LeO to show its claws with High Court order forcing solicitor to comply


Sampson: solicitor has been given every chance to comply

The Legal Ombudsman (LeO) is to show its claws for the first time by seeking a court order to force a solicitor to provide access to documents, it has emerged.

In the first use of LeO’s powers under the Legal Services Act, general counsel Anthony Rich is to instruct counsel to go to the High Court and enforce the right to get full access to relevant documents from a solicitor “who appears to be resolutely unwilling to disclose them”, according to chief ombudsman Adam Sampson.

Mr Sampson said: “We know the solicitor exists. He has, occasionally, answered the phone to our investigators. Also, to judge from the steady flow of new complaints about him, we are receiving (nine cases open and counting), he appears still to be working. This is not a case of a lawyer who has died, absconded or simply shut up shop.”

Mr Sampson said LeO has given the solicitor “every chance” to comply with its requests. “We have written, phoned, sent him warnings about our intention to use our powers, and liaised with the Solicitors Regulation Authority to give them time to intervene.”

Mr Sampson said that in other circumstances, LeO may have gone ahead without the solicitor’s co-operation. “We make our decisions on the balance of evidence before us and if one party chooses not to come forward with evidence to rebut that provided by the other party, they can hardly complain if our decision goes against them.”

However, one of the complaints is from a man “desperately trying to get access to his file, which the solicitor still holds, so that he can respond to a coming court action”.

Mr Sampson added: “Our solicitor could – should – simply release the file. If he doesn’t accept our power to demand it from him, we will simply have to ask the High Court to enforce it.”

Tags:




    Readers Comments

  • Wiser than Adam says:

    so let me get this right, LEO have no formal powers in place to get a solicitor’s files? Were they just hoping that asking nicely would work? What a joke, guess this is what happens when you rush things through and don’t listen to existing organisations.


Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Blog

14 November 2018

How accessible is your recruitment process?

Recognising the benefits of employing disabled people in the legal profession, and attracting talented disabled candidates is a great start, but of little use if your recruitment process is not inclusive nor accessible.

Read More