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Legal malpractice - solicitor doing what we didn't agree!

Legal malpractice - solicitor doing what we didn't agree!

Postby kesm » Fri Dec 08, 2017 6:04 am

Hi all,

I purchased a house and my solicitor failed to ask some queries which led to my purchase not including everything advertised by the seller . The solicitor accepted responsibility of them missing to ask all the queries.
I hired a new solicitor and agreed an action of plan with my new solicitor. That was for the solicitor to approach the previous solicitor that is at fault, and ask them for £ for the loss of the item that was not included as part of the purchase. That item is currently be used by the next door neighbour.
My new solicitor ignored our agreement and asked for £ from the previous solicitor to pay off my next door neighbour . I told him that this is not what we agreed and he said that I have a direct duty as the Claimant to mitigate any loss that I have suffered. I told him that the previous solicitor tried for 3 years to negotiate a deal with the next door neighbour and failed to do so. And I was driving those efforts via my previous solicitor. Therefore I have done my direct duty.

Now I think that my new solicitor is in the wrong by doing what we did not agree cause a trainee was on the case and now the proper solicitor is looking after it.
What do I do? Sack him and go to another one?
Is he right when he says that I have not done enough to mitigate the loss and that I should pay off the next door neighbour?
Finally the new solicitor wrote a letter to the previous one stating that I want to pay off my next door neighbour. Obviously not correct since I had no clue about this. He used my name and falsely stated information that is not correct. Can I ask for money back because of that?

Thanks all
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Re: Legal malpractice - solicitor doing what we didn't agree

Postby atticus » Fri Dec 08, 2017 6:55 am

Have you invoked your solicitors' complaints procedure?
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Re: Legal malpractice - solicitor doing what we didn't agree

Postby dls » Tue Dec 12, 2017 2:36 pm

These things can indeed be very frustrating for all involved.

What you describe is not yet sufficient to establish that the first solicitor is at fault. He easily may be, but more would be required.

As to the second, the question asked goes as to the value of whatever it is that was omitted, and whether it is worth pursuing it.
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