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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14740
Experience:  30 years as a practising solicitor.
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I was in the process of a divorce, my husband threw in the

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Hi. I was in the process of a divorce, my husband threw in the towel. After paying legal fees of ever £12,000 and on the advice of my lawyer, I opted to take out an inhibition on my husband to ensure he paid me my £7500 court award and at a later date when I had saved up more money, take up divorce action to ensure my equal share of property my husband bought inside our marriage and with marital money. However, my lawyers failed to advise me the inhibition was time sensitive and my husband managed to sell the property and abscond to France and buy a property over there. I complained to the SLCC, but they have acknowledged neglect and breach of legal ethic and awarded me £3000 for the upset it has caused me. They have said I didn't give them any new information to tally the profit my husband made from selling the property from march this year, yet I gave them new information relating to this as I had never been asked this question before. I asked why this was, as the inhibition was placed on my husband, the property was a tangible asset used to force him to be fair. What can I do as I will not be accepting the offer?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No not yet, I only received this offer 3 days ago.
JA: Have you talked to a lawyer about this yet?
Customer: No not yet. I am very wary at present of lawyers...sorry
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Only that this has been going on for over 3 years!

I am a solicitor in Scotland. What specifically have your former solicitors admitted?

Customer: replied 12 days ago.
Thank you for your response. They SLCC and the determination committee agreed that with proof of emails and phone calls and previous evidence they requested, that the (firm)lawyers/solicitors office was found upon and had failed me. On 4 separate occasions they stated 1) there is evidence of inadequate professional service. 2) There is evidence of a breach of the service standards. 3)There is breach of inadequate professional service. 4)There is evidence of inadequate professional service. I received the letter from the Determination Committee and noticed that the(firm) also had divulged detailed information to the SLCC of the contents of a signed 4 walls privacy clause meeting I had with the (firm) on the prompt by the SLCC to resolve the issue before involving the SLCC. This is also unacceptable.

These determinations relate to inadequate professional service for which the SLCC can order some compensation. However to get back your whole losses you would need to intimate a claim for negligence against the firm. This would not be dealt with by the SLCC but is dealt with by the professional negligence insurers. In Scotland the brokers for all solicitors insurance is dealt with by Lockton Companies LLP, 22 Rutland Street, Edinburgh, EH1 2AN. In the first instance a claim for negligence should be intimated to the firm concerned. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 2 days ago.
Thank you for your response.
In the understanding of this section ( a claim for negligence should be intimated to the firm ) may I ask what I actually do? Do I call them and to inform them of my intention to make a claim? Do they forward me an insurance claim form? Or do I inform them of my intentions and contact their insurance firm mentioned above?
Also what do I do in relation to the money the SLCC have awarded me as I intend to appeal their decision? Do I still make an appeal and can I still make a claim to their insurance?
Kind regards
P.B.McFadyen
Customer: replied 2 days ago.
After years of dealing with lawyers and many certain unknowns, this man has answered and directed me in the space of 1 week. An honest response was needed. His knowledge and guidance on how to deal with my situation has not only relieved my anxiety, but has stopped me from heading towards another mental breakdown. Those who have experienced the same things I am presently going through will understand that when someone steps forward and actually helps ME, it's emotional x

Yes, a claim for inadequate professional service to the SLCC is different from a claim for negligence. If you are refusing the SLCC award and appealing it, then you follow the SLCC procedure that they will have provided you with. Remember that an SLCC award is not intended to fully compensate you for actual losses. It is compensation for inconvenience and distress. The negligence claim is for compensation for losses. You intimate a written claim against the firm for the full £7500 plus interest at 8% form the date your loss occurred.