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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70296
Experience:  Over 5 years in practice.
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What redress do we have if a solicitor fails to fulfill s

Customer Question

What redress do we have if a solicitor fails to fulfill his duties to prepare an appeal against conviction? My friend was sentenced three weeks ago today and to date the solicitor has neither visited his client nor been willing to speak to his clients father.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Did counsel suggest there were any grounds to appeal?

Customer: replied 1 year ago.
QC said we have grounds for appeal. This is a mis carriage of justice in a cut throat trial where a life sentence has been given.
Customer: replied 1 year ago.
02 October 2015 02:37
QC said we have grounds for appeal. This is a mis carriage of justice in a cut throat trial where a life sentence has been given.
Expert:  Jo C. replied 1 year ago.

Has he advised on appeal? You would normally get a written advice.

Customer: replied 1 year ago.
Barrister says he's waiting for the solicitor.
Customer: replied 1 year ago.
02 October 2015 02:44
Barrister says he's waiting for the solicitor.
Expert:  Jo C. replied 1 year ago.

Well, that wouldn't normally be the chain of events. It depends on circumstances. It might be that the solicitor can't get into the prison to see him. Belmarsh particularly have a huge waiting list. As long as notice of appeal is submitted in time everything else can be more relaxed. You can always change solicitors. They need to seek leave to appeal though and until that is granted their view might well be that there is no point in a visit because there is nothing that can be done upon the case. The legal aid board do ask them to justify expenses of that nature. Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I visited the solicitor before receiving your reply. The QC hasn't supplied the solicitor with his written advice. Until this afternoon, 3 weeks after verdict and 2 weeks after sentence, the solicitor had only contacted the QC by email or letter. He has now phoned the QC. Solicitor has no notes of the trial. Solicitor claims the judges summary are the only notes to expect. QC hasn't received these yet and 28 days runs out next Friday. Solicitor says he'll arrange a visit, to Belmarsh (!), next week when he gets the QC advice which won't happen until the QC gets judges summary. They're running out of time. What can we do to expedite this in some way?
Expert:  Jo C. replied 1 year ago.

Yes, the judges summing up is the only note. The days have long gone when legal aid paid for clerks to attend with counsel although people are free to pay privately.

if it is Belmarsh then the reason he won't have seen him is that there is an endless delay in getting in. That will be nothing to do with the solicitor.

In terms of expediting it, you can always pay privately for a different counsel to advise