How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10786
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

can a solicitor who has no client hold client's monies (which

Customer Question

can a solicitor who has no client hold client's monies (which belong to another client) which he has no lawful right to do so? And, simply refuse to release the monies and what is the situation re: the client's interest?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.
Customer:

1. Once a solicitor's undertaking is given by a new solicitor to the original solicitor whereby the new solicitor takes up the client file, the original solicitor is obliged to transfer any client monies to the new solicitor. Accordingly, here, if the original solicitor is refusing to hand over client monies, you simply get yourself a new solicitor and get him or her to take over the running of the case. If interest on the client monies was agreed between the original solicitor and the client, then the original solicitor must include the interest on the sum of money transferred to the new solicitor. Otherwise a court application for an account can be brought against the original solicitor seeking the full amount of money due.

Customer :

He is holding the monies which are mine and refuses to hand them over

Customer :

he was NEVER my solicitor

Customer :

he is holding my money but has no lawful right to do so

Customer :

He said he was acting for the dissolved company

Customer :

I was acting for the company while it was alive

Customer :

when it died he never served me with a Notice of Change

Customer :

yet he says he stand in the shoes of the company

Customer :

my solicitor although knowing he had not served a Notice of Change

Customer :

and that the Company is dissolved

Customer :

entered into a contract with him

Customer :

and is holding my money

Customer :

my solicitor gave my money away to him

Customer :

My question has not been answered yet

Customer :

when you answer it i will rate it immediately

Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

can you answer please

Expert:  Buachaill replied 3 years ago.
2. Dear M, There are two issues here. Firstly, you own solicitor was negligent in giving your money away to this other solicitor who claims to act for a dissolved company. That was negligent. Secondly, a solicitor cannot claim to hold money for a dissolved company. In strict point of law, the monies now belong to the Crown as they are bona vacantia. A dissolved company cannot "own" monies as it no longer exists. These monies should have been given to the liquidator of the company if they belonged to the company. If the monies lawfully belonged to you, then you can make a summary application to the High Court in Belfast under the Courts' inherent jurisdiction over solicitors as officers of the court for the solicitor holding the monies to deliver them up to you. Be aware that you also need to expect a defence from the solicitor that these monies belong to the Crown as the company is dissolved. So you need to make sure you have good grounds for them belonging to you. So think this out in advance. Be aware that there might be some element of unlawfulness on the solicitor's part, as no solicitor usually claims to hold monies for a dissolved company.