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A solicitor who spent more than a decade delaying work on a case that should have taken only an hour to complete was fined £4,000 and ordered to pay costs of £3,304 at a disciplinary hearing yesterday.
The initial work was carried out in 1994 but the client then changed her solicitor to Mr Davies’s firm, Parkington Holiday in Denton, Manchester. Mr Davies, 54, needed to process the file so that the previous firm, Bouchers, could be paid £1,600 in legal aid, but 11 years later he still had not processed it. Mr Davies admitted charges of failing to undertake a professional obligation and failing to answer correspondence. He told the Solicitors’ Disciplinary Tribunal hearing: “It was something I was going to sort out tomorrow and tomorrow never came.”
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Cetainly not the only case.
After two years of trying I have just succeeded in getting a completion statement from the solicitors who did the conveyancing on the sale of my flat in September 2005. The statement shows a balance due to me of over £2,000. I have not yet managed to obtain the balance due. I have contacted the Law Society.
Saunders, London,
In 09/2001,the Court ordered that a detailed assessment take place of the solicitor's bill 'pursuant to Regulation 107 of Legal Aid Regulations 1989', Solicitor did NOT submit his bill (which exceeded the Cost limitation of 2,500 excl VAT) for assessment until 12/2006. When the Judge asked why was it that the bill was submitted late--over 5 years, the solicitor complained of a flood. On the day of detailed assessment hearing, the solicitor contacted the former client & the court and asked that the hearing be vacated. The hearing was vacated on the grounds that the solicitor gave his word that he would go 'direct' to the Legal Services Commision & claim within LSC's assessment limits. On, 28/04/07, he submitted a bill exceeding 4,000 GBP. LSC improperly assessed downwards. On finding the LSC's error the LSC directed the solicitor to go back to Court & 'intended' to recoup the bill. Solicitor paid 2,689 pounds improperly 05/2007. LSC still has not recouped money or corrected error.
L. Anderson, Deal, , England
When I practised as a solicitor, I had a case where the employment tribunal took 18 months to deliver its judgment, which was then successfully appealed on grounds of delay. I had other cases where lengthy delays of up to 8 months occurred due to the fault of tribunals. Essentially, these delays were the responsibility of the tribunal chairpersons, who had the responsibility for writing up the judgments. There should be an effective means of ensuring that legal services are provided promptly, since my letters of complaint were not enough to ensure progress.
Cathy , Bristol, Uk
We complained to the Office of Supervision of Solicitors. The lay adviser recommended finding against the solicitor. The panel who made the decision did not agree. They were a panel of brother solicitors. We appealed. A different lay adviser made the same recommendation as the first one. The appeal panel (of solicitors) disagreed. Finally we went to the Ombudsman who did find against the solicitor.
While an independent panel would need to have legal expertise it should still be independent and the decisions should not be made by fellow solicitors.
Roger Tilbury, Worthing, England
It is unlikely that this is the only case but it will bee noted that another solicitor complaint still took at least 10 years to resolve.
Solicitors who behave incompetently should be struck of but until the complaints procedure is independent this will rarely happen.
joseph Kellie, Edinburgh, Scotland