Solicitor Sanctioned by Law Society

Luternau

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I made a complaint to the Law Society about the services and conduct of a solicitor. I believed the solicitor had not acted in my best interests. The society upheld my complaint and the solicitor was sanctioned.

What options are open to me with regard to a claim against his Professional Indemdity insurance, or do you go though the Law Society?
 
I presume you would have to initiate a claim directly against her in the first place.
She should notify her insurers.
They will probably ignore you until you issue legal proceedings against her.

You only have a claim if you have suffered some loss. Have you suffered some loss and if so, what would you value your loss at?

Brendan
 
I assume it is this issue:


Have you rectified the situation? Is the property now properly registered?

If it cost you money to register it, then you could claim it from your solicitor or his insurers.

Other than that, apart from the annoyance, you have not lost out.

Brendan
 
I assume it is this issue:


Have you rectified the situation? Is the property now properly registered?

If it cost you money to register it, then you could claim it from your solicitor or his insurers.

Other than that, apart from the annoyance, you have not lost out.

Brendan
Thanks Brendan

It was not that matter. I can't really go into the details here. I believe I lost out financially in settling a case based on misinformation/information withheld. The solicitor forced me to settle on his terms. It is hard to quantitfy the actual loss, it may be minor or significant. I cannot go into full details here.
How do you get details of thw solicitors insurer? I know they had difficulty getting insurance cover, or may not have it at present. The reason why, I don't know.
 
Your relationship is with the solicitor, not the insurer.

You must deal with the solicitor first and he should report the matter to the insurer. But he might settle with you so that his insurer does not find out about it.

Brendan
 
"But he might settle with you so that his insurer does not find out about it"

That would be fraud on the insurer.
 
If your Solicitor has acted dishonestly leading to your suffering financial loss, then you might have a claim against the Law Society Compensation Fund.

 
Thank you both
Agree the relationship is with the solicitor.

How do you get details of the solicitors insurer if the solicitor won't give it?

The Law Society, with their power/remit, found it difficult to get meaningful information, including the cae file, from the solicitor. Having upheld the complaint you would think the society would advise you on your options, but they just close the file, and leave you with their findings. As a profession, it appears to be a closed shop, not very accessable.
 
Thank you both
Agree the relationship is with the solicitor.

How do you get details of the solicitors insurer if the solicitor won't give it?

The Law Society, with their power/remit, found it difficult to get meaningful information, including the cae file, from the solicitor. Having upheld the complaint you would think the society would advise you on your options, but they just close the file, and leave you with their findings. As a profession, it appears to be a closed shop, not very accessable.
You’ll probably find it difficult to find the Solicitor’s insurer’s details. But they’re not your primary concern. The Solicitor will have had in place PII insurance. If you sue the Solicitor, s/he will in all likelihood notify the claim to the insurer and they’ll take over the claim, unless there’s a reason not to indemnify the Solicitor.
 
Your relationship is with the solicitor, not the insurer.

How do you get details of the solicitors insurer if the solicitor won't give it?

Maybe I wasn't clear. You have no right to contact the insurance company. The solicitor is not obliged to give you that information. You sue the solicitor. And the insurance company will take over the case and contact you as appropriate.

Brendan
 
OK, understood.
Now to find a solicitor that is willing to tske a case against another solicitor.
 
I presume that you have already decided that the potential costs involved and the possibility of losing any case still make it worthwhile taking a case against them?
 
OK, understood.
Now to find a solicitor that is willing to tske a case against another solicitor.
It is hard to quantitfy the actual loss, it may be minor or significant.
You can't credibly sue anyone for a contingent or potential loss. No matter whom you intend to sue, no solicitor will touch your case unless or until you have suffered an actual and material loss.
 
Now to find a solicitor that is willing to tske a case against another solicitor.

You can't credibly sue anyone for a contingent or potential loss. No matter whom you intend to sue, no solicitor will touch your case unless or until you have suffered an actual and material loss.

@Luternau, I think your first step is to have someone with the appropriate skills help you put a number on the loss you have suffered. Then you need to estimate the cost of taking a claim and make a financial decision to proceed or not.

Leave emotion out of it. The solicitor won't be out of pocket as they are insured and your claim has already been upheld so you've "won" that bit.
 
I believe I lost out financially in settling a case based on misinformation/information withheld. The solicitor forced me to settle on his terms.
Does the finance loss relate to the mortgage provider or the solicitor?

You might have a case with the mortgage provider, if possible via the Financial Services Ombudsman.

It's hard to advise when you are being to cryptic.
 
A solicitor being sanctioned by the Law Society does not necessarily mean that the solicitor was negligent.

You really need to go to an experienced solicitor in negligence for definitive advice, I can highly recommend https://www.holohanlaw.ie/staff/bill-holohan/ who does take on negligence cases (provided he does not have a conflict.)

Jim Stafford
 
I presume that you have already decided that the potential costs involved and the possibility of losing any case still make it worthwhile taking a case against them?
I do not know what it might cost. Its just been so difficult to get to this point.
 
You can't credibly sue anyone for a contingent or potential loss. No matter whom you intend to sue, no solicitor will touch your case unless or until you have suffered an actual and material loss.
I am aware of the issues around consequential loss. I would rather not be here but I am. The solicitor mishandled the case in a substantial manner and put their interest ahead of mine. It leaves a bitter taste.
 
@Luternau, I think your first step is to have someone with the appropriate skills help you put a number on the loss you have suffered. Then you need to estimate the cost of taking a claim and make a financial decision to proceed or not.

Leave emotion out of it. The solicitor won't be out of pocket as they are insured and your claim has already been upheld so you've "won" that bit.
Thank you.

You are right about the emotion. We are all human and it really hurts and frustrates. Emotions cloud judgement.
 
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