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

[Ganymede]

I get it, we just walk straight past the receptionist go charging through the building knocking down every door until we meet the solicitor, will have to try that next time, seriously.

 

 

No, you call up beforehand and book an appointment.

 

Can't believe you expected the receptionist to just hand over confidential paperwork to you there and then.

[BazzaS]

To remove any doubt JR up and running, Tribunal now jumping through hoops to conclude this now.

 

Great, dead easy for you to post up (redacted of personal details) your application, then..... just to show how wrong I am that you hadn't a hope of creating a judicial review application with ANY realistic prospect of success....

 

See Callum's thread .... it can speak to credibility.

 

 

I get it, we just walk straight past the receptionist go charging through the building knocking down every door until we meet the solicitor, will have to try that next time, seriously.

 

"Hello, is that ABC Solicitors?. You are acting for Mr. Bloggs, and he'd like to make an appointment to speak with the solicitor running his case. We're hoping that'd stave off the potential for a complaint.

................

Monday, at 3 p.m., that'd be great!".

 

Phoning and getting an appointment even saves you a wasted trip .......

 

It saves on the prosecution for criminal damage for "knocking down doors", and is what a reasonable person would do, rather than turning up unannounced to demand paperwork from a receptionist (or "knocking down doors") .....

Credibility, see.......

[steampowered]

Why doesn't your grandfather simply send the solicitor an email asking for a copy?

 

Something along the following lines would do the trick:

 

"Dear Mr Bloggs,

 

I do not seem to be able to find a copy of the conditional fee agreement (or similar paperwork) relating to my case. Please could you send me a copy?

 

Kind regards

spitfire1964's grandfather"

[spitfire1964]

Why doesn't your grandfather simply send the solicitor an email asking for a copy?

 

Something along the following lines would do the trick:

 

"Dear Mr Bloggs,

 

I do not seem to be able to find a copy of the conditional fee agreement (or similar paperwork) relating to my case. Please could you send me a copy?

 

Kind regards

spitfire1964's grandfather"

 

I did suggest my granddad sending an email, but another poster said that would not be suitable, that's why my grandadad went down in person just to request a copy of this alleged agreement but I am now being told that my granddad would need to make an appointment with solicitor, crazy.

 

We only want sight and copy of the contract the solicitor has been making legal representation on, we are not asking for sight of the Queens Will for goodness sake.

 

Its quite simple really but if others want to make this complicated, carry on.

 

Next I will be being told that I will have to rely on the FOA to see this mysterious contract.

 

Any logical advice would be appreciated.

[BazzaS]

Why doesn't your grandfather simply send the solicitor an email asking for a copy?

 

Something along the following lines would do the trick:

 

"Dear Mr Bloggs,

 

I do not seem to be able to find a copy of the conditional fee agreement (or similar paperwork) relating to my case. Please could you send me a copy?

 

Kind regards

spitfire1964's grandfather"

 

The solicitor (unless email communication has been agreed) may also want to be sure this has actually come from their client, not their grandson, who had now shown themselves to be the sort of person who pitches up at reception, unannounced, demanding paperwork (& may well have “given off the vibe” that they are the sort of person who makes comments about breaking down doors).

 

Sending it as a signed letter? Absolutely!

However, what’s the odds on “Far too easy : not enough drama”......

 

Or, even less credibly:

“Royal Mail is in cahoots with the nefarious solicitor”

“The solicitor is refusing the letter / keeps saying they haven’t received it!”

[Ganymede]

I did suggest my granddad sending an email, but another poster said that would not be suitable, that's why my grandadad went down in person just to request a copy of this alleged agreement but I am now being told that my granddad would need to make an appointment with solicitor, crazy.

 

We only want sight and copy of the contract the solicitor has been making legal representation on, we are not asking for sight of the Queens Will for goodness sake.

 

Its quite simple really but if others want to make this complicated, carry on.

 

Next I will be being told that I will have to rely on the FOA to see this mysterious contract.

 

Any logical advice would be appreciated.

 

 

What is crazy about making an appointment to see your solicitor?!

 

You have been given two very logical solutions. Either get a signed letter for release of the paperwork you're asking for or book in advance to see the solicitor with your grandfather and get a copy in person.

[BazzaS]

 

Next I will be being told that I will have to rely on the FOA to see this mysterious contract.

 

 

FOA? What’s that then??

 

I can see how it might be a typo for either “FOS” or “FOI” But neither are appropriate.

A typo instead of “LOA” is also possible, if the OP is referring to the Legal Ombudsman , but the Legal Ombudsman is the “LO”, not the LOA (and definitely not the FOA!)

[BazzaS]

What is crazy about making an appointment to see your solicitor?!

 

You have been given two very logical solutions. Either get a signed letter for release of the paperwork you're asking for or book in advance to see the solicitor with your grandfather and get a copy in person.

 

707: insufficient drama error.

 

You can’t expect the OP to do that!

How could they then complain about it (when it yielded what they say they are asking for)?

[spitfire1964]

No, you call up beforehand and book an appointment.

 

Can't believe you expected the receptionist to just hand over confidential paperwork to you there and then.

 

Book an appointment, why should anyone book an appointment with a solicitor who has no legal right to act or negotiate in the first place.

 

Are you saying book an appointment with the same solicitor who has provided zero evidence, which would be evident, in any event to find out what could be giving without an appointment?

 

Think you will find that you do not have to pre-book an appointment with a solicitor just for him or her to disclose the data that shows they can profit from someone and negotiate, which they clearly have, think the Data Protection Act and freedom of personal info would cover this and show the solicitor is currently breaching that Act by not providing personal data which he is acting upon, naughty.

[BazzaS]

Book an appointment, why should anyone book an appointment with a solicitor who has no legal right to act or negotiate in the first place.

 

Are you saying book an appointment with the same solicitor who has provided zero evidence, which would be evident, in any event to find out what could be giving without an appointment?

 

Think you will find that you do not have to pre-book an appointment with a solicitor just for him or her to disclose the data that shows they can profit from someone and negotiate, which they clearly have, think the Data Protection Act and freedom of personal info would cover this and show the solicitor is currently breaching that Act by not providing personal data which he is acting upon, naughty.

 

If you are correct, the solicitor would have to keep their diary clear, on the off chance one of their clients might drop in and demand their paperwork.

Of course a reasonable person will book an appointment (or, not be surprised when they can’t be seen when they turn up without one).

This isn’t an emergency where you can insist on being seen straight away without an appointment.

 

As an analogy : Do you just turn up at your GP’s or dentist’s and expect to be seen (other than if there is an emergency!) ahead of those with appointments?

Of course not. Stop imaging you are entitled to be treated like a spoilt child.

[Ganymede]

Book an appointment, why should anyone book an appointment with a solicitor who has no legal right to act or negotiate in the first place.

 

Are you saying book an appointment with the same solicitor who has provided zero evidence, which would be evident, in any event to find out what could be giving without an appointment?

 

Think you will find that you do not have to pre-book an appointment with a solicitor just for him or her to disclose the data that shows they can profit from someone and negotiate, which they clearly have, think the Data Protection Act and freedom of personal info would cover this and show the solicitor is currently breaching that Act by not providing personal data which he is acting upon, naughty.

 

 

Yes. You should book an appointment to see your solicitor to ensure that they are available. It's perfectly reasonable.

 

You grandfather instructed this solicitor originally and has been continuing to instruct him for a few months to date. The solicitor is perfectly entitled to act for your grandfather and represent him.

 

The solicitor is not breaching the Data Protection Act. In any event, there has been no written request from your grandfather to date for the paperwork.

 

You're causing the delays by wasting time faffing around instead of simply putting in a written request for the paperwork.

[steampowered]

I would suggest getting your granddad to email the solicitor as I suggested. Email is going to be by far the quickest and easiest way to get this resolved.

 

If your solicitor wants something further before releasing the document (such as a signed letter or evidence that the email has really come from your granddad), he/she will ask for it.

 

If you don't want to use email, your granddad should make an appointment. You can go with him to the appointment if you wish. But he will need to be there.

 

By the way, have legal proceedings been issued? If so, the court process is not going to stop while you deal with this.

[spitfire1964]

I would suggest getting your granddad to email the solicitor as I suggested. Email is going to be by far the quickest and easiest way to get this resolved.

 

If your solicitor wants something further before releasing the document (such as a signed letter or evidence that the email has really come from your granddad), he/she will ask for it.

 

If you don't want to use email, your granddad should make an appointment. You can go with him to the appointment if you wish. But he will need to be there.

 

By the way, have legal proceedings been issued? If so, the court process is not going to stop while you deal with this.

 

I thought email would be the appropriate way of communicating at this stage because it is proof, but my granddad did not do this because after advising him to do this, someone on here advised that this would not be the right thing to do, hence why we both went to the solicitors direct, but it appears that was wrong as well.

 

I do not see why anyone should have to go to such extremes to find out whether or not the solicitor can or cannot represent my granddad, either he can or he cannot, why the process why all the fuss and why all the problems just to get to a fairly relevant point.

