Problem with solicitor

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Paddylast

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I've been trying to get my solicitor to provide me with an endemnity letter regarding a transaction that took place while selling my late mother's home. I don't want to go into the details of the circumstances surrounding the case but suffice to say that certain monies were withheld by the estate agent and I am trying to get that sorted. Everything was done correctly and within the law on our side but not on the part of the estate agent and the body to whom he is affiliated wants the endemnity before parting with the monies held.

I had nothing but long delays with my solicitor during the sale of the home and unfortunately he is known for foot dragging. (i didn't know this before engaging him) I wrote to him over a month ago requesting the letter of endemnity but I didn't even receive a reply. I have phoned almost every second day since and keep getting excuses from his secretary.

My question is can another solicitor issue such a letter or must I keep after this guy. I am sick and tired of his lazy way of dealing with things and I'd rather go elsewhere if possible. I;ve had to take this action regarding the outstanding monies myself because he was too lazy to be bothered with it. Could someone please help me on this one.
Can someone tell me what I can do.
 
Have you tried landing in his office and tell his secretary (everso nicely) that you won't be leaving until you get the letter.
 
After over a month I received a phone call from the secretary on Friday to say the solicitor would not be able to issue such an indemnity letter!! After I picked myself up off the floor I inquire why only to be told that he just wouldn't be prepared to do the letter as it might involved him!! I explained that I needed a legal document stating that I would indemnify the agent against any claims by another party - that's all. I insisted that the solicitor tell me straight what is wrong with that and have been promised a phone call on Tuesday. I know I won't get that call - he never returns calls so I will have to make contact again.

My question remains - does anyone know if there is a genuine problem here. Can any solicitor issue such an indemnity. I absolutely destest dealing with this idiot and if I knew I could go elsewhere I would. The problem is he is the one who dealt with all the legal stuff initially and he knows the problems associated.
 
You should really contact the Law Society. I know of a situation where a solicitor ignored correspondence for 4 months. Amazingly, he responded within 3 weeks of the person writing to the law soc.:rolleyes:
 
Just on the primary issue. If the indemnity is to be given by you to someone else, then you or another solicitor can issue the indemnity letter. You sign it and hand it over. If, however, the indemnity is to be given by a solicitor ( i.e. he/she is offering some kind of personal assurance to be personally responsible for a possible debt arising) then (a) the original solicitor may feel that he cannot give that indemnity because the file is virtually completed and he has no comback against you i.e.no ready access to funds to back up that indemnity and (b) a new solicitor will not give that indemnity.

As a by the way, I am fascinated by some of the demands my clients make of me such as, for instance, asking me to give financial undertakings ( i.e. personal promises/warranties/guarantees) without providing me with any comfort. Undertakings and indemnities should not and cannot be lightly given.

mf
 
Thanks to all for the advice.

mf1, thanks for the legal side of this and just to confirm I do not wish the solicitor to be held responsible for any costs that may be involved. I am prepared to take that on. I have pointed this out to the secretary but still nothing. Apparently the estate agent body wants this on his letterhead otherwise | would just issue one myself.

Here I am on Thurs. and no phone call back. I rang three times in the last 2 days and could only get an answering machine. I am going to try once more again pointing out that I need an explanation if I am not going to get a letter. If I am not happy in that event I will write to the Law Society.
How are solicitors like this allowed to practice. These are the type that give the good ones a bad name.

Thanks again for the advice.
 
Paddy,

If I were you I would put your complaint in writing to the solicitor. I know that you have spoke to his secretary, but it is always better to have something in writing. If s/he does not respond, then warn them that you will take your complaint further. I am sure that your solicitor will then respond to you and address your concerns.
 
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