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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter's injury claim has dragged on three years,

Resolved Question:

My daughter's injury claim has dragged on for over three years, due to a great degree to the incompetence of the law firm representing her. They are now telling her that they no longer wish to represent her for various spurious reasons, and she is likely to face paying for legal costs so far. Is this legal? And is it possible to countersue the law firm for their bullying and incompetence?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Are they saying prospects of success are below 50%?
Customer: replied 1 year ago.
They are saying she acted fraudulently but this is untrue
Expert:  Ash replied 1 year ago.
Who is saying this?
Customer: replied 1 year ago.
Her solicitor!
Expert:  Ash replied 1 year ago.
Ok. I assume this was on a no win no fee? If so, does it allow them to end their retainer?
Customer: replied 1 year ago.
Apparently so. The car accident was over three years ago. THey have dragged their heels, provided incorrect medical reports which we have had to edit over and over again, and they even lost one of our revised versions! Their report of the accident itself was also incorrect and had to be revised by us. She ha a previous knee injury which she disclosed in the original report, but this appears to have been omitted from the final version. She had physiotherapy on her knee, and the physio was also aware of the previous injury. This claim was regarding aggravating the injury. They are saying she didn't disclose a previous back injury, although there is no previous back injury. THey are also saying that she din't disclose a psychological problem - this is regarding counselling she had four years before the accident regardging her father. This issue was resolved four years before the accident and did not appear relevant. We have until the end of the day to find a new lawyer, but this is pretty much impossible given the circumstances and the expiring time limit, which they refuse to extend. I can attach his letter if this will help.
Expert:  Ash replied 1 year ago.
Yes please.
Customer: replied 1 year ago.
Trying to attach it - did it arrive?
Customer: replied 1 year ago.
The accident occurred in November 2012. She was overtaking a vehicle which pulled out in front of her, forcing her into the central reservation. The other car pulled over but her car spun and overturned, and travelled a fair distance, at speed, on its roof. The other driver admitted liability and our claim is regarding ptsd and aggravated knee injury. She was traumatised for quite some time, plagued by nightmares when she was able to sleep, and this doesn't seem to bear any relevance to a problem with her father four years earlier!
Expert:  Ash replied 1 year ago.
Ok they consider prospects less than 50% because of the issue in the medical reports and fundamental dishonesty. At this stage there has been no finding of fact from the Court and therefore there is no claim for this at the moment. But it looks like they dont think the claim is worth running.
If you have signed a no win no fee they are entitled to stop representing you if they consider prospects below 50%.
So to answer your question, is this legal - yes. There is a contract between you and it will allow them to terminate any retainer.
If it possible to countersue them - sadly not. There is only a cause of action in contract and the contract between you and them will allow them to end it.
You can complain to the Legal Ombudsman about their conduct which is:
www.legalombudsman.org.uk/
You can also contact the Solicitors Regulatory Authority at: www.sra.org.uk
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Would a complaint to the ombudsman or to the SRA affect the issues they mention in their letter - repayment of costs, etc?
Expert:  Ash replied 1 year ago.
The Ombudsman/SRA can consider this and whether you should pay any costs.
But in the interim I would find another no win no fee Solicitor, there are many that take personal injury claims.
Does that help?
Alex
Customer: replied 1 year ago.
But as it is over three years ago, do we have any chance of finding someone - today?!
Expert:  Ash replied 1 year ago.
Yes. If proceedings have been issued there is just a change in Solicitor.
There are lots of firms
Alex
Customer: replied 1 year ago.
Sorry but how do I do this?
Expert:  Ash replied 1 year ago.
http://solicitors.lawsociety.org.uk/
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you