 

ok, I will get my granddad to email him, as for legal proceedings being issued, again we are not sure whether or not they have, as their are negotiations to settle, probably not, not sure.

[Ganymede]

I thought email would be the appropriate way of communicating at this stage because it is proof, but my granddad did not do this because after advising him to do this, someone on here advised that this would not be the right thing to do, hence why we both went to the solicitors direct, but it appears that was wrong as well.

 

I do not see why anyone should have to go to such extremes to find out whether or not the solicitor can or cannot represent my granddad, either he can or he cannot, why the process why all the fuss and why all the problems just to get to a fairly relevant point.

 

ok, I will get my granddad to email him, as for legal proceedings being issued, again we are not sure whether or not they have, as their are negotiations to settle, probably not, not sure.

 

 

The only one making it complicated is you.

 

A letter could have been sent by now, but you're dawdling and faffing around turning up at the solicitors unannounced. Get it sent already, it will take 10 minutes maximum!!

 

The solicitor CAN represent your grandfather as you've already told us a number of times he instructed them.

[Manxman in exile]

Why doesn't your grandfather simply contact "his solicitor" saying that he never "instructed" them, that he never agreed for them to act on his behalf and that he withdraws any authority (not that he gave it)that they supposedly think they may be acting upon?

 

 

That may bring things to a head and you may find out whether your grandfather has agreed to T&Cs or not. And he may end up with a bill too.

 

 

When you say your grandfather "does not remember" whether he agreed anything, are you certain of this? (Or rather, are you certain that he simply isn't telling you what he thinks you want to hear?).

 

 

As others have said, while you are faffing around about the contractual relationship between your grandfather and "his solicitor", your grandfather might be missing the boat regarding a reasonable settlement.

 

 

And you both went to "his solicitor's" office and got fobbed off with what the receptionist told you(?!?!).

 

 

I only joined this forum a couple of weeks ago but I've followed it for a couple of years. As BazzaS says, it is a bit reminiscent of Callum1999.

[Manxman in exile]

I get it, we just walk straight past the receptionist go charging through the building knocking down every door until we meet the solicitor, will have to try that next time, seriously.

 

 

And who has suggested doing that (apart from you, obviously)? As others have said, make an appointment!

[spitfire1964]

The only one making it complicated is you.

 

A letter could have been sent by now, but you're dawdling and faffing around turning up at the solicitors unannounced. Get it sent already, it will take 10 minutes maximum!!

 

The solicitor CAN represent your grandfather as you've already told us a number of times he instructed them.

 

How am I making it complicated, lol, if someone asked me to show or prove something I would just deal with it, period.

 

As for turning up at the solicitors/ unannounced, I do apologise, are they really that important, or is this just the hype that was created in the last century, things have moved forward, its called progression, jump aboard.

[Ganymede]

How am I making it complicated, lol, if someone asked me to show or prove something I would just deal with it, period.

 

As for turning up at the solicitors/ unannounced, I do apologise, are they really that important, or is this just the hype that was created in the last century, things have moved forward, its called progression, jump aboard.

 

 

But your grandfather hasn't asked formally yet!

[Manxman in exile]

How am I making it complicated, lol, if someone asked me to show or prove something I would just deal with it, period.

 

As for turning up at the solicitors/ unannounced, I do apologise, are they really that important, or is this just the hype that was created in the last century, things have moved forward, its called progression, jump aboard.

 

 

Quite, period. I think you need a question mark in there somewhere too, period. (Does anyone other than spitfire say "period"?).

 

 

Errrrr... no, solicitors are not at all important...until you (or your grandfather) need one. Then they serve a purpose and can help you (or your grandfather) receive compensation for injuries received owing to a third party's negligence.

 

 

If your granddad isn't happy with the offer from the council, he should tell "his solicitor" to negotiate. If they refuse, (1) make an official complaint and follow it up with SRA if necessary (including that you think there was no engagement in the first place?!?!) or (2) sack the solicitors and hope your granddad did not in fact agree T&Cs with them and has to cover their costs so far.

 

 

A third option (seeing as you clearly distrust solicitors so much) would be for your granddad to represent himself.

[steampowered]

There is one other point I should mention. I see that it sounds like your grandad's claim is against a local authority.

 

Local authorities have a reputation for fighting claims all the way, or only making low settlement offers.

 

If your grandad refuses to accept this settlement offer, he has to be prepared for a situation where the local authority refuses to settle and defends itself at trial. It is possible that a higher settlement offer might be made but this is not guaranteed.

