Solicitor gone AWOL
Discussion
Hi everyone, bit of a query here and I don't know how to proceed....
We are mid conveyancing, approaching completion (seller) and I rang up on the 4th Jan to be told my solicitor wasn't there, I spoke to her secretary to chase up a letter they had apparently sent to the buyers solicitor and she said she would look into this.
Tuesday I rang up only to be told my solicitor had retired, and that nobody knew this till late Monday afternoon. Her secretary then told me my case would be transferred to another partner and the schedule would not be affected. I reminded her at this point that we were in a rush and need to get on with it.
Today I rang up and all there is is an answerphone message saying 'the office is closed until further notice'. I rang the other office (2 branches) and the same message was there too. So basically I can't get in touch with anyone.
Everything may be OK tomorrow but it strikes me as being extremely unprofessional. So what do I do now?
Instruct another solicitor?
Is this normal behaviour when a partner retires?
How do I get my file back if they decide to never reopen?
Any advice greatfully received...
We are mid conveyancing, approaching completion (seller) and I rang up on the 4th Jan to be told my solicitor wasn't there, I spoke to her secretary to chase up a letter they had apparently sent to the buyers solicitor and she said she would look into this.
Tuesday I rang up only to be told my solicitor had retired, and that nobody knew this till late Monday afternoon. Her secretary then told me my case would be transferred to another partner and the schedule would not be affected. I reminded her at this point that we were in a rush and need to get on with it.
Today I rang up and all there is is an answerphone message saying 'the office is closed until further notice'. I rang the other office (2 branches) and the same message was there too. So basically I can't get in touch with anyone.
Everything may be OK tomorrow but it strikes me as being extremely unprofessional. So what do I do now?
Instruct another solicitor?
Is this normal behaviour when a partner retires?
How do I get my file back if they decide to never reopen?
Any advice greatfully received...
Buying or selling?
Do they owe you any money? Deposit you have paid been received by seller's solicitor or sent to your solicitor by a purchaser?
Just thinking it sounds really fishy if you have exchanged and there is deposit money in their accounts.
That aside if you are that close maybe the other party's solicitor has a different partner that could help as at least they should have most of the paperwork.
Just some ideas, IANAL, hopefully there will be one along soon.
Do they owe you any money? Deposit you have paid been received by seller's solicitor or sent to your solicitor by a purchaser?
Just thinking it sounds really fishy if you have exchanged and there is deposit money in their accounts.
That aside if you are that close maybe the other party's solicitor has a different partner that could help as at least they should have most of the paperwork.
Just some ideas, IANAL, hopefully there will be one along soon.
That sounds like your solicitor's fim has been the subject of a Solicitors Regulatory Authority intervention, or perhaps has gone into some form of insolvency, or perhaps the members of the firm have done a runner (jumped before being pushed).
I would get myself over to their offices pdq to find out what's happened, ring the SRA for any information they have, and (if you have a record of the bank that the firm uses - check your payment records as presumably youv'e had to pay them something) contact the bank to fid out what they know.
In short, treat this as urgent.
ETA: practicalities: if the firm has vanished, you would do well to instruct another solicitor. How easily/quickly you can get your file, I don't know - perhaps raise this with the SRA. If the solicitor has received the deposit from the buyer, not sure what will happen there. It should be held by the firm as trust money, but when firms fail, it is not unknown for the hard lines between client money and the firm's moeny to become blurred. Basically they don't collapse because they have too *much* money.
Sorry to sound alarmist. Hope it is all rather less serious than this.
I would get myself over to their offices pdq to find out what's happened, ring the SRA for any information they have, and (if you have a record of the bank that the firm uses - check your payment records as presumably youv'e had to pay them something) contact the bank to fid out what they know.
In short, treat this as urgent.
ETA: practicalities: if the firm has vanished, you would do well to instruct another solicitor. How easily/quickly you can get your file, I don't know - perhaps raise this with the SRA. If the solicitor has received the deposit from the buyer, not sure what will happen there. It should be held by the firm as trust money, but when firms fail, it is not unknown for the hard lines between client money and the firm's moeny to become blurred. Basically they don't collapse because they have too *much* money.
