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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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How long after a hearing has finished does a barrister have

Customer Question

How long after a hearing has finished does a barrister have to keep a case file before it can be legally discarded
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi
Barristers do not keep cases.
They are returned to the officers of those instructing who have an obligation to keep them for six years usually.
Barristers keep counsel's notepads for six years but all that will contain is their notes of the hearing.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you, ***** ***** weeks before my tribunal hearing went to court my solicitor squeezed my papers into a cardboard box and sent them back to me saying they would Not be representing me any longer So in the real world I didn't have a solicitor, the barrister Ms Kerry Smith carried on alone and we lost the case....That being the case Kerry had no body to pass these papers onto for safe keeping for the six years you talk of..... What would you advise me to do if anything

You might ask WHY did they behave like they did:- Whittles of Manchester Claire Harper was my solicitor when I signed up with them, after about 3 months she was sacked and I was given Justin Madders replaced her. Apart from losing Claire there was considerable confusion within the office and if became very apparent that docuementation wasn't available, mainly a copy of my account, ie monies paid Having causing riots demanding this info along with other papers The whole thing went from bad to worst which meant that instead of coming clean they decided th put the paperwork in a flimsy little box which was all broken open on arrival and when I accused them of losing paperwork they came back to me saying it was in there when we sent it Why leave it until 3 weeks before the hearing date and then knick me into touch Any comments from yourself would be most helpfulThank You. Colin Parsons

Expert:  Jo C. replied 2 years ago.
You can always complain to the Law Society but a solicitor is free to refuse further instructions from a person.
If they were no longer acting then they were not under an obligation to keep the papers as they had to be sent back to you so that you could instruct another firm if you choose.
If they have lost papers then that is misconduct that would interest the Law Society or the SRA.
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience: Over 5 years in practice
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Expert:  dianne-cssm replied 2 years ago.
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