 

Given the stress and aggravation which simple settlement negotiations seem to be causing, I wonder whether trial would be a disaster. Your grandad would be relying on his solicitor to prepare the case and your grandad would probably need to give evidence in court as a witness.

[SuperVillain]

How am I making it complicated, lol, if someone asked me to show or prove something I would just deal with it, period.

 

As for turning up at the solicitors/ unannounced, I do apologise, are they really that important, or is this just the hype that was created in the last century, things have moved forward, its called progression, jump aboard.

 

Mate I can tell you right now if a client rocked up out of the blue to see me right now I'd go out to reception only to say, I can't see you right now so let's arrange a date that's convenient for both of us...

 

It's not about being important. By way of example, I have more than one defence due to be filed at Court by Monday, disclosure lists, multiple witness statements all due for service next week, on top of dealing with a colleague's work (and therefore all their defences, witness statements etc) whilst they're out of the office for 2 weeks. Luckily I'm fairly organised and keep on top of everything. Not everyone does.

 

That's life in the real world fella...

[BazzaS]

It isn’t “how important” the solicitor is that is the issue.

It is how rude spitfire is, based on how rude it is to the solicitor’s more reasonable clients, that spitfire expects the solicitor to drop whatever they are doing to attend to their unreasonable demand for instant gratification.

 

The solicitor could have been in with a client (who had an appointment!), or on the phone to one, could have been out of the office (a home visit, or representing a client at Court or a police station).

 

Turning up at the office unannounced and making demands?

Unreasonable and rude.

[spitfire1964]

It isn’t “how important” the solicitor is that is the issue.

It is how rude spitfire is, based on how rude it is to the solicitor’s more reasonable clients, that spitfire expects the solicitor to drop whatever they are doing to attend to their unreasonable demand for instant gratification.

 

The solicitor could have been in with a client (who had an appointment!), or on the phone to one, could have been out of the office (a home visit, or representing a client at Court or a police station).

 

Turning up at the office unannounced and making demands?

Unreasonable and rude.

 

For the record and to remove any doubt no-one crashed through the solicitor front door, unexpected, demanding the solicitor drops everything that he is doing to accommodate what my grandfather was requesting.

 

Indeed, after ringing the very same receptionist to give her notification that we were coming down as opposed to e-mailing, writing or making what evidently is a reasonable request by pigeon, on are arrival we were very polite, respectful and very calm, My granddad and in a non aggressive manner asked the receptionist if she or the ever busy solicitor could spare a few seconds, because that is all it would have taking in the real world to photo copy what I would assume would be on three or four A4 paper the contract/agreement.

 

So and in theory and how BazzaS has created the actual events again to suite his own ego and agenda to always be right, again has been shown to be vigorously flawed and yet another made up story, which is barely that a story.

 

How long to merely copy a few pieces of paper, not long and most certainly not unreasonable when you deal in fact as opposed to myths.

 

If I were a betting man and looking at the facts I would hazard a guees that to do something so trivial like this would and in a solicitors world take 4 hours and a lot of unwarranted money as to profit from a simple task for anyone human.

[spitfire1964]

Mate I can tell you right now if a client rocked up out of the blue to see me right now I'd go out to reception only to say, I can't see you right now so let's arrange a date that's convenient for both of us...

 

It's not about being important. By way of example, I have more than one defence due to be filed at Court by Monday, disclosure lists, multiple witness statements all due for service next week, on top of dealing with a colleague's work (and therefore all their defences, witness statements etc) whilst they're out of the office for 2 weeks. Luckily I'm fairly organised and keep on top of everything. Not everyone does.

 

That's life in the real world fella...

 

Mate and I can tell you right now that no-one rocked up and out of the blue to see any solicitor right, quite the opposite, see the post I have just put on BazzaS response, its all detailed and factual.

 

As for your work schedule, whilst I do have some sympathy for the amount of work that has come your way, and I would assume the Charity where you donate all your hard earned money are grateful for your continued contribution or

 

do you get paid and keep all that money you work hard for?... That's life in the real world fella...

[BazzaS]

For the record and to remove any doubt no-one crashed through the solicitor front door, unexpected, demanding the solicitor drops everything that he is doing to accommodate what my grandfather was requesting.

 

Indeed, after ringing the very same receptionist to give her notification that we were coming down as opposed to e-mailing, writing or making what evidently is a reasonable request by pigeon, on are arrival we were very polite, respectful and very calm,

 

So, why didn't you have an appointment?.

Oh, because you told them you were arriving, instead of agreeing an appointment with them ......