Sorry to sound alarmist. Hope it is all rather less serious than this.
Edited by anonymous-user on Thursday 7th January 00:35
Greg66 said:
That sounds like your solicitor's fim has been the subject of a Solicitors Regulatory Authority intervention, or perhaps has gone into some form of insolvency, or perhaps the members of the firm have done a runner (jumped before being pushed).
I would get myself over to their offices pdq to find out what's happened, ring the SRA for any information they have, and (if you have a record of the bank that the firm uses - check your payment records as presumably youv'e had to pay them something) contact the bank to fid out what they know.
In short, treat this as urgent.
ETA: practicalities: if the firm has vanished, you would do well to instruct another solicitor. How easily/quickly you can get your file, I don't know - perhaps raise this with the SRA. If the solicitor has received the deposit from the buyer, not sure what will happen there. It should be held by the firm as trust money, but when firms fail, it is not unknown for the hard lines between client money and the firm's moeny to become blurred. Basically they don't collapse because they have too *much* money.
Sorry to sound alarmist. Hope it is all rather less serious than this.
That's pretty much what I was about to post. Sounds very much like the firm has been intervened by the Law Society. If you phone the LS - 0207 242 1222 they will tell you which law firm now has your file. I would get myself over to their offices pdq to find out what's happened, ring the SRA for any information they have, and (if you have a record of the bank that the firm uses - check your payment records as presumably youv'e had to pay them something) contact the bank to fid out what they know.
In short, treat this as urgent.
ETA: practicalities: if the firm has vanished, you would do well to instruct another solicitor. How easily/quickly you can get your file, I don't know - perhaps raise this with the SRA. If the solicitor has received the deposit from the buyer, not sure what will happen there. It should be held by the firm as trust money, but when firms fail, it is not unknown for the hard lines between client money and the firm's moeny to become blurred. Basically they don't collapse because they have too *much* money.
Sorry to sound alarmist. Hope it is all rather less serious than this.
Edited by Greg66 on Thursday 7th January 00:35
Lurking Lawyer said:
It's the Solicitors Regulatory Authority that deals with interventions these days, not the Law Society.
Is the Law Society not still the first port of call for a client apparently abandoned by their lawyers? Surely the client would KNOW that the firm were intervened.Not really - all it will be able to do is refer the OP to the SRA since it won't have any information of its own.
The Law Society doesn't have a regulatory function any more. It's more of a professional association for solicitors these days - sort of like a "union".
By way of analogy with doctors, the Law Society is akin to the British Medical Association while the SRA is akin to the General Medical Council.
The Law Society doesn't have a regulatory function any more. It's more of a professional association for solicitors these days - sort of like a "union".
By way of analogy with doctors, the Law Society is akin to the British Medical Association while the SRA is akin to the General Medical Council.
zedstar said:
Fortunately they have not taken any money off me her or had any money off the buyer. I don't believe there's anything underhand going on at all, I do think maybe there's been a change of management/partner issues and they have closed until they get things sorted?
Sounds a LOT more like an intervention. Law firms do not close without warning just to sort out a change in personal or management. Get on to the SRA straight away.Got back onto them now!!
The sol dealing with my conveyancing has been removed from their role and their work is being reallocated, apparently they should know today who will be doing this and then claim they can move forward quickly.
The buyer rung me today and said he's got till the end of the month to complete or his loan offer expires, plus his solicitor is away for a week on the 17th so I really need things back moving!
The sol dealing with my conveyancing has been removed from their role and their work is being reallocated, apparently they should know today who will be doing this and then claim they can move forward quickly.
The buyer rung me today and said he's got till the end of the month to complete or his loan offer expires, plus his solicitor is away for a week on the 17th so I really need things back moving!
And I've had to instruct a new solicitor...!!!! They've promised to send the file out immediately as I got the guy to confirm instruction straightaway, it was their recommendation I go somewhere else - hopefully as I'm the seller it should be pretty straightforward to get to completion. Maybe.
I'd rather not name and shame, not because I applaud what they've done, but because I don't know any of the real issue as to whats happened behind the scenes.
I'd rather not name and shame, not because I applaud what they've done, but because I don't know any of the real issue as to whats happened behind the scenes.
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