a solicitor requests another solicitors files

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woodentop

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Would anyone be aware of the guidance from the law society regarding the failure of one solicitor to provide their files following a request to produce them from another solicitor. Please bear in mind that these were requested within the 6 year period that the original firm was required to hold them. Would the firm be at fault? and are there any exceptions to this.
Any help gratefully recieved
 
Presumably you engaged a solicitor to pursue a claim.

Did you settle any fees that he submitted?

Did the file contain materials you had passed on - as opposed to solicitor creating the content.

Any other circumstances?
 
yes, i had legal aid funding to pursue a claim against another party. this solicitor contacted my former solicitor , he asked for all his files and papers.

this new solicitor yes, all his fees were up to date.

these were papers the original solicitor had created.

the original firm/solicitor said he could not locate the papers, and had he mistakenly already passed them on to the new firm(question)

i cant go into details about the case, but it has destroyed my life
 
regarding your question about fees, i had not paid a previous bill with the original solicitor, but this is not mentioned in his reply ( two months late) to the second request for his files and papers
 
@woodentop - I think he retains ownership of papers until his fees are discharged.

That would seem to be issue.
 
WizardDr said:
@woodentop - I think he retains ownership of papers until his fees are discharged.

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I don't think that this is correct. But I think it would be true to say that a solicitor will not release a client's files until the bill is paid for work done.
 
Possession is as we all know 9/10 of the law, if you owe your first solicitor money either pay him or come to an arrangement, retaining the file is the only leverage he has to recover not only any professional fees but also outlay i.e - any cash money he has paid out on your behalf.
 
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