Quick question about solicitor contract

Quick question about solicitor contract

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rainagain

Original Poster:

321 posts

156 months

Monday 26th January 2015
quotequote all
After a non-fault accident I decided to use the solicitor recommended by my insurer to claim back the excess from the at fault party. The solicitors have turned out to be useless, when I signed up with them part of the paper work I signed said I agree to not take my claim anyway else. Is this part of the contract legal? Would I be able to contact them and say due to your poor service I wish to take my claim elsewhere and end my contract with you? I wasn't happy with this bit of the contract when I signed it but I just wanted everything sorted out quickly and this seemed the quickest way.

ging84

8,897 posts

146 months

Monday 26th January 2015
quotequote all
of course such an agreement would be legal, not changing your mind and going elsewhere after they've started working is the main thing you are agreeing to
but if they really are not doing their job there are most likely many options for ending the contract so you can go elsewhere, i suspect none will be less hassle than complaining and carrying on

steveo3002

10,525 posts

174 months

Monday 26th January 2015
quotequote all
you know theres a ombudsman for them? letter of complaint to solicitor then onto the ombudsman , they seem to be really effective at sorting out muppets

Zod

35,295 posts

258 months

Monday 26th January 2015
quotequote all
steveo3002 said:
you know theres a ombudsman for them? letter of complaint to solicitor then onto the ombudsman , they seem to be really effective at sorting out muppets
The SRA. If the solicitor is incompetent or lazy, complain to the senior partner. If that gets you nowhere go to the SRA.

martinbiz

3,076 posts

145 months

Monday 26th January 2015
quotequote all
Ah.... the joys of the good old days when your broker would sort all that stuff out for you.

rainagain

Original Poster:

321 posts

156 months

Monday 26th January 2015
quotequote all
martinbiz said:
Ah.... the joys of the good old days when your broker would sort all that stuff out for you.
Tell me about it! I even called the third party insurer and told them: "my insurer wants me to use a solicitor to get my excess back, as your client has already admitted full liability rather than adding a solicitor's fee to the bill why don't you just give me excess back directly?"

"No, you need to submit a claim via your solicitor" was their reply! No wonder insurance keeps going up.

MrHargreaves

56 posts

148 months

Tuesday 27th January 2015
quotequote all
No not the SRA, for complaints about poor service (which this is) you need to take it to the Legal Ombudsman Service.

You will need to make a complaint to the firm involved first

Billsnemesis

817 posts

237 months

Thursday 29th January 2015
quotequote all
Any attempt to prevent a free choice of legal representation is invalid.

This is a little bit more complex and is focussed more on conflict of interest but it covers the basics.

http://www.pinsentmasons.com/PDF/Freedomtochooseyo...

All the firm can require is payment for work done in accordance with whatever cost estimate they provided at the outset and there are complaints procedures for that if you dispute the quality of service or the level of charges.

Bottom line is you can move but may have a battle over costs and release of papers. If all else fails check with the SRA

Amateurish

7,739 posts

222 months

Friday 30th January 2015
quotequote all
Ask for their complaints policy, today. Watch their attitude change.