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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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Contracts have been sent to a solicitor held to order pending

Resolved Question:

Contracts have been sent to a solicitor held to order pending formal exchange of contracts by Formula A and the matter is now abortive. The solicitor despite several requests has not returned the documents. Is this a breach of undertaking?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
This would only be a breach of undertaking if the contracts were sent to the solicitor to be held to strictly to the order of another solicitor and the solicitor had undertaken to return them.
If the solicitor is ignoring correspondence this in itself is a conduct issue any way and you should simply make a complaint to the Legal Ombudsman - www.legalombudsman.org.uk/
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 3 years ago.

Thank you for your help. So the words 'to be held to our order' do not have any legal relevance?

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Those words do have meaning but do they have the words "undertake to be held strictly to our order"?
Also was this done solicitor to solicitor?
Kind regards
AJ
Customer: replied 3 years ago.

No documents were sent by us to be held strictly to our order.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Even though the solicitor did not formally give you an undertaking their conduct is sufficient to damage the profession in the eyes of the public.
Give them one last chance to return the papers and if they do not within a certain deadline you will have to complain to the Legal Ombudsman.
Kind regards
AJ
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