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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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In English Law where would I find the Law Society's Best Practice

Resolved Question:

In English Law where would I find the Law Society's Best Practice when communicating any Observed Risk or Traps against a Clients Financial Interests? The Guidance Notes in 2007? Relating to an Option Agreement in which the Inevitable Outcome, because of the Formula agreed between both sides Legal Representatives. I the Client having no prior knowledge or experience of Option Agreement to purchase Land that I owned subject to the other Party obtaining Planning Permission?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

What you are looking for is in the Solicitors Code of Conduct 2011.

One of the mandatory principles that your solicitor must follow is to provide a proper standard of service to you.

Please also see section 1, chapter 1 of the Code of Conduct which deals with client care :

http://www.sra.org.uk/solicitors/handbook/code/content.page

If you feel let down by your solicitor, you should raise a formal complaint against him and if your complaint is not dealt with to your satisfaction, you may complain to the Legal Ombudsman:
http://www.legalombudsman.org.uk/consumer/

May I help further?
UKSolicitorJA and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Your answer is too broad based the reference does not answer the question I asked?

Customer: replied 2 years ago.

I have asked for more specific advice and any related Case Law?

I have been through the Pre Protocal Procedure and await ADR via Mediation? Their defense is void of any factual evidence & solely based upon unverifiable assertions, suggestions & innuendos?

I need to be able to prove the Negligence on the basis of either case law or his non-compliance with any recommended practice or guidance from their Governing Body?

Expert:  UKSolicitorJA replied 2 years ago.
The SRA Code of Conduct is your main starting point of reference as far as Law Society practice is concerned.
As far as the negligence issue is concerned, that is up to you to show based on what your particular claim against the solicitor is.
This Law Society Practice Note for litigants in person such as yourself may also be useful as far as your ex solicitor is concerned:
http://www.lawsociety.org.uk/advice/practice-notes/litigants-in-person/
See here for the Law Society Practice Note on client care and information
http://www.lawsociety.org.uk/advice/practice-notes/client-care-letters/
Hope this helps
Customer: replied 2 years ago.

The guidance relating to LiPs in Court will be very helpful. However, complying with the Court Proceedures leading up to the Civil Proceedings is very complicated? To me!

Already the Lawyers who are representing my Ex-Negligent Lawyer are threatening me: for failing to comply with the guidelines & have given me 14 days to provide information which I do not understand or they will apply to the Court to dismiss my claim? Or words to that effect?

The Negligence took Place between Dec 2007-April 2009? Will the 2011 rules for communicating with clients differ? How can I access the 2007 Guidance?

Expert:  UKSolicitorJA replied 2 years ago.
The 2007 Code of Conduct will be relevant if the negligence took place before the 2011 Code of Conduct was introduced, which you will find here
http://www.fassit.co.uk/pdf/solicitors-code-of-conduct-full.pdf
Customer: replied 2 years ago.

Thank you for the 2007 Code of Conduct. I have spent hours looking through the Document. I can find nothing that instructs a Lawyer/Solicitor that they have a responsibility after a one-one meeting that they should ensure that their Client has understood fully by writing to the Client without any Legalese language; to confirm their understanding? Where can I find this?

Expert:  UKSolicitorJA replied 2 years ago.
Unless the client requested such a letter, there is no obligation on the lawyer to provide one.
This is why you have not found the information in the code of conduct.
Customer: replied 2 years ago.

How would I have been expected to known this?

Customer: replied 2 years ago.

So are you saying that a Lawyer is reactive & is not required to be proactive? Lawyers have a superior knowledge & understanding of the law. What is obvious to him or her can mean nothing to us mere mortals? What would you understand by the Terminology "Open Market Value"?

Expert:  UKSolicitorJA replied 2 years ago.
You may lodge a complaint against your lawyer or to the Legal Ombudsman if you are not satisfied with the service provided to you.

All the best
Customer: replied 2 years ago.

I have tried to break my questions to simple ones & they are not getting answers? Let's try this one again. You are suggesting that a lawyer is not required to be proactive? You tell me there id nothing their Customer Care that requires them to write to a client unless a client asks him too is that correct?

If I have understood what you said I then asked how am I supposed to know this fact? That is 2 basic questions please respond ASAP specifically to these 2 so I can see a way forward?

Expert:  UKSolicitorJA replied 2 years ago.
I am not saying that a lawyer is not required to be proactive. However, what I am saying is that the lawyer has to abide by the SRA Code of Conduct and representing his client properly.

If that means that the lawyer should have been proactive to ensure that he discharges his duties to his client properly, then the lawyer should have been proactive.

In your case, the court will decide whether or not your lawyer failed to discharge his duties properly e.g. you may think he was not proactive but he may argue that he was.

The same goes for your second question.

Please ask any further queries on a separate new question.