Legal Question in Consumer Law in United Kingdom

solicitor withholding property deeds from owner

My 87 year old relative wishes to dispense with the services of an incompetent solicitor. The solicitor wishes to claim for work outside of the 87 year old's instructions. She threatens to refuse to hand over the deeds to the elderly person's property ubtil she pays all of the disputed bill. (The solictor has not yet even submitted an account.) Is this legal?


Asked on 5/11/06, 9:03 am

1 Answer from Attorneys
Andrew Dutton Legal -Zone

Re: solicitor withholding property deeds from owner

A solicitor is only entitled to charge for work carried out in accordance with instructions receives. Thus if this solicitor has carried out work not in accordance with instructions or necessary to comply with those instructions, she is not entitled to make a charge.

The solicitor will however have a right retain papers or other property belonging to a client as security for money owed. This is known as a lien. However until such time as a Bill has been rendered, there can be no money owing and the question of a lien does not arise.

This is clearly a matter which will require further investigation. We can be contacted at the under mentioned address and will be able to advise further under our free advice service.

Andrew Dutton

www.legal-zone.co.uk

[email protected]

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Answered on 5/15/06, 6:01 am


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