Solicitor closing practice

[Mogli]

Hi guys, we engaged a solicitor some time ago to undertake a title registration. We paid him for this up front (2K). He has now closed his practice and is in the process of transferring his files to another solicitors office (unnamed as yet).

It has been over a year and we had heard nothing from him until I rang today and received the recorded message about the closure. A couple of questions, does the fee paid to him carry over to the new solicitor? How often does this happen and is the transition usually a smooth one? Should I be worried? Thank you.

 

[Bronte]

I'm surprised that you've not contacted him in over a year and vice versa. Do you have it in writing that the bill in total is 2K and that's it fully paid.

Closures will happend from time to time, so I would be seeking in writing that your file is transferred and that the new solicitor is going to handle it, no idea how the fee is going to be paid to the new solicitor etc. A registered letter to both the old and new practice is advisable. If you don't get a prompt response your option is then the Law Society.

 

[mercman]

Better option would be to request a refund together with all your files. Then you choose who you wish to act on your behalf. As Bronte states, send a registered letter immediately and copy to the Law Society of a potential problem pending.

 

[Bronte]

Well I guess the refund might be a good idea and the file, but then you're going to run into problems because presumably documents have been lodged in the Land Registry etc.

I don't think he should write anything to the Law Society yet, that's only if he realises there is a problem and he gets no replies from the closed and new practice.

 

[mercman]

The files have been (or in the process of) transferred to another firm of solicitor. Nothing whatsoever has been advised regarding undertaking the task although this has been paid for in advance. And a one year wait !!!

Well if this isn't a pre-curser for writing to the authorities then what is ??

I certainly would not like my private files been passed to somebody else without been requested or notified. At the very least a notice and request should have been done.

Have we all not read in recent months of bad practice in other legal firms ??

 

[Mogli]

Thanks for the sage replies guys. The solicitor has advised that the new solicitor will contact me next week with regards to completing matters. Sounds promising...hopefully. Will keep you posted.

p.s. I specifically asked him about the monies paid up front which he deftly side stepped..will give the benefit of the doubt until I hear from his successor......feeling a little exposed

 

[mercman]

asked him about the monies paid up front which he deftly side stepped..will give the benefit of the doubt

I just hope it won't be too late at this stage

 

[Mogli]

No Bronte, I didn't get a final bill total as he stated that the process could encounter hiccups etc...but from reading the other posts in relation to title registrations the going rate was about €1500 so I thought we were well covered with 2k.

 

[Bronte]

p.s. I specifically asked him about the monies paid up front which he deftly side stepped

That's not good enough. How did he manage to side step you, you should ring him right back.

 

[mercman]

until I hear from his successor......feeling a little exposed

After thinking about this, you are been placed in a very difficult situation, where the first solicitor failed, and now you are been passed to some unknown firm to you asking them to handle your private affairs.

Maybe it might be best to form your own direction and choose a new solicitor of your own choice, rather than a firm which you are been forced to deal with, when their identities is now top secret.

No point in going from the frying pan into the fire.

 

[Bronte]

rather than a firm which you are been forced to deal with,

Well is he being forced, I guess he can say no and go to a solicitor of his choosing, not sure how that would help in him getting the money back though.

 

[mercman]

Well is he being forced, I guess he can say no and go to a solicitor of his choosing, not sure how that would help in him getting the money back though.

Well if the payment was made by cheque, the copy cheque provided by their bank is a sure form of receipt.