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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12379
Experience:  30 years as a practising solicitor.
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I have a question in regards of medical negligence within

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Good morning. I have a question in regards ***** ***** negligence within Scottish Law. My solicitor withdraw my case from the court on the ground of my changed circumstances. I got operated, but I still stayed disabled. The solicitor said I need to provide more medical reports after my operation. I did provide them all. The solicitor has not submitted my case in court up to now. Initially he promised to do so during 2 years. In August 2017 he said me that he did submit the papers back in court. I asked a copy of court papers. Since then my solicitors has not been replying my phone calls and emails. I received legal aid and at the same time my solicitor sent me an agreement "no win no fee" to sign. I signed it because I did not know what is right to do. Though I still cannot comprehend it. Can someone have legal aid and "no win no fee" agreement for the same case at the same solicitor? Also I am interested if I can find out how much legal aid I was given and how it was spent by my solicitor? Can I change a solicitor because he does not do anything for me? I want to have legal aid for my case further.Thank you very much for your assistance.
Customer: replied 9 months ago.
While my solicitor withdrew my papers from the court, he said it was temporary. Only until I could provide more medical reports about my condition. I was 5 years on hemodialysis due to medical negligence. Before the treatment occurred my kidneys were healthy. 5 years later my Mum donated me a kidney. That was a reason to withdraw my case from the court as my solicitor advised me. I am wondering whether by withdrawing the claim from court in 2012, when I had the transplant, the solicitor was following correct procedure or not? If he does not submit my claim back in court, can I change him into another solicitor while I want to claim legal aid again? Thank you again for your assistance.

Thank you for your question. If you were granted legal aid it would have been a breach of the legal aid regulations for your solicitor to also sign you up to a no win no fee agreement. Further it would be wrong to put an action into court and then withdraw it pending further medical reports. What should happen if anything is that the case is sisted. What that means is that it is left in the court but taken off the court rolls and all procedure is suspended whilst something outside the court takes place, such as getting medical reports or applying for legal aid. Is that what may have happened here? If you are unhappy with the way your solicitor is dealing with this you should see another solicitor immediately. Take the correspondence you have from your solicitor and from the legal aid board and an application can be made to transfer your legal aid from one solicitor to another. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 9 months ago.
Thank you so much for your reply. My solicitor has not sent me any letter saying what and why happened when my case was withdrawn. He advised me about this on the phone.

In that case, go to another solicitor and ask for your case to be taken over. The new solicitor will get you to sign a mandate instructing the first solicitor to send the file to him.

JGM and 2 other Scots Law Specialists are ready to help you

Here is the link I mentioned:

Customer: replied 9 months ago.
Thank you very much. Though I am a bit worried that the solicitor still keeps the "no win no fee" agreement. But maybe it should be the least of my worries under the circumstances. Get well soon.
Customer: replied 9 months ago.
May I ask you to help me to write a letter to the please? I will pay your fees for that. I just need help for writing that in the professional way.

This is the link to the form you have to complete. When you come to the section about your complaint all you have to say is that you have called and emailed your solicitor repeatedly about your case and he is not responding to you. Because of that you are concerned about what is happening with your case. You are no longer sure if the solicitor has the case with the court or whether the case has been taken out of the court. Your compliant is that the solicitor is providing an inadequate professional service.

Customer: replied 9 months ago.
Thank you very much again. Yes, I've seen that already on the above mentioned website.