the person being well able to complain so could have sued (in theory) or this is what a judge (me thinks) would expect. Persons solicitor doesn't even mention as an option.
So I guess - hypothetically - what could be acceptable reasons for allowing a case like this to go through now? and how can the person best explain why they didn't act at the time. Hope this makes sense. Thanks.
So I guess - hypothetically - what could be acceptable reasons for allowing a case like this to go through now? and how can the person best explain why they didn't act at the time. Hope this makes sense. Thanks.
.
This is sortable isn't ?
You have correct will - I think this can be rectified . FP will tell you any losses are paid by Mr S the Solicitor. You have the bank dockets
The house built on someone else's land
has been left to someone else and so is the real problem of X
and the one who is laughing hasnt been left anything else at all
and so is not in the picture
I still think the issue is the second will and the house ownership
and very little to do with the lawyers themselves
This is sortable isn't ?
You have correct will - I think this can be rectified . FP will tell you any losses are paid by Mr S the Solicitor. You have the bank dockets
The house built on someone else's land
has been left to someone else and so is the real problem of X
and the one who is laughing hasnt been left anything else at all
and so is not in the picture
I still think the issue is the second will and the house ownership
and very little to do with the lawyers themselves
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