The new firm did not need to confirm this until way into the process. I cannot recall anything in print but it would be very easy to get the required written confirmations. The person was able to use the firm's letterheads as his wife is the firm's office manager and the person also kept close contact with certain of the lawyers who were previously working with him at the disbarred firm.
Alex, are you really up . It's complex and I have to get it right BECAUSE the law firm against which I may take action is currently representing me and instructing the barrister that I have retained. The barrister is aware of my concerns but has not yet opined on what I may or may not be able to do about them. That said the barrister has told me and made it known to the firm representing me that it would be much better a to have a true litigation specialist to pursue my claim. I will fully understand if this not your area of expertise.
The CFA was not renewed. The new responsible person did not want to renew but did offer at the time to continue representing me if I paid fees which I declined to do. This is all a matter of court record. And was communicated to me by the law firm by email. What I need to know is what would be needed to make a negligeance (or whatever) claim against the firm. And I assume there is also the possibility of a misconduct claim under SRA regulations. Alex, I am in Istanbul and it's getting late. If you think you can handle this, which would be great, can we pick it up tomorrow? Many thanks.
Ok. Have you approached another firm re a negligence claim?
Noone as yet. I am still working with the firm in question and my barrister. Could we work backwards. If I have a claim how would I go about making something of it eg) would I hire a firm to make the claim on my behalf? b) would we involve the SRA? c) I assume the claim would be against the firm in question but they don't have any money so I assume we would be relying on them being obliged to resort to the liability insurance coverage, right? d)are they obliged to have such a policy? e) how much is the minimum and could it cover anywhere the amount of my claim ie $3 million? f) I assume that very quickly I or my solicitor would be taking on the insurance company? g) is this likely to be a quick, clean and cheap (haha) claim or long, complex and expensive? h) would it be settled directly with the insurance company or would we take this to court and if so which one? i) do you or some colleagues have experience of this type of claim?. Thanks.
a) Another firm may well take this on a CFA especially if it is a negligence claim
b) You dont have to, but if there is a finding from the SRA it would certainly help
c) Yes it would be against the firm and their insurers should pick up the tab
d) Yes they are required by the rules to have an indemnity policy
e) The maximum and minimum depends on the premium and required level of coverage, so it really depends
f) Yes it would be the insurance company I imagine. As soon as there is a claim the insurance company take over
g) It really depends, it may be settled quickly in which case its cheap, or if it goes to Court given the value it would take around 6-12 months
h) Yes it would be the insurance company. I can't say which one as it depends who they are insured by
i) Never had it happen that someone has pretended to be in a law firm!
Can I clarify anything about this today please?
Do you have anywhere sufficient info to take a guess (?) as to whether I may have a negligeance claim? How do I find a lawyer that would look at this on a CFA basis? I would offer generous terms.
I think by the sound of it you have a negligence claim. You can look lawyer locally to you if you wish to look at this: http://solicitors.lawsociety.org.uk/ or you can try a barrister direct access
Can I clarify anything else ?
I live in Istanbul so no local lawyer. Is this something you would look at? If not, do you have a contact in another firm who might?
Sadly I am unable to act as it is against site rules.
However if you search online using the above link or the Bar Standards Board I think it is suitable public access Barrister and they can communicate with you
Or you can try: www.clerksroomdirect.com
They have a list of public access Barristers
Does that help?
I had thought that this could be taken offline and an agreement to retain discussed. It seems a little silly to spend (paid) time with a lawyer on the matter in hand and then not to be able to use their services. Also while the sites are useful, identifying someone prepared to take this on on a CFA basis is more problematic. Maybe I should consult the barrister who is currently representing me (instructed by the errant law firm) about this matter....
I have submitted an additional service to consider.
I would like to do this tomorrow pm if that could work ..
Yes this would work. Might I ask you to rate the answer and accept the additional service so that I may assist you further
Alex, please let me speak with my barrister before I accept the additional service. I promise you that I will rate your service so that you get paid you have done so far in the next 24 hours. Thanks.
yes thank you in advance.
The question does not close when you rate.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
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