Bit of a story this.. but don't know who to ask.

My father was diagnosed with a rare and incurable cancer called mesothelioma in sept 2007. The guy my father worked with said they worked with asbestos pipes in north wales and there was a chance of suing (even though my father wasn't interested).. anyway to cut a long story short someone contacted a solicitors that specialises with these cases and they tried to follow it up.

There was a lot of background work done and the solicitor got to a point where he couldn't do anything else and that was that (last heard about a year ago) as the companies weren't around anymore and it was hard to prove.

So, on friday my mother receives a letter from said solicitor saying " I presume by now your husband has passed away, could you forward on the coroners report and death certificate so we can pursue the case further"

My father still has the disease (27 months after being diagnosed) and is still battling with it. So you can imagine how my mother felt when she read this.. she felt sick!

Now i'm obviously seething about this letter. My mother is too upset to call so i'm going to call tomorrow.

Is there anything I can do complaint wise? i.e An insurance ombudsmen?

I just know when i call they say "oh we're terribly sorry about that"

I would go directly to them first and see what they say. You probably will get a generic response like you mention, but they may be contrite enough to placate your justified anger.

Or failing that look here:

http://www.lawsociety.org.uk/choosingandusing/redressscheme.law

Call and find out what their complaints procedure is or ask who the practise manager is and write a letter of complaint to them. Follow up with a letter to the Law Society if their response is not to your liking.

Shocking ❗

I'd make a call to the Solictors Regulatory Authority; http://www.sra.org.uk

thanks for the replies. I'll phone tomorrow and find out the complaints procedure.

Seriously? Why bother?

Just rip it up and bin it. Why get all het up about it when you have larger issues to deal with?

Since the early 2000s(I think) standard Law Society rules state that when a new matter is taken on, the solicitor's complaints procedure, together with the contact details of the person to complain to are given in writing to the client on taking on the case. So if you dig into your early paperwork you'll prob have the name of the senior partner at the firm. Stupid prat deserves a kick up.

If you decide to jump ship to another firm, mrsmidlife could probably recommend a specialist in your area. (Meso is one of her specialities, and she works for the SRA too)Email me if want.

might stop it happening to someone else though.

Seriously? Why bother?

Just rip it up and bin it. Why get all het up about it when you have larger issues to deal with?

Because it's bang out of order that's why!. SO you don't think they should know how wrong they've got it or how insensitive they've been?

Also, I wouldn't put it past them sending another letter if they haven't heard from this one.

Seriously don't bother. Been there, done that, got the solicitors bill.

I feel dead bad for your situation but arguing law with a solicitor is likely to do one thing – cost you…..

I've spent the last 4 years arguing with them over two seperate cases – cost so far – 55k and counting. How one learns to laugh at lifes little stumbles…….

I'm not looking for money from them. I just want them to know what they've done is wrong and looking for the most appropriate way of doing this.

No – I just think you should relax and stop getting so wound up about it when there are other, more important, matters to deal with.

i dont think he should relax.
report it to the law society.
having his mum upset at a time like this is an important matter.

I would report it to the law society too just sounds like some unsrupulous company now following it up for their share of where there is a blame there is a claim as opposed to having nay bodies interest at heart!

Phone them tomorrow, and ask to speak to their complaints officer. Tell him/her that you want to register a complaint. They are obliged to report any complaints to the Law Society, and will not want it to go to them, if they are in any way a reputable firm. You will suddenly find that they are bending over backwards to apologise, and will probably offer you something just to keep you quiet.

This was advice given to me a few years back by a solicitor friend of mine when the solicitor handling my house sale screwed up. It worked a treat; the appropriate wrists were slapped, and everything was sorted out VERY quickly after that.

I hope this helps.

PS, sorry to hear about your Dad's disease. I hope you get this sorted out with the minimum of fuss.

That is astoundingly cretinous. I'd call the most senior person at the firm you can find and just calmly explain that no-one deserves to receive a letter like that and there is no excuse whatsoever for writing one. They can only apologise profusely, and bollock the idiot who wrote it.

