Solicitor ignoring emails/calls

Solicitor ignoring emails/calls

Author
Discussion

martt

Original Poster:

77 posts

94 months

Friday 28th April 2017
quotequote all
Not sure what i can do other than turn up and sit in their office until they do the right thing but i have requested the solicitor who carried out probate to resign from their position as executor but during a period of two months, they have ignored all correspondence.

Who / how / where can i escalate this to?

Thanks

Jonno02

2,248 posts

110 months

martt

Original Poster:

77 posts

94 months

Friday 28th April 2017
quotequote all
As the next port of call?

OverSteery

3,613 posts

232 months

Friday 28th April 2017
quotequote all

martt

Original Poster:

77 posts

94 months

Friday 28th April 2017
quotequote all
Will go to the ombudsman - they've taken the p1ss out of me, hopefully this will help focus their attention on doing the right thing.

Thanks for all responses

Squadrone Rosso

2,760 posts

148 months

Friday 28th April 2017
quotequote all
I'm having not too dissimilar issues following the death of my father in February.

In relation to probate and the sale of his house.

Slow to respond, don't call / email when they say they will, need constant chasing etc.

Perhaps I'm just expecting too much frown

anonymous-user

55 months

Friday 28th April 2017
quotequote all
First port of call is to complain formally to and exhaust fully the firm's own complaints procedure. If you call them and ask them the details of the complaints procedure they're obliged to provide them.

Only if you don't get anywhere, then you approach the Ombudsman.

martt

Original Poster:

77 posts

94 months

Friday 28th April 2017
quotequote all
Solicitors should deduct the amount of time you have to spend chasing them (at their extortionate rate) from their bill - that would help them focus a bit more

I've spoken to the legal ombudsman who were very helpful and I have raised a case against them

I bloody hate solicitors after my experience with this firm - they have no consideration and zero compassion and to fail to acknowledge and deal with correspondence really isn't fair, especially when taking into account how much they charge

Their conduct is completely disgusting and i genuinely hope and think this particular solicitor will rot in hell

Byker28i

60,238 posts

218 months

Friday 28th April 2017
quotequote all
We had terrible problems with my mums solicitor who was joint executor. He ended up taking £16k out the estate for his work, despite quoting £2.5k. We raised a complaint with the law society who look after their own, but after we contacted the police about the fraud, they sided with us and said £3.5k was a valid amount, as he'd made up all sorts of £50 letters he was alleged to have sent (but didn't).
Took over 2 years to resolve.

steveo3002

10,537 posts

175 months

Friday 28th April 2017
quotequote all
Jonno02 said:
seemed to wake mine up

martt

Original Poster:

77 posts

94 months

Friday 28th April 2017
quotequote all
Byker28i said:
We had terrible problems with my mums solicitor who was joint executor. He ended up taking £16k out the estate for his work, despite quoting £2.5k. We raised a complaint with the law society who look after their own, but after we contacted the police about the fraud, they sided with us and said £3.5k was a valid amount, as he'd made up all sorts of £50 letters he was alleged to have sent (but didn't).
Took over 2 years to resolve.
Wow, well done! We were taken for slightly less and, as you say, following a complaint the law society sided with them even though they never quoted an original cost

Question though, is the solicitor still listed on the grant of probate as an executor of your mother's estate?

Zirconium

80 posts

90 months

Friday 28th April 2017
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Sue them!

You'll need a good solicitor of course...

PurpleMoonlight

22,362 posts

158 months

Friday 28th April 2017
quotequote all
martt said:
Not sure what i can do other than turn up and sit in their office until they do the right thing but i have requested the solicitor who carried out probate to resign from their position as executor but during a period of two months, they have ignored all correspondence.

Who / how / where can i escalate this to?

Thanks
Are they legally required to comply with your request?

I don't think they are.

martt

Original Poster:

77 posts

94 months

Friday 28th April 2017
quotequote all
PurpleMoonlight said:
Are they legally required to comply with your request?

I don't think they are.
By default I am an existing client so I'm pretty sure they are. Either way i don't know why a solicitor who you would imagine should be upholding the values that they publicise on their website, would choose to completely ignore one of their clients

PurpleMoonlight

22,362 posts

158 months

Friday 28th April 2017
quotequote all
martt said:
By default I am an existing client so I'm pretty sure they are. Either way i don't know why a solicitor who you would imagine should be upholding the values that they publicise on their website, would choose to completely ignore one of their clients
I don't see that being an existing client has anything to do with it.

https://www.wrighthassall.co.uk/knowledge/legal-ar...

The existing executor does not have to comply with your request to resign. Their refusal to reply could be taken as evidence of their intention to remain.

You will need to apply to Court for their removal and have appropriate grounds to be successful.

Centurion07

10,381 posts

248 months

Friday 28th April 2017
quotequote all
Book an appointment with them using another name and for an unrelated matter. Enjoy the look on their face as they come out to reception to find their new client is actually you.

You're welcome. biggrin

Red Devil

13,069 posts

209 months

Saturday 29th April 2017
quotequote all
martt said:
Byker28i said:
We had terrible problems with my mums solicitor who was joint executor. He ended up taking £16k out the estate for his work, despite quoting £2.5k. We raised a complaint with the law society who look after their own, but after we contacted the police about the fraud, they sided with us and said £3.5k was a valid amount, as he'd made up all sorts of £50 letters he was alleged to have sent (but didn't).
Took over 2 years to resolve.
Wow, well done! We were taken for slightly less and, as you say, following a complaint the law society sided with them even though they never quoted an original cost
That comes as no great surprise. A surprising number of people fail to grasp that The Law Society is the profession's Trade Union.
Did either of you really expect it to take your side over that of one of its members? As its name suggests, the regulatory body is the SRA.

PurpleMoonlight said:
martt said:
By default I am an existing client so I'm pretty sure they are. Either way i don't know why a solicitor who you would imagine should be upholding the values that they publicise on their website, would choose to completely ignore one of their clients
I don't see that being an existing client has anything to do with it.

https://www.wrighthassall.co.uk/knowledge/legal-ar...

The existing executor does not have to comply with your request to resign. Their refusal to reply could be taken as evidence of their intention to remain.

You will need to apply to Court for their removal and have appropriate grounds to be successful.
^^This^^

It is extremely difficult to remove a solicitor executor who doesn't wish to relinquish that position.

Ask me how I know...

No way would I ever appoint one as an executor.
It will be up to my executors whether they choose to seek advice/assistance.
That way the power to hire and fire will remain theirs.