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The Law
Society Consumers Complaints Services that acts for the Protection
of Lawyers 28
February 2005
Your
ref: 30451
Re;
Your letter of the 18 January 2005 First let me refresh your memory about my earlier complaint, the Senior Partner and the Senior Litigation Solicitor at Thos Boyd Whyte, my solicitors at the time, failed to turn up for a pre-arranged meeting to hear my grievances but sent an ex-employee who some of my complaints were against, at my second request he refused to see me. After I contacted the OSS by 'phone who advised I should again request to see the Senior Partner responsible for my case and explain to my Solicitor that the OSS said he must comply with the Client Care Agreement and see me, he again refused. You will recall the OSS refused to investigate this part of my complaint as you did, although during the same period you did treat a woman with the same problem more favourably than you did me. WhenI
'phoned the OSS on the second occasion for assistance they advised
me I should send them an official complaint which I did on 13 May
1999, then over 2 years down the road my file would be allotted to
a Caseworker for investigation. However according to the Information
Commissioner the OSS by advising me to send a complaint to them had
brought about an 'inherent conflict of interests' and the IC believes
the reason(s) for a complaint(s) is irrelevant at which point my Solicitor
only had to inform the Ethics Committee that a complaint had been
made against them and they will be advised that
an 'inherent conflict of interests' exists giving reasons to sack
the client. When I telephoned the OSS for help they did not give me any assistance but they must have known that the advice I was given would bring about a 'conflict of interests' and they should have informed me of the situation I would find myself in if I followed their advice, which I did. This advice from the OSS led to me being sacked by Thos Boyd Whyte weeks before the trial which was not sufficient time for me to find a new solicitor and prepare my case properly. Bearing in mind the CCS say they "help you if you have a problem with your solicitor" please tell me, how did asking for help then taking OSS/CCS advice that led to my sacking by Thos Boyd Whyte "help" me with the "problem" of Gordon Luckhurst's refusal to comply with the Client Care Agreement??? If
you look at a letter I sent Samantha Hicks at the OSS dated 10 August
2001 it will be seen my complaint clearly mentions Gordon Luckhurst's
refusal to see me and I have continued complaining which the OSS and
yourself refused to investigate. I believe the reasons the OSS and
you refuse to see this was investigated was the fact Gordon Luckhurst
the Senior Partner was, by the Law Society's rules, guilty of Professional
Misconduct also the OSS and yourself was aware I had been ill-advised
by the OSS and they should have given me assistance when the Senior
Partner refused to see me instead of setting me on a course to bring
about a 'conflict of interest' and an excuse for Thos Boyd Whyte to
sack me with total disregards to the Client Care Agreement which in
its self was a breach of contract and possibly why I was not offered
the opportunity of the advice of an independent solicitor at the time.
Let me repeat what I quoted in my letter to you dated 28th January
last; At this point let me refer you to your 'little blue rule book'. First, "Of course, you can contact the Ombudsman's Office at any time if you have any more information". Second, "'Special reasons' are circumstances outside your control…" this one you used in favour of TBW but the only rules that are complied with are those that are advantageous to members of the Law Society as you know.
Yours sincerely B R Gray cc Dr Howard Stoate MP for the Dartford Constituency for referral to the Parliamentary Ombudsman. The letter I have written to Dr Stoate MP can be accessed at www.solicitorsfromhell.com/Dr_Stoate MP2.htm See 'Legal Eagles' http://www.solicitorsfromhell.com/Legal-Eagles.htm Top |