Contravention of Resolution

My ex's solicitors are contravening the Codes of Practice of Resolution. I read up on the 'rules' here:

http://www.lawsociety.org.uk/documents/downloads/dynamic/flpa ppendix2.pdf

Who do I complain to? I have already logged a complaint to the Law society; who told me to put it in writing; before adding that it up to a client to complain about their own soliciotr; and unusual for a Respondent to complain.

However; they continue to threaten, intimidate; and break several of the guidelines.

Any comments on how to prevent this?

Sera,

I seem to trecall that the Law Society insist that you raise the matter in writing to the senior Partner in the practice with which you have a complaint. Only when the senior partner has failed to resolve the matter will the Law Society attempt to get involved.

Mike

A complaint against someone else's solicitor has to be made to Solicitor's Regulation Authority and the only grounds for complaint are misconduct. From what was said in a previous post I don't think it applies in this case. See;-

http://www.legalcomplaints.org.uk/faqs.page#someoneelsesolici tor


The solicitor's code of conduct is here;-

http://www.sra.org.uk/solicitors/code-of-conduct.page

In the past two weeks; I have e-mailed my ex in an attempt to mediate away from the Courts. These e-mails always start "Dear ...." and remain helpful and polite.

Yet; because his greedy, law-breaking, bitches of solicitors: (yes, Harsh words, but they are like school bullies) deem any contact as "harrassment" they have threatened to send me to prison twice this week!!!!

I find any dealings with them (as an LiP) extremely and unnessecarilly aggressive. Their letters have become intimidating to me; I had to request in the Court waiting area that they were not to intimidate me... and I'm not going to prison because I'm trying to settle this amicably.

I HAVE DONE NOTHING WRONG BUT FALL IN LOVE, AND GET MARRIED TO A BIG CON MAN. THERE HAS GOT TO BE A LAW AGAINST THIS SORT OF PRACTICE!

Sera,

There is a less complicated and faster possibility for you to use.

If your xtb's solicitors are bullying you with regard to a court procedure, you could send a letter to the court with a copy of the offending letter and ask the court whether this is acceptable practice as you feel the procedure is not being complied with and that you are being put under duress; this letter to the court should be copied to the xtb's solicitors as well (as should anything you send to the court).

If however the bullying you describe does not involve any court procedures then you need to take it up with the solicitors' partner/director in charge of complaints first and then afterwards the SRA/Law Society.

Good luck!

YA

Umm.. One of the problems for LIPs is knowing how to go about things in the right way. I don't think you write to the solicitor's complaints officer first or the Legal Complaints Service when there is a complaint against *someone else's sol*, you write directly to the Solicitors Regulation Authority. In these circumstances the only ground for complaint is misconduct but there is no rule against aggressive representation.

Whilst a solicitor has a duty not to mislead a litigant in person, not engaging in alternative dispute resolution doesn't constitute misconduct and it isn't the solicitors job (so they will argue) to enter into lengthy and/or irrelevant correspondence incurring disproportionate costs for their client. However, somewhere the Civil Proceeding Rules regarding hearings say representatives for other parties must treat LIPs with consideration so writing to the Judge about being intimidated at Court might be an idea.

Hi Fiona,

You say that the right way to complain about someone else's solicior is to take it direct to the SRA.

You know far more than I do about correct procedures, but it seems to me that there is an advantage in complaining first to the solicitor's employer.

It is less likely to put their back up and more likely to bring quicker results. Of course, the solicitors may ignore such a complaint, in which case the second stage of taking the matter to the SRA will include a complaint about that too!

The above presupposes that the nature of the complaint is one of misconduct as descibed on the link you give.

I should imagine a solicitor using his or her position to gain advantage over a litigant-in-person to be bullying, but then what do I know of what passes for ordinary, wholesome and professional 'aggressive representation'?

YA