How To Get Info From Solicitor?

How To Get Info From Solicitor?

Postby MikeThomas » Sat Aug 03, 2013 1:05 pm

A friend of mine has a wee bit of a problem with his solicitors. Two years ago his wife was done in Crown Court for “Failing to disclose in the appropriate manner” by the DWP. It was a full Jury job but one thing puzzled me.
In the prelim stage (i.e. Before the trail started proper) the defence & prosecuting barristers were asked by the Judge about the outstanding monies that the DWP said were owed to them. They both stated that they had agreed that the money was not an issue and they would not be seeking recovery. This astounded myself and the Judge but the case proceeded.

Anyway she lost the case and now, two years later, the DWP are demanding the money back! So my mate has tried to get hold of the Court transcript but there seems to be no record of the case! No Judgement seems to be entered and even the Probation Service can not find it. So my mate, being ever diligent, contacted the solicitor who organised the barrister nearly four months ago and only yesterday did they manage to find their case file.

Willing to pay for a copy and making arrangements to do so he was told at the last minute that the file had been sitting in the senior solicitor’s desk for two years and that they were told in no uncertain terms that he could not have a copy and that he was literally banned from their office.

So…….. the question is: What can he do about it?
We are the people our parents told us NOT TO PLAY WITH
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Re: How To Get Info From Solicitor?

Postby pitano1 » Sat Aug 03, 2013 1:38 pm

hi mike
had a quick search,and came up with this.

Send a letter to the solicitor, with the subject heading 'Subject Access Request' Put a £10 cheque with it. The solicitor has 40 days to hand over a copy of everything he has in your file - it doesnt matter if it is electronic or paper. He is breaking the 1998 Data Protection Act, if he fails to provide the information
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Actually your client file is your property - the solicitor can only hang onto it whilst you owe him money for work carried out. If the new solicitor hasn't charged you or done any work for you so far, you have every right to ask for it to eb given to you immediately. If he refuses, contact The Law Society.
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
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Re: How To Get Info From Solicitor?

Postby MikeThomas » Sat Aug 03, 2013 2:56 pm

Thanks for that Chris. it was my original plan but I was fishing for an 'alternative', just in case the slimey buggers try to wriggle out of it!
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Re: How To Get Info From Solicitor?

Postby pitano1 » Sun Aug 04, 2013 4:46 pm

If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
ALL UNALIENABLE RIGHTS RESERVED -AB INITIO - Without Recourse - Non-Assumpsit
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