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Posted By Lee Ainsworth
I'm looking for some advice on how to deal with solicitors who deal in "no win no fees".
A colleague has a claim going for vibration white finger.
This was started about 18 months ago and confirmed by tests and medical reports there was a case to be answered. The solicitor at the time explained that it would all be over and done with in a matter of months. Consequently the solicitor decided he was going to kill his wife and do a long stretch at Her Majesty's Pleasure.
12 months later my colleague is being passed from one solicitor to another without any of them having a commitment to the case.
The employer who he is trying to claim off now says they have no recollection of his employment with them even though the tax office has confirmed his employment.
The solicitor on the case has now asked my colleague to start getting in touch with people he worked with about 15yrs ago to prove he worked for the company.
My thinking is that this kind of request is unreasonable and work like that should be conducted by the solicitor. I believe that they are trying to create a situation where my colleague throws in the towel and walks away from it.
If this was to happen would he be liable to fees from the solicitor even though he's not signed any kind of agreement or contract with them.
Your thoughts or opinions on this matter would be greatly apprecited.
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Rank: Guest
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Posted By Mark Large
He could try focusing their minds by informing them in writing that he isn't happy with the service they have provided and would like to know the address of the legal ombudsman.
Its easy enough to find out the address yourself but by asking them for it you may see a sudden desire to pull out all the stops for you.
This is the url for legal ombudsman's website.
http://www.olso.org/
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Rank: Guest
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Posted By Chris Robinson
as your colleague probably lives in South Yorkshire there a number of specialist solicitors for VWF in Sheffield or Doncaster (eg Beresfords) or I would suggest a Trade Union solicitor such as Thompsons. he may also have a claim for professional negligence against his original firm of solicitors
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Rank: Guest
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Posted By Arran Linton - Smith
Interesting.
First of all you cannot take this matter up with the Legal Ombudsman with out the matter being investigated by the Office for the Supervision of Solicitor and that cannot be undertaken without the original firm of solicitors having the opportunity to investigate the complaint. However to undertake the above process fully, is likely to be greater than the outstanding period of laches. Presumably if original firm of Solicitors wish to retain their lieon on the file, this could still be passed on with the file to a new firm of solicitors. Your friend would need to seek additional advice from the OSS on this matter.
I do not think that the request for your friend to get in touch with people he worked with about 15yrs ago is unreasonable, particularly as a plaintiff is required to discharge this burden of proof. Presumably this is so that he can prove that he was undertaking the type of work which caused the vibration white finger.
Because the issue of EL insurance is becoming more sensitive to employers, there may well be an employer culture developing which is less co-operative to assisting claims from past employees.
PS I apologise if I spelt some of the legal words incorrectly.
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