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Instructions to solicitors

Instructions to solicitors

Postby Monkeybusiness » Sun Jan 07, 2018 9:47 am

Question how should things you want done by your solicitor be worded?

a )I guess stating I instruct you to do..............is pretty clear.
b)But what if you just say please do so and so................
c)Or if you have been discussing an issue and you just state a more obscure terminology but it is a well understood term e.g. "pull the plug" would that suffice as a comment to do something like just get on with it.
d) if you say do it but without the middle paragraph included, would that be understood as an instruction.
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Re: Instructions to solicitors

Postby atticus » Sun Jan 07, 2018 10:04 am

It's a conversation, leading to an agreed course of action.

B can be fine, if it is clear in the context. Although I might query with you if I advise another course.

C I would probably want to clarify, to make sure there is no misunderstanding.
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Re: Instructions to solicitors

Postby Monkeybusiness » Sun Jan 07, 2018 10:12 am

What if your solicitor doesn't want to agree to your course of action, so you go from I instruct you, to pull the plug out of sheer exasperation.. How many times in various ways should you have to ask your solicitor to do something, and over what period a week, 2 weeks and month six weeks all the while knowing that costs are increasing on both sides.
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Re: Instructions to solicitors

Postby atticus » Sun Jan 07, 2018 10:52 am

Ask the solicitor to tell you who you complain to, and for the firm's complaints procedure.
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Re: Instructions to solicitors

Postby dls » Sun Jan 07, 2018 6:08 pm

In many cases now, the client abandons the full control of an action.The solicitor invests hisown money in the pursuit, and also has rights.

The client may indeed retain the final decision to abandon a case, but that may be conditional.

Situations vary.
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Re: Instructions to solicitors

Postby atticus » Mon Jan 08, 2018 9:31 am

And that reminds me that yours was a CFA case - a case in which the solicitors had made an investment.
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Re: Instructions to solicitors

Postby Monkeybusiness » Mon Jan 08, 2018 10:29 am

I signed a CFA on the 2 October, then I requested to discontinue the case, 3 October, he then told me to hang on till the CMC because he alleged that the other side was talking mediation. I hung on but told solicitor that if mediation did not result from CMC I was still going to discontinue. He revoked the CFA 22 October.
However I had instructed him to discontinue 16 October. He did not discontinue simultaneously with the CFA revocation which I would have expected.
From then on the games began because he did not want me to discontinue what was or could have been a very high profile case akin to Davis v Davis.
Finally after asking him to discontinue about 20 times he told me to do it myself and he was to busy and could only get to it next week.
30 November he emailed me the notice (signed by him 21 November) I had to drive to the Court and hand deliver.
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Re: Instructions to solicitors

Postby dls » Tue Jan 09, 2018 1:21 pm

It only makes sense to discuss thisin the light of the CFA agreement. Your 'instructions' to drop the case may not count as instructions.
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Re: Instructions to solicitors

Postby Monkeybusiness » Tue Jan 09, 2018 4:00 pm

The CFA states that if I go against his advise he can then claim back his full costs to that date. I have paid what he requested. It was my case to discontinue not his.
I signed the CFA 2 October I wanted to did continue 3 October, he persuaded me to hang on to see if ADR was coming I did for 2 weeks. Then I said no ADR so discontinue
I accepted to pay his full costs for that period
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