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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently instructed my solicitors to bring a negligence claim

Resolved Question:

i recently instructed my solicitors to bring a negligence claim against a firm of surveyors. my solicitors failed to bring the claim 1. against the correct defendant and 2. failed to serve the claim against the surveyor at his correct address.
i have approached a barrister on direct access who has said i may have a claim against the solicitors. we have sent the a letter indicating we may bring a claim. the barrister has now indicated that prior to sending a letter of claim he wants to give a written opinion before drafting a letter of claim.
is it really necessary to have counsels opinion before a letter of claim is sent?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is the Barrister taking it on a no win no fee basis?
Customer: replied 2 years ago.

no

Expert:  Ash replied 2 years ago.
Ok, then you dont need an advice. Its up to you as the client what you want the Barrister to do. If you are just sending a letter then you dont need a formal advice.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

the barrister indicated that he would not send a letter before claim unless he had carried out a full inspection of the papers. by the way he has already drafted a preliminary letter before action which has been sent to my former solicitors.

should i simply ask him to draft the letter of claim without an advice and if he refuses go e

Expert:  Ash replied 2 years ago.
If he is signing it then you cant get him to do it without a review. If he is drafting but you are signing and its in your name, then he does not need a review.
Does that clarify?
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex