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Change of company name (a law firm)

Re: Change of company name (a law firm)

Postby atticus » Thu Oct 30, 2014 9:18 am

a very crucial problem, eh?

Can you arrange for one of your barristers to post a reply to help the OP to "compliant against the newly company"?
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Re: Change of company name (a law firm)

Postby theycantdothat » Sat Nov 01, 2014 10:04 am

dls wrote:It is not scandalous to destroy files after the time for any claim has passed. It is universal and standard and good practice.

What the practice should be seems to be a bit of a grey area. No doubt many solicitors take a pragmatic view, but my immediate thought was that since the file belongs to the client it ought not be destroyed without the client's permission. The advice given by the SRA would appear to confirm that: http://www.sra.org.uk/solicitors/code-o ... r2011.page If there is anything in the Limitation Act 1980 which provides that if you are looking after something for someone they lose title to it after six years I cannot find it. Whether the client's action is founded on contract or tort, I would suggest that, applying section 32, any period during which a claim can be made does not expire until six years after the client has been notified of the file's destruction. Apart from that, in a claim for negligence the time limit does not start to run until the client is aware he has a claim; in the case of a conveyancing matter, for example, that may not be until well after six years from completion.

Ignoring any question of whether the solicitor has authority to destroy a file, how long a file should be kept has to depend on the type of matter. I would suggest, for example, that:

· A purchase file should not be destroyed before the property is sold

· A commercial lease file should not be destroyed until two years after the lease expires

· A will file should not be destroyed before the testator dies
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Re: Change of company name (a law firm)

Postby dls » Sat Nov 01, 2014 12:38 pm

It remains standard and sensible practice to destroy files. It has always been not a simple affair. Assessments and checks have to be in place as to the recommendation made by the solicitor in charge of the file, the extraction of original documents and all sorts of other questions.
The SRA guidance clearly envisages that it will in fact take place - in reality it suggests proper caution.
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