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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am in a dispute where the oppositions solicitors has agreed

Customer Question

Hi I am in a dispute where the oppositions solicitors has agreed to our undertaking but has now ignored that agreement and has given a months less time to resolve the issue and threatening court action. The legal problem is not the issue. I believe this is a bullying tactic and caused me a lot of distress. Can I make a complaint?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
As the Solicitor is not instructed by you - then if you complained to the Solicitors firm directly then they do not have to respond to you.
The Legal Ombudsman also only handles complaints about a Solicitor that you have instructed.
A Solicitor does have to act within its regulators Professional Ethics and therefore if you considered that the Solicitor was not doing this then you are able to a complaint to The Solicitors Regulation Authority whom can choose to investigate.
The SRA can be contacted on:
Tel No: 0370(###) ###-####
Opening hours
08.00 to 18.00, Monday, Wednesday, Thursday, Friday
09.30 to 18.00, Tuesday
Kind Regards
Caroline
If you have found this service useful then please kindly remember to rate the service that I have provided positively so that credit is received for our work
Customer: replied 1 year ago.
Can a solicitor with draw an agreed undertaking, and if so do they have to say that this will take place. Instead of end of February.. It's now 26th Jan... Can't ask my solicitor as this has occurred after close of business. It's just on my mind
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Please may I ask what type of undertaking was given?
Kind Regards
Caroline
Customer: replied 1 year ago.
I am an executor and on disposal of a property I have agreed to hold the proceeds in client account. This is not the legal problem. They are trying to force distribution but some historic transactions are outstanding and awaiting information.
What I am keen to understand is can a solicitor rescind on an agreed undertaking and then threaten legal action at short notice... It's the process I am keen to understand. Can an opposing solicitor use any tactic to get there way
Customer: replied 1 year ago.
a solicitor under the regulatory authority has obligations to their client, but surely has an obligation to act reasonable in dealing with others, is their regulations covered for this?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
That area of law isnt my professional but I can give you general guidance on the breach of a Solicitors undertaking.
A solicitor’s undertaking is a commitment by a solicitor to do something, cause something to be done or abstain from doing something.
An Undertaking can be given orally or in writing. An Undertaking does not actually have to include the word "undertake" or "undertaking".
The benefiting party of the undertaking must reasonably place reliance on the undertaking that has been given.
Undertakings are enforceable by the following methos:
1) legal proceedings can be commenced to seek damages and / or specific performance
or
2) an application can be made to court - asking the couer to exercise its jurisdiction to order a solicitor to comply with his undertaking. Solicitors are officers of the court.
Failure to comply with an undertaking can lead to serious consequences.
It is also possible to report a breach of an undertaking to the Solicitors’ Regulation Authority.
Whilst the SRA does not have the power to enforce undertakings - the breach an undertaking can amount to professional misconduct and sanctions can be imposed.
I hope that this helps you relax.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Yes - sorry if my first message was not client.
Even though you are not a client of the Solicitor - if you consider that the Solicitor is not acting with professional ethics then you can report them to the SRA,
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
sorry! typo first line should have read -
Yes - sorry if my first message was not clear
not client
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Caroline
Much appreciate the advice. I can now sleep and think clearer and hopefully reasonable in the morning.
Thanks
Brian
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome Brian :-) Glad I could help
Kind Regards
Caroline

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