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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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I have spent the last 3 years suing a professional for negligence.

Resolved Question:

I have spent the last 3 years suing a professional for negligence. Their representatives treated us appallingly in my opinion, they were insulting and contemptuous and took ages to answer the simplest letters. I am advised by the professional in question that their professional negligence insurers 'oversee' the case but does this mean that the professional is not allowed to have any input or involvement in how the case is progressed? How appropriate is it to refer to our oponents solicitors as their 'representatives'?
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Thanks for your question. What do you want to achieve? Do you want to complain to their professional body? The reality is that profession indemnity insurers will have appointed the solicitors and will for practical purposes instruct them as the insurers foot the bill. You are of course correct that the professional is still at the end of the day your opponent but they will not be allowed to agree anything or have any material input into the conduct of the litigation without the approval of insurers.

Customer: replied 3 years ago.


I don't want to complain to professional body as I have had enough of them but I do want to tell people about our treatment. I understand that they need the approval of the insurers but they at least can attempt to get their representatives (is that the right word?) to behave professionally and courteously surely? (even on the basis that to act otherwise may cost everyone involved more)

Expert:  Senior Partner replied 3 years ago.
Well I am afraid to say that there is an element of the legal profession particularly amongst litigators that can be both unpleasant and aggressive but at the end of the day, they are accountable to their own client not to you and whilst you can in theory complain about another parties solicitor unless the conduct is a breach of professional rules there is little point.

If they do anything that increases the cost then the court can deal with it and can penalise them but otherwise there is I am afraid little you can do.

Customer: replied 3 years ago.


Sorry to keep on but I asked whether the word 'representative' in relation to our opponent's solicitor is an appropriate term

Expert:  Senior Partner replied 3 years ago.
It is not an expression I would use but there is nothing to stop them form doing so. That is what Solicitors do - they represent clients. So they can describe them as the representatives of the defendant. Their client can also refuse to communicate with you and insist you only go through their solicitors.
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience: Solicitor with more than 30 years experience
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