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Buachaill, Barrister
Category: Law
Satisfied Customers: 11402
Experience:  Barrister 17 years experience
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I have just discovered that a letter was sent on 24th May

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I have just discovered that a letter was sent on 24th May 2018 by my wife's divorce solicitor to my solicitor, yet I have had no communication from my solicitor. This is the second time my solicitor has 'lost' a letter. Is this negligence? Should I change solicitors?
Assistant: Where are you? It matters because laws vary by location.
Customer: I live in France now, my wife lives in Oldham UK. We own 2 properties jointly in UK and 1 in France
Assistant: What steps have you taken so far?
Customer: My wife petitioned for divorce about 3 years ago but then delayed until now, due a 'recurrence of cancer'
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The delay to which I refer, ran from April 2017 until now. I probably need to re-familiarise myself with correspondence etc before connecting with your solicitor. Can this conversation be put on hold for a day or two and then resumed?

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. The first thing I would advice you to do is to change solicitors here, as this solicitor is not conducting themselves in a 'normal' manner as their behaviour is careless and negligent. There is no point in paying for a solicitor to lose your correspondence. You are better off start afresh with a solicitor who can perform the most basic of tasks expected of a solicitor.

2. Be aware that you can sue this solicitor for negligence. However, damages will not be large as it is difficult to place a monetary value on the losing of a letter, especially, when the solicitor can write back and request a fresh copy of the letter lost from the solicitor for your wife.

3. However, just be aware that matters tend to get worse the further into the relationship with a negligent solicitor you get. So, change before something really bad happens.

4. There is no difficulty in resuming this communication the next time you are back at your computer.

5. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website despite answering your question.

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