Solicitors file

[PAULANTHONY]

I have asked for new solicitors to represent my mum because we do not feel that her current solicitor is doing a very good job.

Her new solicitor has told her that she needs to give her authority for the file from the previous solicitor to be giving to her, is this correct?

Paul

[AndyOrch]

If you have asked for a new Solicitor and not your Mother then yes obviously she has to give her authority....

 

Regards

 

Andy

 

PS Welcome to CAG Paul

[PAULANTHONY]

I have asked for new solicitors to represent my mum because we do not feel that her current solicitor is doing a very good job.

Her new solicitor has told her that she needs to give her authority for the file from the previous solicitor to be giving to her, is this correct?

Paul

Mum is trying to claim damages because of work related injury but is not in the union, hence why she has gone to a solicitor for advice.

[PAULANTHONY]

If you have asked for a new Solicitor and not your Mother then yes obviously she has to give her authority....

 

Regards

 

Andy

 

PS Welcome to CAG Paul

 

Thank you for that Andy, will she have to pay a fee? and will the new solicitor be provided with copies from the file?

[AndyOrch]

Shouldn't require a fee....but if they have done any work up to the stage of switching they may bill her for work done so far.

[PAULANTHONY]

Shouldn't require a fee....but if they have done any work up to the stage of switching they may bill her for work done so far.

 

Yes they are wanting £243.88 for the work that they have already done which is fair enough before they release the file, mum is going to pay it this afternoon.

Will they the old solicitors have to take any copies of the original file? If they are being sued or is this not allowed as technically the work will have been paid for, not sure.

[AndyOrch]

I assume they would as they have to retain records.

[Ganymede]

Yes they are wanting £243.88 for the work that they have already done which is fair enough before they release the file, mum is going to pay it this afternoon.

Will they the old solicitors have to take any copies of the original file? If they are being sued or is this not allowed as technically the work will have been paid for, not sure.

 

Tell your mum not to pay a penny!

 

The original solicitor will keep a full copy of the file and also send the new solicitors a full copy.

 

The new solicitor should agree with the original solicitor to preserve a lien over there costs. You mum shouldn't need to pay anything.

[AndyOrch]

This is with regards to conveyancing work but I suppose the system is similar in PI claims.

 

 

How easy is it to get documents and paperwork transferred?

 

You may find that the original law firm won’t release any paperwork they are holding until they have been paid for the work they have already done. They are entitled to do this because they have a ‘lien’ – a sort of mortgage over the papers.

 

https://www.homewardlegal.co.uk/blog/can-you-change-your-solicitor-during-conveyancing-process

[PAULANTHONY]

Tell your mum not to pay a penny!

 

The original solicitor will keep a full copy of the file and also send the new solicitors a full copy.

 

The new solicitor should agree with the original solicitor to preserve a lien over there costs. You mum shouldn't need to pay anything.

 

My mums new solicitor has just advised her that they will pay the fee for the original file to be sent to the new solicitors: i assume this will be all the original papers/documents, can they or do they have to copy and maintain all paperwork ( original solicitor ) as a rule or once the file has been sent they do not need to keep record of the file for any future reference like if they need to refer back o file if a claim is made against them which is very unlikely but i am trying to cover all because i dont want my mum worrying. Thanks to all the people who have read and giving me and mum advice we are grateful.

[Ganymede]

My mums new solicitor has just advised her that they will pay the fee for the original file to be sent to the new solicitors: i assume this will be all the original papers/documents, can they or do they have to copy and maintain all paperwork ( original solicitor ) as a rule or once the file has been sent they do not need to keep record of the file for any future reference like if they need to refer back o file if a claim is made against them which is very unlikely but i am trying to cover all because i dont want my mum worrying. Thanks to all the people who have read and giving me and mum advice we are grateful.

 

 

The original solicitor will need to keep a copy of the full file they have. Once they pass the case on they don't need to add anything new to the file and can archive it.

 

It must be kept for 6 years in case it is needed for whatever reason.

[PAULANTHONY]

The original solicitor will need to keep a copy of the full file they have. Once they pass the case on they don't need to add anything new to the file and can archive it.

 

It must be kept for 6 years in case it is needed for whatever reason.

 

Thank you Ganymede, that gives a clearer picture.

[PAULANTHONY]

Just spoken to my mums solicitor who received the file this morning and they are asking her what fee agreement was arranged, what ever that means.

They have found a copy of a clientt care letter dated 12th September 2016 would this be the agreement? and would she have signed any paperwork like a contract pre the care letter being sent.

She is 71 but she only recalls having one meeting and cannot remember if she signed any paperwork at the meeting. I was with her and to be honest i cannot remember any paperwork being signed but i might be wrongg.