Surge in 'DIY' justice sparks guidelines for lawyers

[Ganymede]

Criminal judge 'advised' me to get legal representation or at least legal advice. I complained to the court about giving such legal advice as they're not supposed to. Had the advice been good, I probably wouldn't have complained.

 

UK lawyers are the **** of the earth.

 

Haha.

[goodatresearch]

Like it. Short but to the point.

 

 

Haha.

[SuperVillain]

Any lawyers here actually dealt with an LiP? It can be frustrating to say the least.

 

I had one try and claim that I'd failed to prepare and serve a trial bundle. Half an hour of time wasted in correspondence trying to explain that he was mistaken as he was the Claimant and it was up to him to prepare the trial bundle.

 

Then on the morning of the trial at Court he alleges that I have broken data protection rules by disclosing documents with personal details on it and then threatens to report my (public authority) Client to the press... Time wasted by the barrister (and then the Judge) to explain that it was not a breach and that the documents we disclosed were privileged.

 

All for a claim of £300.00...

 

DIY justice... paid for by the represented parties...

[BankFodder]

Any lawyers here actually dealt with an LiP? It can be frustrating to say the least.

 

I had one try and claim that I'd failed to prepare and serve a trial bundle. Half an hour of time wasted in correspondence trying to explain that he was mistaken as he was the Claimant and it was up to him to prepare the trial bundle.

 

Then on the morning of the trial at Court he alleges that I have broken data protection rules by disclosing documents with personal details on it and then threatens to report my (public authority) Client to the press... Time wasted by the barrister (and then the Judge) to explain that it was not a breach and that the documents we disclosed were privileged.

 

All for a claim of £300.00...

 

DIY justice... paid for by the represented parties...

 

Of course the aim of the small claims system was always to discourage the use of lawyers. That tends to have failed because many companies - egged on by lawyers, no doubt, prefer to try and win at any cost even though the whole undertaking may not be a business-like solution.

 

The answer is for companies themselves to go in as LIPs and for their solicitors to advise them to so do - but of course solicitors prioritise their own business interests over the best interest of their own clients

[Ganymede]

Of course the aim of the small claims system was always to discourage the use of lawyers. That tends to have failed because many companies - egged on by lawyers, no doubt, prefer to try and win at any cost even though the whole undertaking may not be a business-like solution.

 

The answer is for companies themselves to go in as LIPs and for their solicitors to advise them to so do - but of course solicitors prioritise their own business interests over the best interest of their own clients

 

I couldn't disagree more. We are bound by the SRA codes of conduct and the number one duty that we can never break is to always act in the best interests of our client.

 

Advising a client to go it alone is in no way in their best interests.

[pmailkeey]

I couldn't disagree more. We are bound by the SRA codes of conduct and the number one duty that we can never break is to always act in the best interests of our client.

 

Advising a client to go it alone is in no way in their best interests.

 

Sorry to have to dig your head out of the sand but you're unbelievably so wrong. Bankfodder's message totally fits with my experience. In effect 5 cases in the last year and a bit. 4 with solicitors and barristers involved and one as a LiP. All the ones with legal representation went wrong - meaning involving the Criminal Cases Review Commission and the one where I was a defence LiP I got stopped before trial - by showing that the prosecution had no evidence.

 

My first 'proper' experience with a solicitor was in the case of a road traffic accident. It was not looking good when a friend advised me 'not to bother with solicitors, use small claims process' (Apparently they'd worked for a solicitor!). I took their advice and turned the solicitor's obtained offer of £1,250 into £2,200.

 

The solicitor then simply doubled his bill - which I didn't pay.

 

My second court case was against my solicitor in the first case as he was in the process of suing me. He withdrew his claim a week before the hearing.

 

On one of my visits to his office, I noticed a large poster on the wall advertising the insurance company I was claiming against in the first case. The solicitor hadn't bothered to declare a conflict of interest.

 

I reported him to the OSS.

Edited July 21, 2015 by pmailkeey
additional info

[tobyjugg2]

I couldn't disagree more. We are bound by the SRA codes of conduct and the number one duty that we can never break is to always act in the best interests of our client.

 

I couldn't disagree more.

 

Advising a client to go it alone is in no way in their best interests.

 

and there is a perfect example. How could you say that without knowing the circumstances.

That is solicitor self-interest talking, not client best interests.

[Ganymede]

I couldn't disagree more.

 

 

How can you disagree with a fact like that?

[Ganymede]

Sorry to have to dig your head out of the sand but you're unbelievably so wrong. Bankfodder's message totally fits with my experience. In effect 5 cases in the last year and a bit. 4 with solicitors and barristers involved and one as a LiP. All the ones with legal representation went wrong - meaning involving the Criminal Cases Review Commission and the one where I was a defence LiP I got stopped before trial - by showing that the prosecution had no evidence.

 

My first 'proper' experience with a solicitor was in the case of a road traffic accident. It was not looking good when a friend advised me 'not to bother with solicitors, use small claims process' (Apparently they'd worked for a solicitor!). I took their advice and turned the solicitor's obtained offer of £1,250 into £2,200.

 

The solicitor then simply doubled his bill - which I didn't pay.

 

My second court case was against my solicitor in the first case as he was in the process of suing me. He withdrew his claim a week before the hearing.

 

On one of my visits to his office, I noticed a large poster on the wall advertising the insurance company I was claiming against in the first case. The solicitor hadn't bothered to declare a conflict of interest.

 

I reported him to the OSS.

 

Half of that is not relevant to my point and is just you ranting about the legal profession.

[silverfox1961]

This thread was started to highlight the issues of LiPs, not for the thread to be taken off on wild tangents.

 

I would like you to think on this. Would you say what you are saying here, to a persons face or are you just doing so because you are anonymous.

 

Either way, if this thread strays any further off topic then I can see a split thread arising and other action taken.

 

You have been asked to keep it civil once. We will not be asking again.

[tobyjugg2]

How can you disagree with a fact like that?

 

Easy

I used common sense rather than a solicitor.

 

(PPI for example)

[pmailkeey]

Half of that is not relevant to my point and is just you ranting about the legal profession.

 

It is all relevant as it disproves your assumption that all solicitors are good. If you want to be good, you need to complain to the SRA that they are not good enough as they still allow appalling treatment of clients bringing the whole industry into disrepute.