Does a solicitor have to give you your file?

Asked by: Velma Wisozk  |  Last update: February 19, 2022
Score: 4.2/5 (51 votes)

The Court of Appeals held that there was “no principled basis upon which exclusive property rights to an attorney's work product in a client's file spring into being” when the attorney-client relationship ends. ... If you terminate your lawyer, you must insist that he/she give you access to your entire file.

Can I request my file from my solicitor?

There is no benefit in these documents to the client; the client has had the benefit of the oral advice which was the subject of the notes, and has received the original letters. Therefore, a solicitor can decline any request for a 'file' of documents and only provide those which the client is actually entitled to.

Can a solicitor withhold information?

The general rule is that a solicitor must keep the affairs of their client confidential unless disclosure is required or permitted by law or the client consents. ... However, simply because a person is a client does not mean that information gained by you that does not relate to a retainer is confidential.

Can solicitors charge for copying a file?

A word of warning, it is legitimate for solicitors to charge the other side for providing copies of documents. If your solicitor is charged copying by the other side they are entitled to pass the cost on to you (as long as it was not replacements for pages they lost or spilt coffee over).

What documents belong to the client?

Documents generally belong to the client in the following circumstances: The document existed before the client employed the lawyer and the client sent the document to the lawyer. The lawyer prepared the document for the benefit of the client.

What Is a Solicitor's Lien and Why Your File Can Be Retained Until Payment of Fees

17 related questions found

How long should a solicitor keep my file?

The Limitation Act 1980 (Section 2(j)) states that the primary limitation period is six years in which an action in tort can be brought. As a result many solicitors view the minimum period that any file should be kept for as six years, as most claims are made within this period.

Is a solicitor an agent of his client?

The Law Society splits documents into two categories: 1) where the solicitor is acting as a professional advisor and 2) where the solicitor is an agent of the client. Based on the usual agency principles, the latter documents will normally belong to the client and they will therefore be entitled to them.

What can you do if you are not happy with your solicitor?

If you have complained to your solicitor about poor service and you are not satisfied with their response, you can contact the Legal Ombudsman. The Legal Ombudsman deals with poor service, such as: delayed or unclear communication. problems with your bill.

How do you get a solicitor off your record?

The solicitor himself may come off record. He must apply for a court order to permit him to do so. The court will exercise discretion in the matter. The solicitor makes the application giving notice to the client and the other parties.

When can solicitors destroy files UK?

Many solicitors view the minimum period that any file should be kept for as six years, the primary limitation period under the Limitation Act 1980. Most claims are made within this period.

Can a solicitor lie in court?

Solicitors will lie on behalf of their clients.

Solicitors will not lie on behalf of their clients. To do so would be professional misconduct. ... I have to explain to those clients that a solicitor is an Officer of the Court and as such is not permitted to mislead the court either deliberately or by omission.

Are conversations with solicitors confidential?

The basic rule is that a solicitor must keep the happenings of their clients confidential unless disclosure is expected or authorised by law, or the client consents to it. In this context, consent should be informed, i.e. the client should understand the nature of their approval.

Do I tell my solicitor the truth?

If you decide to instruct a solicitor in relation to a certain matter you will have to tell your solicitor all the facts about your case. According to Solicitors' Code of Conduct your solicitor will be bound by a duty of confidentiality and he should therefore not make any unnecessary disclosures about your case.

How do solicitors send documents?

Exchanging contracts

Your solicitor will exchange contracts for you, which is usually done by both solicitors/conveyancers reading out the contracts over the phone (which is recorded) to make sure the contracts are identical, and then immediately sending them to one another in the post.

Can you sack your solicitor?

A client is entitled to sack their solicitor at any time ending legal representation without giving any reason. The solicitor is then normally entitled to retain the file until their costs are paid (known as a "lien").

Do solicitors charge for phone calls UK?

A solicitor will charge you for everything they do which is related to your case. This will include: speaking to you on the phone.

Can I change my solicitors during a personal injury claim?

You may be able to change solicitors during a personal injury claim if your current solicitors aren't giving you the support and expertise you need. ... If you're concerned about the service you're getting from your current solicitors, it might be time to get a second opinion or switch to another firm.

What is a Notice of ceasing to act?

The general rule in litigation is that Solicitors are entitled to cease acting for a client (quit) in legal proceedings if the client does not pay or provide timely instructions. ... Usually this will entail the Solicitor filing and serving a notice on all relevant parties called a “Notice of Ceasing to Act”.

How do I know if a solicitors letter is real?

A genuine solicitor will give you their SRA roll number (known as the SRA ID number) on request. This number should also appear on their letterheads and notepaper. If you have any doubts, contact the firm for a face-to-face interview – if it refuses or stalls, be suspicious.

What is the complaints procedure against solicitors?

Most of the time, complaints about solicitors are about poor service, and therefore should be sent to the Legal Ombudsman. If the Legal Ombudsman thinks your case involves a breach of our Principles, they will refer your case to us.

Who do you report a solicitor to?

The Law Society sets down rules and regulations about how solicitors may conduct their business. Since 7 October 2019, if you have a complaint in relation to inadequate services, excessive costs or alleged misconduct against solicitors, you can make a complaint to the Legal Services Regulatory Authority (LSRA).

Do solicitors have to respond?

No, a solicitor's letter has no force of law. You can choose to reply or ignore it at your own peril. Only you can evaluate whether or not it is advisable to reply or not. If it is about a serious matter, it would be advisable to seek legal counsel to guide your course of conduct.

Can a solicitor execute a contract on behalf of a client?

Execution of documents: can a solicitor execute a deed on behalf of a client? ... The deed in this instance is a stand still agreement. The agreement contains a representation clause that authorises the solicitors for each party to execute the deed on behalf of their respective clients.

What is an associate solicitor salary?

The average salary for a Associate Solicitor is £24,663 in London, UK. Salaries estimates are based on 398 salaries submitted anonymously to Glassdoor by Associate Solicitor employees in London, UK.

What is a solicitor vs lawyer?

Lawyer: an individual with a law practise certificate. This involves Solicitors, Barristers, Judges, and Corporate Counsels. Solicitor: a person with a certificate of practise that is not a Barrister or a Judge.