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Legal Eagle
Legal Eagle, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 338
Experience:  Solicitor
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What was the Law society's opinion on a solicitor acting for

Customer Question

What was the Law society's opinion on a solicitor acting for a bank and a client at the same time in relation to a mortgage in 2007?
JA: Because real estate law varies from place to place, can you tell me where this is?
Customer: Ireland
JA: Has anything been filed or reported?
Customer: No . The question is was this permitted at the time.
JA: Anything else you want the Expert to know before I connect you?
Customer: No . Thank you.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Legal Eagle replied 2 years ago.

This would be a conflict of interest. Are you in a position where your solicitor acted for both you and the bank?

Customer: replied 2 years ago.
in 2007 my solicitor acted for me and Ulster bank at the same time.
Another issue is that he will not return my files . This is going on for 4 years . There is no fees due to him. He has demanded 1476 E for retrieval of said files. My new solicitor has a legal undertaking put in place for this fee to be released when the files are produced and not one document has turned up. Please advise.
Expert:  Legal Eagle replied 2 years ago.

Have you made a complaint to the Law Society?

Customer: replied 2 years ago.
Not Yet . Fully intend to, but it is my opinion he will not hand over the files for anyone as the contents of the files will incriminate himself . This is the tip of the iceberg in relation to this solicitor.
Expert:  Legal Eagle replied 2 years ago.

In which case you should IMMEDIATELY make a complaint to the Law Society. You could threaten this before making a complaint to see if he will release the file. Do you still owe fees on this file? Is the €1,476 fees or just a retrieval fee?

Customer: replied 2 years ago.
I have threatened this several times . I have proof zero fees owing and the fee he is demanding is a so called scrivenery fee . "on receipt of the fee we will take the necessary time to copy the files and return the originals to you" from the letter he sent. Can they enforce the hand over of my files?
Expert:  Legal Eagle replied 2 years ago.

This seems to be an unreasonable amount for a scrivenery fee. I would proceed straight to complaint. The Law Society does have fairly wide reaching powers in this regard, particularly in circumstances where you have discharged your professional fees in full.

Customer: replied 2 years ago.
I took out three mortgages out in 2007 . He acted for UB and me . I have proof that he did not separate the properties into separate folios must have given a cert for clear title when it was clear he failed to do so ,got paid in full , the result was my homewhich had nothing to do with the development next door which was on the same folio as the properties described got sold across in a loan sale involving a third party. This is just the beginning...
Customer: replied 2 years ago.
Now you can understand why I cannot get my files..
Customer: replied 2 years ago.
In making a case against this solicitor with the law society should I make a claims list or concentrate on just getting my files back in order to see the extent of the mess he has created ?
Expert:  Legal Eagle replied 2 years ago.

Concentrate on getting your files back so that you can get proper advice on the claim. This is something that is worth giving straight over to a solicitor to handle and get the case moving for you. It sounds horrendous, you have my sympathies!

Expert:  Legal Eagle replied 2 years ago.

Please would you be so kind as to rate my response?

Expert:  Legal Eagle replied 2 years ago.

Please would you be so kind as to rate my response?