How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
Type Your Law Question Here...
Alice H is online now

We signed a CFA with a former solicitor/paralegal to bring

This answer was rated:

We signed a CFA with a former solicitor/paralegal to bring a claim against our bank, which admitted closing our business account in error. He advised we had a good claim for Negligence & Breach of Contract, that it would be a 'small claim' - under £10k, so only court fees, did all legal work, refused offers, advised against ADR, etc. but the District Judge refused to hear him & told him he'd been warned before & knew why. He said, he'd been "bombarded" with material much of which he hadn't read & didn't intend to. We had to represent ourselves. He tol u our paralegal was "out of date with the law", that a claim had to be allocated a small claim, we should have taken ADR or one of the offers. Costs of £5500 were split between us and the co. We wrongly wrote closed letter to paralegal very critical of him. He's sent email to say he's taking action against us for breach of contract. He doesn't mention our letter of course. Can we, as authors of the letter, 'open' it retrospectively or send an open copy to show his email is a response to it?
My name is ***** ***** I am happy to help you today. If I understand the position, you lost your claim and have been awarded costs as a result of this paralegal's negligence? Have you complained formally to the Solicitors Regulation Authority or Legal Ombudsman? What exactly do you mean by 'closed letter'?
Customer: replied 2 years ago.
Sorry, Alice, I meant a letter headed 'without prejudice'. I haven't done anything other than write a letter specifying our (my husband's and my) complaints about his negligence. I understand he was struck off but for what he terms a "technical" matter so am not sure the SRA would be able to help. Meanwhile, he has emailed us to enclose order for costs (we have already paid our half of the costs; the claimant company has not income but the District Judge nonetheless shared the costs between us and it. He also say he is making a claim against us for "Breach of Contract". We have no idea why except maybe to muddy the waters.
OK. I don't think you should hold back here - this person appears to have let you down terribly and the fact that he has been"struck off" is indicative of his character. The SRA does not taking disciplinary action lightly so striking this person off must have been the result of some serious breach of the Solicitors Code of Conduct. You must not allow him to intimidate you with threats of breach of contract - he does not appear to have advised you properly nor does he seem to have advised you about thr risk of costs. All in all the service that you received appears to have been very poor and you must not hesitate in taking this further and complaining aganisst somebody who has let you down so terribly. I suggest that you send a letter in strong terms Outlinin your position - I am happy to look over it for you for a small fee - and in that letter you should state expressly what your complaint is and what you seek from him. If his response is unsatisfactory you should take the matter to the Legal Ombudsman who can take the matter further on your behalf - the service is free of charge. Furthermore, I presume this person was insured at the time, so you should be able to claim for the losses you incurred against his indemnity insurer.
Alice H and other Law Specialists are ready to help you
Thank you for sending me your number but the digits appear to be incorrect. Please send me the correct number in the 'private info' box so we can call you.
Customer: replied 2 years ago.
To be absolutely clear, we are now £2500 poorer because of the paralegals negligent representation. We have not taken any action against him yet - the claim against the bank was heard and lost on the 11th November 2015 and we paid costs to the Defendant's solicitor in early December - but intended to make a claim against him and made it clear in the letter we wrote to him that we would take matters further if no kind of
Customer: replied 2 years ago.
have sent no. 3 times - 01900 336269