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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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If a solicitor fails a case, must he submit any

Resolved Question:

If a solicitor fails a case, must he submit any correspondence he has about the case to another solicitor
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear you have moved Solicitor and want to transfer the file?

Customer: replied 10 months ago.
I tripped over a drain 37mm above the ground breaking my jaw, bruising knees, sternum and chest, plus cut chin and smashed fingers. The solicitor challenged Tendring District Council for compensation, but their answer was my injury was insigniificant. As the solicitor failed to get any recompence I approached two more solicitors, but they have refused the case because the first will not submit the correspondence he had with the council. So, can he do this or how do I get someone to take this case on?
Expert:  Jamie-Law replied 10 months ago.

Was this on a no win no fee?

Customer: replied 10 months ago.
unfortunately, I think he wants to be paid for the work he had done on this case.
Expert:  Jamie-Law replied 10 months ago.

Ok. Well the new Solicitors should take on the case if they give an undertaking they will pay his charges if you win,

If he refuses then you can complain to the Legal Ombudsman

They offer a free, independent service and can examine your complaint at:

http://www.legalombudsman.org.uk/

But generally if your new Solicitor gives an undertaking the files should be released. As a matter of law the files remain the property of the Solicitor until they are paid, which is why your new Solicitor would need to give an undertaking.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
It seems apparent that the two new solicitors I approached to deal with this case are not interested as the second solicitor did write to the first, but were not prepared to pay his fee and the next refused to take on the work. Having taken your information I feel I will now have to approach the Ombudsman before this matter revolves another circle and another solicitor cannot or is not prepared tp take on this case or can you advise another course to take?
Expert:  Jamie-Law replied 10 months ago.

In reality any other Solicitor is going to want to see what correspondence has taken place.

Good luck and I wish you all the best. Remember go to the Ombudsman

Does that clarify?

Expert:  Jamie-Law replied 10 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

Customer: replied 10 months ago.
Sorry I didn't come back to straight away Jamie but I was very pleased with your advice and rate you as 5. My excuse is I have a new MAC computer and I'm used to Mictosoft and everthing seems to be back to front! Anyway to the case in question. The original and first solicitor emailed all his correspondence to me and the company Slater & Gordon are taking the case on and are supplied with past correspondence and photographs of the offending drain I tripped over. Once again thank you for your advice and award you a high score. Regards ***** *****
Expert:  Jamie-Law replied 10 months ago.

Thanks. If you can actually click 5 stars that would be great!

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