QLD Termination of legal relationship with my solicitor

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Xena The Warrior Princess

Well-Known Member
3 June 2018
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1
294
Hi all,
I recently ended the legal relationship with my solicitor, who then tried to communicate with me by calling and emailing. I was clear in my email stating that I wish to have no further legal representation with their firm and that I would like to have my file and an invoice sent to be reviewed. This firm dragged my case for so long, and I finally decided that I have no longer patients, so I ended it.
I received an email with a significantly small figure for their invoice (mind you, they had cost me so much in 3 years even when they made mistakes by sending me someone else's documents and the things I did for them).
Every time I tried to talk to my solicitor, I received an angry response and refusal to talk to me after 5 pm. However, I received multiple phone calls and an email last night asking me what went wrong. I received an email again today, stating that they will send all my details to my ex to contact me directly (They know that my ex has a DVO against him and that he cannot contact me,) but even though I stated clearly that I do not want them to take any further legal action on my behalf, they are still saying they will be calling my ex and letting him know all my details.
I believe this is the standard procedure they sent me that email asking me what went wrong, even though I was so clear in my statements that I wish they take no further action on my behalf and that I want my file, as I am entitled to have it to seek counsel somewhere else. They said they would send my file in USB format 7 days after I pay my invoice.
My question here is: Do I have rights to my file, as some things I requested (such as all the documents from the sale of the property from the trusty, file notes of conversations they had with my ex, even though I requested to have all the dealings with him in writing, which they refused) are missing? Is it a standard procedure to still act on clients behalf even if they were instructed not to? Does it really take that long (after 7days), even after paying the invoice, to have my file delivered?
Does anyone have any suggestions on how to act with this legal firm? I am not engaging with them, as I was so clear. I want to stay polite, but in the end, I will have to report all of their wrongdoing to the law society, as someone should really know how they deal with someone's confidentiality, client-solicitor communications and the above-mentioned concerns.
Any suggestion, advice are much appreciated
 

Docupedia

Well-Known Member
7 October 2020
308
38
719
Cool your jets a minute, and consider the situation fully.
- There will be aspects of the file you are entitled to. Not every document on a file belongs to the client, such as internal memos and workings.
- Regarding the property transfer: (a) if it is a different file then you may not have actually requested it, and/or (b) there are some documents the solicitor must retain which do not belong to you - such as the transfer duty records (which the solicitor actually holds for the Office of State Revenue).
- They’re not acting on your behalf from the sounds of it. They do have to tell your ex that they’re no longer acting on your behalf. Normally that would also involve informing him of how to contact you to further the court action. I don’t know how that works with the DVO in place. However, it would be an abuse of process not to allow for a method for your ex to be able to properly serve documents or correspond in the case.
- 7 days to get you the file doesn’t seem too unrealistic, unless there is some matter of urgency. The file will need to be collated, checked by the solicitor, transferred into digital format for whatever is in paper, and delivered.
 

Xena The Warrior Princess

Well-Known Member
3 June 2018
94
1
294
Hmmm, I never mentioned any property transfer, and believe me, I am a cool and very patient person; it is my profession, after all. Anyhow, I am aware of what it takes to get the whole thing transferred into digital format, and I am also aware that further bullying and demanding payment before releasing my file for further counsel is not negotiable. If you refer to the sold property, I don't need title and the rest of it, just the figure of how I was charged by the appointed trusty for sale, as something is just not adding up. And I asked for those documents 12 months ago, and guess what? I was promised to get it, and I never got it.
No, they are not professional people. I would not recommend them to my worst enemy.
They really never acted on my behalf. If I disagree with them and give them clear instruction, I get yelled at and, when I finally assertively tell them to stop, my solicitor starts crying and carrying on like an injured puppy. She also never returned any emails or phone calls to the bank, as they Bcc me into every email they sent requesting some documents from her. It took nearly 3 months to get my home remortgaged just because she refused to do her part of the job. All these things cost ME, and I stayed calm and reserved. I really don't need any more drama; I want to move on and live my life in peace.
They are no more court proceedings in place, it is just some of the items that my ex never picked up, and I have arranged multiple times and paid numerous fees in storing them. However, he has chosen not to follow through the whole time, as he knew it is costing me and not him as he is self-represented. I'm afraid I disagree that someone can freely give my details to contact me directly (which he already knows, and they are not changed) to a person knowing that he has DVO against him. Also, the same secretary was playing a "match maker" and "was giving a promisses" that she will convince me to revoke the DVO and charges in place. I made clear to her that I will never have anything to do with him and stop promising things that will not happen. I cannot understand the liberty they gave themselves through the whole process.

I hope this is a lot clearer! Looking forward to your response and others if they want to comment or ask anything.
 

Docupedia

Well-Known Member
7 October 2020
308
38
719
It appears there isn’t much more I can add to assist you, except to say that solicitors are permitted to exercise a lien over the file pending payment of outstanding costs.
 

Docupedia

Well-Known Member
7 October 2020
308
38
719
If the calls are relevant to the matter (except trying to get you to 'come back to them'), or to pass on information that may have come to them, sure.

If not, tell them politely to refrain from contacting you unless it is relevant to the matter or to pass on information.
 

Xena The Warrior Princess

Well-Known Member
3 June 2018
94
1
294
I just received the email that they are no longer representing me, and as my ex has a DVO, they cannot provide him with my contact details. They should have done this way before calling me again today. I have no time for small chit chats or convincing chats, either. I will get my file and seek the option of reporting this firm to the law society. This has been a roller coaster ride at my own expense. I would never recommend them to anyone, as they are no worth of stress and money that you pay them.

Thanks for your comments. It is much appreciated.
 

GlassHalfFull

Well-Known Member
28 August 2018
483
45
714
Unless the specific orders of the DVO state that he cannot even communicate with you even via lawyers, I don't see why they can't provide him with your contact details so that HIS lawyer (if he has one, or chooses to engage one) can communicate with you.
 

GlassHalfFull

Well-Known Member
28 August 2018
483
45
714
So you're saying they can't "because they can't". Rather circular argument isn't it? Thanks for your solid reasoning there. Maybe you should have been a lawyer. ;)