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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34285
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My previous legal questions

Resolved Question:

My previous legal questions were answered by Clare, 2nd August 2012. Would it be possible for her to advise me further?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question and for asking for me
Please let me know how I can help
Clare
Customer: replied 2 years ago.

Hi Clare, thank you.



I have contacted ASK on many previous occasions regarding this case. Your advice has been helpful. My wife and I are pensioners fighting a crooked solicitor who is suing us for over £20,000 which we do not have and we are in danger of losing our house. We intend to represent ourselves as we cannot trust another solicitor after what has happened to us.



This is the ONLY agreement my wife signed with him for him to represent her in a fight with our local council:



Contract of Employment.



1. I acknowledged receipt of your client care letter dated 23rd November 2006. 2. I confirm your instructions to act for me in this matter.


3. I accept your fee quotation contained in the client care letter.



It is a mess. No one was “employed”. Further, there is no “letter dated 23rd November 2006.”



My wife if undergoing surgery for cancer and her surgeon has written to the court to say that my wife is too sick to attend. No reply. We are being ignored.



I want to go to court in my wife's place. I know the case inside out. The court has agreed that I can attend and speak for her but only if she attends. That is not now possible because she is too ill. We only have a few weeks before the case.



My question to you is:



A. Can I go to court on the day and say she is not here because she is not under any proper legal agreement with the solicitor?



B. Would it be better for me to attend and explain that she is too sick to be there?



C. Can she attend court wrapped in a blanket and refuse to answer any questions because she is not under any contract with the solicitor?



D. Is there a better way?



Expert:  Clare replied 2 years ago.
Hi
Remind me - there was a Client Care letter - just not of that date
Clare
Customer: replied 2 years ago.

There is such a letter, but of a different date. Please bear in mind that I had, therefore, never even seen it until the dispute arose.

Expert:  Clare replied 2 years ago.
Hi
What is the date of that letter?
Clare
Customer: replied 2 years ago.

This is what solicitor wrote when I asked for a copy of the letter, which I have never seen - Verbatim:

The client care letter should have been dated 23rd November 2006 but unfortunately whilst the letter was based on a precedent including the Acknowledgement Form, the date on the acknowledgement form was changed to 23rd November 2006 but the date on the Client Care Letter was unfortunately not changed to 23rd November 2006. You therefore have already been supplied with a copy of the Client Care Letter sent on 23rdNovember 2006.”

Clare

Further, I am trying to enter your “Ask unlimited questions” agreement. I have paid the £38 by credit card but I can get no further because when I enter my email address it simply states that someone else is using that address. (“This email address was used to register another member. “????) Then the whole thing just hangs up. !!!! Please will you sort this out. It is taking me hours.

Expert:  Clare replied 2 years ago.
HI
That is confusing - approaching it from a different angle - did you receive the client care letter - if so when?
Clare
PS I will ask customer services to deal with the other query
Customer: replied 2 years ago.

Hi Clare, Thank you for your patience.

It IS confusing. I do not think I ever recieved a client care letter. I have asked repeatedly to see it and there is always the same type of reply as above.

Expert:  Clare replied 2 years ago.
Hi
It would have come early in the relationship - with the form that was signed. It would have been lengthy and set out details of charges and procedures.
Clare
Customer: replied 2 years ago.

Have gone through paperwork. There is a long letter dated 17th October 2006 setting out what will or will not be done. It is not headed "Client Care Letter" but if I have to guess, I would say that is what it is.

Expert:  Clare replied 2 years ago.
Hi
Yes that is the one - and it is what created the Contract of Employment.
In this case the use of the word Employment is in the context of "employment of services" - she agreed to employ the services of the solicitor on the terms of the letter of 17th October
In answer to your questions
A and B. You cannot go and say that she did not have a legal agreement - you can go and say that she is too ill to be there
C she can attend and you can deal with the case - she may even be released home if they realise she is indeed ill
I am not aware of the full details of the case so cannot say if there is a better way!
Clarr
Customer: replied 2 years ago.

Thanks for reply. So, even if the agreement is botched is is still binding. Shame.



My wife's surgeon has advised the court that my wife is too ill to attend but they have not replied. If they do not reply and I attend without her will the case be automatically lost?



Is there an easy way of her not having to attend?


Expert:  Clare replied 2 years ago.
Hi
The fact that it was botched is helpful as it does show a general level of incompetence which may assist your case.
What time is the hearing?
Clare
Customer: replied 2 years ago.

13th March.

Do you still have the notes from my first contact? (I am not expecting that you do)

Expert:  Clare replied 2 years ago.
Hi
Sadly no although I have looked .
What time of day is the hearing
Clare
Customer: replied 2 years ago.

Relevance of time of day?

My wife's surgeon has written to the court advising that she is too sick to attend. The letter has been ignored.

I have been given permission to talk on my wife's behalf. What will happen if I arrive at court without my wife?

Expert:  Clare replied 2 years ago.
Hi
It is as simple as this.
Assuming the case is not listed for 10 am you have time to turn up early and explain the circumstances to the Usher - complete with copy reports and ask if it would be possible to see the Judge and explain your situation.
You can then say that your wife can be brought from her sickbed to the Court if need be - but that it would be impossible for her to give evidence
There is no guarantee that at point the Judge will agree to the case going ahead without your wife
It is actually technically not legal for it to happen BUT it is possible that in these circumstances the court will use compassion
Clare
Customer: replied 2 years ago.

Sadly, case is listed for 10 30 am. But I am willing to give it a try. The court is many hours away from where we live so I have arranged for her to be in an ambulance, with a nurse, parked in the towns Park and Ride.

Thank you Clare, that looks like something I may be able to carry off. The case is listed for 10.30 (might it still work?) I will be there as soon as the doors open. I can explain to the Judge that my wife knows very little about the case anyway, she is only named because she owns the property we live in.

Expert:  Clare replied 2 years ago.
Hi
It could work.
The Alternative is to have her there at the start and ask for her to be released immediately
Clare
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