The SRA is unlikely to be that interested. It's not professional misconduct as such, it's just being a total prick.

onion – Premier Member

Seriously? Why bother?

Just rip it up and bin it. Why get all het up about it when you have larger issues to deal with?

I agree, getting into a battle with a solicitor and a rude one at that is going to cost you time and stress.

All the best with your Dad, my Dad was only giving 12 months at the most, 3 years ago.

Phone them up and ask them what the hell were they thinking? thats what I'd do.

I agree with onion. Forget it. There's no point in starting a crusade against solicitors, you won't change them.

You have far more important things to take your time and energy.

I wish you and your folks courage.

SB

What BD said is right – it's rude and ill mannered, but is not a matter of profesisonal conduct nor is it any way unlawful.

Look on their website, find out who the senior partner is. Or, failing that, just go to the complaints partner (every firm must have one) and calmy tell them that you think it's pretty crass and would like a written apology from the firm and from the t*t who wrote the letter.

And then laugh it off that your father is still giving his illness some stick – good on the man!

Thats just typical of this country, forget it, NO pursue it let them know how unprofessional they have been write to the senior partner and cc the letter to the law society and any other regulatory body even your MP. If it has upset you & your family I think it will help to get it all down in writing and then once you have complained see if another firm will take on your case.

I'd put a complaint in. If you don't they'll just send you a bill for their "Professional Services", and if you don't pay they'll hang you out to dry. The more stink you make the less chance there is of having to pay them anything. Remember solicitors only exist to make money. Generally they don't give a **** about their clients.

Shocking.

If you're not satisfied with their response once you've spoken to them, you can always tell your local paper about it. I'm confident they'd be eager to do a story about it (unless the editor and solicitor are both freemasons).

Actually, the Daily Mail would probably even do a page lead on it – although they'd want to use a picture of your old man holding the letter and looking upset.

Email The Sun and sell your story. I'm sure they'd take notice after a bit of national press.

Serious answer though is as above though. Phone them and let the Law Society know.

I bet this happens all the time. It won't help your family's upset I know, but it's a simple (if grossly insensitive) administrative error.

In my last flat I received a letter from the prior owner's solicitors. I'd bought the house from her executors :mong:

i would normally go with "just one of those mistakes"
like gordon browns letter to mrs janes/james

but thats awful, ide chase that up and make sure someone gets some grief for it.

it would be forgivable if it was "we are sorry for your loss" and just badly researched

but to go with "i pressume…." is really awful, and indicates they couldnt be bothered to check!

Yes indeed, after my dad died we got heaps of letters and phone calls for him, it is just one of thoses things you learn to deal with. OK not quite the same situation but do you really want to drag out your mother's distress by starting a complaint procedure ? Phone up and make them feel really really bad about it then focus on doing something that will help your family.

(I did manage to upset one person with my flippant replies to phone calls for my dad tho – turns out he was after somebody with the same name – was upset to hear he was dead – learned my lesson there a bit)

Whoever sent that letter needs a good old fashioned punch on the nose.

Obviously typed by the single brain cell trainee,in the office and NOT checked by the senior member of staff before it was sent.

Will send you an email later today ,with some personal advice.

Definitely complain! Like you said, it might stop them from doing it to someone else.

It doesn't have to be a 'long, drawn-out' complaint, just tell what happened and hopefully they won't do it again!

Good wishes to you and your family 🙂

Thanks for all the comments.

I've just spoken to someone and the HR director is phoning me this afternoon.

This is not some tin pot local solicitors either. They are a big firm in london and the partner in question has traveled from London several times to see my mother and father about the case and has spoken numerous times on the phone.

If he's a paid up member of the human race then the embarrassment alone will be sufficient.

All done! Feel much better about it now.

Senior director called me and apologised unreservedly on behalf of the firm and asked me what I wanted from them. I just asked him to get the partner involved to phone and apologise to my mother.

That's all I needed.

well done. I think that's a fair and reasonable solution.

Well done tricky……nice one
SB