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Can a solicitor act without a client/solicitor contract in place


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I'm sure someone on here can give a straight answer as I am trying to help my granddad who was unfortunately hit by scaffolding that had been put up around his block of flats which is Council owned ( Old peoples properties )

 

He instructed a solicitor to claim for damages caused due to injuries which included broken arm and was told by the solicitor that he would be covered under a no-fee, no win basis.

 

Would this include a contract between both parties as I assume would be,

because the solicitor is now refusing to provide a copy of the contract that my granddad has asked to see.

The case is still unsettled.

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Of course there has to be an agreement...assuming they accepted the claim.

 

http://www.legalombudsman.org.uk/publications/no-win-no-fee/

 

Andy

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Drop the above a line ...see what they say

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Will do thanks.

 

So if there is no contract/agreement in place what should my granddad do?

 

Find another solicitor, report the solicitor, or claim against solicitor, think he is a bit old to be going down any of those routes, I feel guilty for telling him to make a claim for damages in the first place, landlords denied any responsibility which is just nonsense imo Andy

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You granddad should send a brief letter/email to the solicitor explaining to him that as he has not been formally instructed to deal with this case, no fees, no payments will be made whatsoever, your granddad is not liable for them and the solicitor is acting on his own accord without the proper and requisite authority and express consent of your granddad to do so.

 

 

Your granddad should also send a brief letter/email to the entity he is suing to inform them that this solicitor does not represent him in this matter.

 

 

Your granddad should then formally instruct another solicitor and ensure a contract is in place.

 

 

Haunter

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I spoke to the solicitor and asked him what he was playing at about 5 this afternoon.

I asked why he was not providing proof of being able to represent my granddad,

he assures me that this is just a genuine mistake

if my granddad gives his authority

I can have sight of this as he will provide the contract/agreement which is assuring.

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What makes you think no contract is in place?

 

Why do you want to see it anyway?

 

What makes you think that there is a contract in place?

 

I want to see it because a contract or to be able to legally represent my grandand should be in place, so why would the solicitor not want to show it, if that were the case?

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What makes you think that there is a contract in place?

 

"He instructed a solicitor to claim for damages caused due to injuries"

 

This.

 

 

 

I want to see it because a contract or to be able to legally represent my grandand should be in place, so why would the solicitor not want to show it, if that were the case?

 

But why do you want to see it? What are you looking for? Haven't they now confirmed you'll get a copy once your granddad gives them permission?

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"He instructed a solicitor to claim for damages caused due to injuries"

 

This.

 

 

 

 

 

But why do you want to see it? What are you looking for? Haven't they now confirmed you'll get a copy once your granddad gives them permission?

 

What am I looking for, strict proof that my granddads solicitor has the correct and required documentation that allows him to be in a position of legally representing my granddad as opposed to doing this unlawfully which having no contract/agreement would result in.

 

Are solicitors/barristers immune from working under a contract? if that is so, I am obviously barking up the wrong tree.

 

Just don't want my granddad being misled or misrepresented.

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If you want to stay working wit this solicitor you'll have to do what he said, get written authority from your granddad for the solicitor to discuss it with you and give you a copy of the agreement. Because of a solicitor's duty of client confidentiality they cannot give you copy documents without your granddad's express authority.

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What am I looking for, strict proof that my granddads solicitor has the correct and required documentation that allows him to be in a position of legally representing my granddad as opposed to doing this unlawfully which having no contract/agreement would result in.

 

Are solicitors/barristers immune from working under a contract? if that is so, I am obviously barking up the wrong tree.

 

Just don't want my granddad being misled or misrepresented.

 

You already said your granddad instructed the law firm.

 

It doesn't sound like anything unlawful is going on as contracts can also be verbal, but I fully expect that there is a signed CFA in this case.

 

No offence but it just seems like you're sticking your nose in and I can't quite work out what your angle is.

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It is a bit strange that the solicitor hasn't provided a copy of his terms yet.

 

Failing to provide an engagement letter does not make the representation 'unlawful', but it would put the solicitor in breach of some of his regulatory obligations (such as an obligation to inform your grandfather in writing of his right to complain to the Legal Ombudsman and other such things).

 

Is this issue really about something else - is your grandad unhappy with the representation?

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It is a bit strange that the solicitor hasn't provided a copy of his terms yet.

 

Failing to provide an engagement letter does not make the representation 'unlawful', but it would put the solicitor in breach of some of his regulatory obligations (such as an obligation to inform your grandfather in writing of his right to complain to the Legal Ombudsman and other such things).

