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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello I asked my family solicitor about the following However

Resolved Question:

Hello
I asked my family solicitor about the following However he shows no interest possibly because he thinks it is too late
I asked a friend(solicitor) for advice regarding a legal issue He referred to counsel for advice for which there was a fee of £2000 I told him at the outset that I had legal expense insurance He retorted "pretend you have never told me " At that time I thought it to be a strange situation having insurance for this purpose and not utilising it I paid 2K late December 2008 I received no paper work following my meeting with counsel .I made no effort to redeem this situation as I had a son who was suffering terminal cancer and passed away 3years later .It is something from which you never ever recover .I feel aggrieved as he has been a so called friend for a very long time
Yours Sincerely
G Bird
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you mean you wish to recover this money from your friend?
Clare
Customer: replied 2 years ago.
Yes I presume he had legal cover even though I believe he was retired at that time from full time professional activity
Customer: replied 2 years ago.
Dear Clare
I cannot tell whether my response has been forwarded as in my regular email
Gordon Bird
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Were you happy with the actual outcome?
Clare
Customer: replied 2 years ago.
No the advice from counsel was of no use As I said I received no paper work .I cannot remember the name of counsel We had conference at Newcastle chambers.some weeks passed when I rang the solicitor as to what was her advice He said counsel said it was "over egged " My solicitors name is***** company office was Swinburne Jackson of Chester le Street
Expert:  Clare replied 2 years ago.
Hi
What was the nature of the issue and was advice given at the conference?
(yes it is relevant)
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
A neighbourly connived dispute not easy to explain without presenting the whole picture net result was claim of damages upon sale of my property In disclosure my acting solicitor wrote in his handwriting yes there was a problem but as a result of completion of building works that should be the end of complaint Staggeringly the complainant received 40k compensation at mediation for something he knew prior to the sale I lived 35years in this special environment just to reach a point whereby no more could be taken of the iniquity of events
Counsel had little advice at conference She suggested that I must have had knowledge of information relative to disclosure of sale
I remarked I left that to the legal adviser We after all did say we had problems and because the building programme had been completed that should resolve the issue .
Customer: replied 2 years ago.
A neighbourly connived dispute not easy to explain without presenting the whole picture net result was claim of damages upon sale of my property In disclosure my acting solicitor wrote in his handwriting yes there was a problem but as a result of completion of building works that should be the end of complaint Staggeringly the complainant received 40k compensation at mediation for something he knew prior to the sale I lived 35years in this special environment just to reach a point whereby no more could be taken of the iniquity of events
Counsel had little advice at conference She suggested that I must have had knowledge of information relative to disclosure of sale
I remarked I left that to the legal adviser We after all did say we had problems and because the building programme had been completed that should resolve the issue .
There is depth of history to this
Expert:  Clare replied 2 years ago.
Hi
What was the excess on the policy - do you remember?
Clare
Customer: replied 2 years ago.
Ii am not sure which policy I had in place at that time Either Saga or Barclays one had 50K excess
Customer: replied 2 years ago.
Can I action a claim for compensation / loss of £2000 for falling to advise use of legal expenses insurance
Expert:  Clare replied 2 years ago.
Hi
Had you used the insurance you would have had to use the Solicitor and Barrister nominated by the Insurance Company - which could have meant a more complex and possibly more demanding approach to the problem - which may explain the process.
In terms of taking action the problem is that you knew that you had the Insurance - and agreed not to make a claim
On that basis it is hard to see what action you could take to recover the funds.
However you could make a formal complaint about the behaviour of your solicitor in terms of failing to discuss this fully with you
More details here
http://www.lawsociety.org.uk/for-the-public/faqs/complaining-about-a-solicitor/
Please ask if you need further details
Clare
Customer: replied 2 years ago.
yes I knew I had the insurance and did not act upon it during a period of immense stress Just try to imagine loosing a son whose life was breathtakingly scintillating to his peers and beyond A Cambridge graduate of immense talent I shall speak to my so called friend ,,,,!! Shortly
Expert:  Clare replied 2 years ago.
Hi
I sadly have no need to imagine.
I am afraid that the law makes no allowance for grief
Clare
Customer: replied 2 years ago.
Should I make an official claim against him
Customer: replied 2 years ago.
Hi
I thought I had rated you as excellent How can I make a claim to reimburse this error Should I try small claims court?
Expert:  Clare replied 2 years ago.
Hi
You have no claim against him on which you can base a Small Claim application.
You had the chance to say no - but you did not do so.
You do have the right to make a complaint about his behaviour and seek compensation if your complaint is upheld
Clare
Customer: replied 2 years ago.
Claire thanks for advice I'll see what my friend ? has to say
Expert:  Clare replied 2 years ago.
Hi
I hope it goes well for you
Clare
Customer: replied 2 years ago.
Many thanks
Gordon
Customer: replied 2 years ago.
Sorry I thought I'd checked rating No further questions Thanks Gordon