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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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solicitor has two files,one high court fully paid,has family

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solicitor has two files,one high court fully paid,has family law file,claims money outstanding on family law.New solicitor wants high court file,he will not hand over same,claiming lien because of outstanding monies on family law file.
High court file and all monies fully paid.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

Buachaill :

1.At the outset, a solicitor has what is known as a general lien over all a client's papers where there are any outstanding monies owing by the client in relation to any business. This general lien is not limited to a particular file or files, which has money owing on it. The solicitor can exercise his lien in relation to all files of a client irrespective of whether there is money owing on that particular file or not, provided there is money owing by the client. Here, this means that the solicitor can lawfully exercise his general lien over the High court file, as well as the family law file as there is money owing, even though there may be no money owing on the High Court file. Your solution here is to get the solicitor you are now instructing to give a solicitor's undertaking that the solicitor's fees in relation to the monies outstanding will be discharged from any money coming into the hands of the new solicitor. This is because once security, in the form of a solicitor's undertaking is given, a solicitor can no longer continue to exercise his lien. In this way, you can transfer all files to the new solicitor, including both the HIgh Court file & the Family law file.

Buachaill :

Please RATE the Answer positively so that I may get paid

Customer:

Thank you for reply. I will instruct new solicitor regarding same.

Customer:

Thank you for prompt reply. I will peruse same..

Customer:

Thank you for prompt reply. I will peruse same. Regards XXXXX XXXXX

Buachaill, Lawyer
Satisfied Customers: 8422
Experience: Barrister 17 years experience
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