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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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Selling my home, my solicitor has made contact with another

Customer Question

Selling my home, my solicitor has made contact with another firm who hold the deeds of my house who have said said that the person who handled the discharge for my house has since left their practice and as they cannot find the deeds of my home can only assume that he has taken them with him and to check with another two law practice's he has has since been emloyed with. Surely this is not right. Scottish law.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

It is not uncommon in certain situations for a solicitor to take client files with him if he moves firm, particularly if the solicitor is a partner in the business. However, it is good practice for that solicitor to write to all the clients and have them sign a mandate authorising him to remove the file from the previous firm even if if the previous firm has agreed that the file can be taken. This is good practice; it doesn't mean that your original solicitor has acted wrongly. Indeed by taking your deeds with him, he clearly felt that you were the type of clients that he wanted to keep in his practice.

Sometimes it is easier for the new solicitor to get the title from the Registers of Scotland rather than chasing the paper copies around the country.

I hope this helps. Please leave a positive response so that I am credited for my time.