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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9604
Experience:  I have been practising for 30 years.
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I would like to complain about my ex partners solicitor not

Customer Question

I would like to complain about my ex partners solicitor not mine ! How do I do this as I am not their client they will not accept my complaint
Submitted: 3 months ago.
Category: Law
Expert:  Alex J. replied 3 months ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. You can make a complaint to the Legal Ombudsman http://www.legalombudsman.org.uk/

Kind regards AJ

Customer: replied 3 months ago.
How can I,as I have not received a response back and I am not their client?
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. The ombudsman is their to ensure that solicitors do not provide a poor service - if your complaint is strictly a conduct issue then you can take your complaint to the SRA https://www.sra.org.uk/consumers/problems/report-solicitor.page

Expert:  Clare replied 3 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

The key here is knowing what you complaint is - could you tell us a little more

Customer: replied 3 months ago.
I had deposited a sum of money into my ex partners Solicitors firms account. I had a solicitor representing me who had the funds held to order! My ex partner was a coercive man and I emailed his firm to say I was happy for the funds to be released but surely as they knew I had a solicitor they should have gone through my solicitor not through me?
Expert:  F E Smith replied 3 months ago.

Unless the conduct of the solicitor that you are complaining about is conduct which is likely to bring the profession into disrepute, I’m afraid that your complaint may fall onto deaf ears. If you have found the other solicitor to be aggressive and forceful and slow replying to correspondence, they may just be doing that as a tactic.

It would be totally different if this was your solicitor that you were complaining about but the general view of the regulator, when the other side complains about a solicitor is that they are just aggrieved that the other solicitor has been more aggressive and forceful and effective than their own.

Whether the complaint would bear fruit therefore would depend on exactly why the complaint was being made. I have been involved with several complaints made against solicitors when the complainant was not their own client the client of their opponent and none of the complaints went any further than the regulator simply writing to the solicitor being complained of and also writing to the complainant in similar terms. None of the complaints went further than that initial letter.

I think you probably do have some grounds for a complaint here if they are holding funds to your order and they accepted the word of your ex rather than your own solicitor or you.

Whilst, from your version of events, they shouldn’t have done that, the complaint will be more substantial (rather than a simple slap on the wrist, “don’t do it again”) if it’s caused any problems. You do not mention if it has caused any.

Can I clarify anything else for you?

Customer: replied 3 months ago.
Ok thank you I still would like to put my view across so that it is made apparent how this solicitor is conducting herself and also because it was a large sum of money,£140,000. If I had of waited to release the funds and it had gone through my solicitor then all relevant paperwork would have been signed and I would have been legally covered ! Who do I complain to, please?
Expert:  F E Smith replied 3 months ago.

You complain to the Solicitors Regulation Authority about his conduct and the Legal Ombudsman if it is with regard to anything on a particular case. If in doubt, complained to both about everything. let them sort it all out.

Can I clarify anything else for you?