Issues with my Solicitor - Any Advice?

[littletee]

Hi guys,

Need some advice on what to do...

I engaged a Law Firm earlier this month in Melbourne to do my Conveyancing as I'm selling privately 2 Units I own. We agreed on price and he told me had started and all he needed were the Certificate of Body Corp and they'd be finalised immediately. These were sent to him on Wednesday & Thursday and I followed up via both Email and Phone on Thursday & Friday to see when I could get the documents as I need to get these 2 Sale Contracts signed asap as I have bought another property which is subject to finance (have until 17th Jan to get back to them re Finance) and my current Bank wants to see these 2 signed Sale Contracts before they'll allow me to purchase the next property.

Cut a long story short despite numerous attempts via both Email & Phone he failed to get back to me either last Thursday, Friday or Sat but did get back to me on Sunday saying that he had only received the Certificates on Thursday 4:59pm (not true as I have copies of when they were sent via Email and one was on Wed morning) and he couldn't get them on Friday but stated that he would have everything to me on Monday (yesterday). Yesterday has come and gone & I still haven't got anything and yes I understand it's the festive period but he also knew that I was on a very tight turnaround and stated he would have everything to me as soon as the Body Corp Certs were provided which was last Wed & Thurs but I still haven't got anything. I also stated on email that if he didn't respond/get the documents to me by COB Monday that I would assume he can't/doesn't want to complete my job and I'd find another service supplier and I wouldn't be applicable for any of his fees as nothing has ever been sent to me for proofing etc.

I want to potentially get rid of him and go to someone else but I need to know legally what leg have I got to stand on and how best to go about this to potentially cease our agreement and ensure he then doesn't send me a bill days/weeks down the track for the full service etc.

I was also thinking of calling the Legal Services Commissioner as it looks as though they may be able to help but I'm not sure and also they're closed until 2nd Jan.

Any advice guys? Thanks heaps.

 

[Terry_w]

Just find a new solicitor. Then write to the ex solicitor and inform him of this and that he should stop work immediately. Did you sign a costs agreement?

And speak to this person, http://somersoft.com/forums/showthread.php?t=94238 she had a very similar experience to you!

 

[Spades]

Calling Terry_w.

 

[Spades]

and speak to this person, http://somersoft.com/forums/showthread.php?t=94238 she had a very similar experience to you!

lol .....

 

[littletee]

Just find a new solicitor. Then write to the ex solicitor and inform him of this and that he should stop work immediately. Did you sign a costs agreement?

And speak to this person, http://somersoft.com/forums/showthread.php?t=94238 she had a very similar experience to you!

Thanks Terry and Spades, appreciate it.

No I didn't sign a costs agreement - he just emailed me outlining costs and what it would include and earlier this month I said go ahead on email. Would think it's still the same principle in terms of an agreement I would of thought.

Will maybe wait until the 2nd when I call the Legal Services Commissioner, this Lawyers communication and service has been terrible thus and I just want to be done with it and move on but I want to make sure he can't come back and hit me with a $1k bill later etc. Cheers!

 

[mflying]

I also stated on email that if he didn't respond/get the documents to me by COB Monday that I would assume he can't/doesn't want to complete my job and I'd find another service supplier and I wouldn't be applicable for any of his fees as nothing has ever been sent to me for proofing etc.

Sticky situation.. above line sums it up all.

if he hasn't done any work as it was agrred and expected by due date, you have case to argue.

However, would you be able to find a solicitor during festive season?

if not, you may want to try and push him to finish the job, or go ahead with new one.

it shouldn't have take this long to prepare a standard sales contract anyway!