 

Is this issue really about something else - is your grandad unhappy with the representation?

 

The otherside have made an offer which is considerably a lot less than the solicitor advised on being an amount for compensation, the offer and in all honesty is derogatory and not acceptable.

 

Solicitor has indicated that and in his opinion the offer should be accepted and has also indicated that if my granddad accepts this offer, which he is about to reject, the other-side will be liable for my granddads legal costs which have in princible been agreed by his solicitor and the solicitor working for the otherside.

 

Think my granddad is being pressured into accepting this offer not because of what my granddad will get but based on the legal fees granddads solicitor will be able to recover.

 

Again its awakward but I would hate the thought of my granddad being misled when at all times the solicitor representing him has no legal right to do this without a contract being not only in place but also some proof that the solicitor is not making profit from misrepresenting my granddad.

 

CAB have advised that before granddad makes any decision he should have proof that the solicitor representing him has followed the correct procedures that demonstrates he could represent granddad, my gut feeling is that he is not put himself into a position which allows him to take granddads case on, providing the contract/agreement would show everything was in order and the fact that previous requests for the proof of funding by way of providing a copy of the agreement/contract being denied, is a bit iffy imo

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It's impossible to advise if the offer is reasonable or not as we don't know what the injuries were or what offers have been made.

 

Your granddad instructed the solicitor (your words) so I don't understand this obsession that no contract is in place.

 

Your granddad needs to ask the solicitor himself for a copy of the CFA, or give you permission in writing, if he wants to see it.

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Thanks for the info. Unless I am missing something, the actual problem your gradnad is facing has nothing to do with whether or not a contract is in place.

 

Even if you find a contract, the settlement offer would still need to be dealt with. And I am sure your grandad would still be receiving exactly the same advice from the solicitor.

 

It is perfectly normal for solicitor's fees to be dealt with as part of any settlement. Solicitors are not charities and are entitled to be paid for their work. In smaller cases I'm afraid that legal fees can sometimes exceed the settlement amount.

 

Your granddad doesn't have to accept the settlement if he is not happy with it. Unless the solicitors are trying to say that he will be liable for their fees if he rejects the offer?

 

I am not sure what you are trying to achieve by focusing on searching for a contract. Yes I agree the solicitors should provide your grandad with a copy of their T&Cs engagement letter (which do not necessarily need to have been signed). But I doubt that will actually resolve the real issue.

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Have a wee look at this link from Solicitors Regulation Authority: (Help and Guidance & Frequently asked Questions) https://www.sra.org.uk/consumers/consumers.page

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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Does the OP yet have authority (to act on behalf of his grandfather) from his grandfather?

Until then, he has no more right to information about the (confidential) relationship between the solicitor and client than I have to demand sight of the agreement between them.

 

For all we know, the grandfather may be being pressured more by the OP than by the solicitor ........

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@ BazzaS

 

Completely Agree

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What sort of injuries and settlement figures are we talking about here? You mentioned broken arm - depending on how severe that could be anywhere from £5k to £50k

 

In the lesser cases (worth £25k and below) the costs that can be recovered from the other side are fixed in the Civil Procedure Rules.

 

So the comment in post 18 that the solicitors have agreed costs, suggests the claim is worth over £25k - is that correct?

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Does the OP yet have authority (to act on behalf of his grandfather) from his grandfather?

Until then, he has no more right to information about the (confidential) relationship between the solicitor and client than I have to demand sight of the agreement between them.

 

For all we know, the grandfather may be being pressured more by the OP than by the solicitor ........

I am not saying that I have any authority to act on behalf of my granddad, however, that is irrelevant at this stage, because whilst I may not have the authority, for now, I have the right to protect him because of who he is to me, period.

 

And if I feel the solicitor is acting shifty, because some do, and to the most vulnerable he will have me to deal with, period.

 

As for putting pressure on my granddad, why would I do that, the only person who is remotely putting any pressure on him would appear to be his solicitor who to date and for the most obvious of reasons cannot even show a legitimate contract when that obligation and duty was put to him.....

 

I reckon the solicitor is pulling a fast one, like they do, and making legal representation as to profit without having the authority or should I say data in place which would allow him to be able to do that.

 

Solicitor's and like any over businesses are bound by the law of contract, why solicitors are so convinced that they are immune from following those same standards, is probably the reason they have chosen that proffesion in the first place and are convinced that they can act above the law, trust me, they CANNOT, period...

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