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Re: Getting all case papers from solicitor.

PostPosted: Sat Jan 06, 2018 11:20 am
by b1969
Apologies - I'm needlessly complicating the matter, but just to explain, there are some people, and I think some firms, who are trying to use subject access rights to get wider disclosure than is of right under the Solicitors Act 1974. But I'm not advocating this. See, for example

Re: Getting all case papers from solicitor.

PostPosted: Sun Jan 07, 2018 9:39 am
by Monkeybusiness
I did send the RPC link, and he replied that under my terms and conditions I have to pay for them. Unfortunately when I signed and returned the terms and condition (by post) I didn't realise that by also replying to his email with the attachment that the reply email would somehow lose the attachment of the T and C.

I have the T and C of the CFA and that says nothing of paying for papers, so I can't imagine the first T and C are any different.
He wants me to pay £120 plus VAT but even then I don't trust him to send what I want to see and question.

Re: Getting all case papers from solicitor.

PostPosted: Sun Jan 07, 2018 6:23 pm
by dls

You really do need to take on board the fact that whilst you may have paid for all the work which went into the service recorded in the file, you have not thereby come to own all of what is in the file.

Some things in the file dobelong to you, but very probably not the majority. The rules become even less clear in your favour whenthe records are electronic. Yu may own a piece of paper in the file, but you would not own a digital copy of it.

Re: Getting all case papers from solicitor.

PostPosted: Mon Jan 08, 2018 10:44 am
by Monkeybusiness
Would I have a right to the 'file' or 'brief' that was sent/given to my barrister to conduct the CMC. Which now he is asking the barrister to return to him or destroy.
I have requested it back from the barrister but a few days had elapsed from his request to barrister and my request to chambers for the file.
( I know about the solicitors request to the barrister because he inadvertently forwarded it to me).

Re: Getting all case papers from solicitor.

PostPosted: Mon Jan 08, 2018 5:25 pm
by atticus
It would surely be hard to suggest that instructions to counsel are not prepared for the benefit of the solicitor's client, and therefore belong to the client.

Where are you trying to go in your various threads? I take it that this is all part of the story in which you decided to sue your father about some jointly owned properties, found solicitors who would act for you on a CFA, and then promptly decided that you had to drop the case. That decision has led to your having to pay your father's costs, and possibly fees to the solicitor. Shouldn't you be thinking very carefully about how much further you dig?

Re: Getting all case papers from solicitor.

PostPosted: Tue Jan 09, 2018 10:34 am
by Monkeybusiness
I had a case based on the whole of my father estate - 3 million. There were some jointly held properties, but the promise from my father in 1980 and continually then on was to give me a third of his estate the rest shared with my 2 sisters. The unwritten rule out of that was that I became his servant. Latterly he turned on me, revoked the promise.
I started the case as a LiP but when it came to the first CMC the other side only wanted 3 properties valued (the co owned) I wanted the whole estate valued since my claim was about a third of the estate not just the 3 properties. I was seeking a 'clean break'.

I felt bullied by the other side prior to the CMC about the valuation of only 3 properties, they would not agree directions to have the whole estate valued.

So I went to a solicitor with the express instructions to fight for me in the CMC to have the whole of the estate valued because of the nature of the case.

Yes then I wanted to discontinue, the lies coming from my father knew no bounds, he had 3 million to fight, and buy people, he bought tenants, my sisters, etc I had limited savings to say the least. I knew by his venom that he would fight for years, that even if he won he would appeal. He is 85 and would die fighting me.
I spoke with Erin Davies and knew the difficulties I would face. so I decided to cut my losses and settle for the fact that my sisters could not settle the estate easily with me holding jointly held properties with my father, so my price to hand them over would be high!!

The day after signing the CFA I told my solicitor that I WAS discontinuing but he advised me to hang on to after the CMC because the other side had mentioned mediation to one of his colleagues. (This I believe to be a lie since no mediation was discussed and an offer from us ignored).

I hung on, my words to him - I will hang on. I hung on for a week to CMC and a week after just to make sure mediation was a dead dog, which it was. I then emailed my solicitor to discontinue and I would pay a portion of my fathers costs. Then the games began because he did not want me to discontinue.
Over the course of 2 months I told him to discontinue with various wording, he made me over the period sign 3 different letters to confirm my decision. Still he would not discontinue, in the end he emailed me the discontinuance and told me to do it myself.

Of course in the 2 months lapsing costs had gone up on both sides. I had offered to discontinue and pay my fathers costs 80% estimated to be around 17,000.
When at last I did discontinue these costs were now 30,000 god knows how, and I had no money left to fight a costs hearing so I ended up paying 24,000. Needless to say that during that 2 months my solicitor had told me that costs were not increasing because we had a stay in the proceedings to negotiate.........however he changed his tune when I asked for a costs estimate and he said he couldn't because he could not predict what the other side had done towards the final trial e.g witness statements.

My solicitor has consistently failed to follow instructions. He has lied to me. He has mis informed me.

I have just got the paperwork supplied to the barrister for the CMC it says nothing about the valuation of all the estate in the directions. I sat in on the CMC and was appalled that my barrister knew nothing about the estate nor that he was meant to be fighting for the valuation as a whole. Before the CMC he came in gleefully and told me the other side had agreed to the valuation of 3 properties, I said no that's not right your brief is surely to be looking for all the estate to be valued. He then proceeded to give me a lecture on the fact that I could not go 'after' my fathers estate until he was dead. I then had to give him a lesson in proprietary estopple.

I went back to my solicitor and told him the CMC was a car crash that the barrister knew nothing did not know what he was fighting for, knew nothing about PE, had no idea as to my fathers wealth and that he was ill rehearsed and ill prepared.

Now I know why.
Please explain your comment about how much further should I dig.

Re: Getting all case papers from solicitor.

PostPosted: Tue Jan 09, 2018 9:39 pm
by dls
The day after signing the CFA I told my solicitor that I WAS discontinuing

Reread the CFA. You may wish to discontinue,and you wishes are a central part of this, but they may not be not entirely determinative. PUTTING it in capitals dos not change that.

It may indeed be that they got it wrong, but the above need not be enogh to make it so. You have an agreement. Read it.

Re: Getting all case papers from solicitor.

PostPosted: Tue Jan 16, 2018 11:14 am
by BoJangles
we got charged photocopying charges which I understand because how are the solicitors supposed to keep their own copies on file for 6 years if they give you the originals