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When a Firm shuts on shop and solictor moves

  • Flatliner
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24 Oct 21 #517992 by Flatliner
Topic started by Flatliner
Hi Quick one,
If you are with solicitors and the firm closes down and the solicitor moves to a new firm. Under the legal rules what happens to all your files notes etc..
Do they get thrown away?
Transferred with the solicitor to the new firm?
Is the data archived under law anywhere so if there was an issue I could ask for their data archive for information?

Cheers

  • .Charles
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25 Oct 21 #517997 by .Charles
Reply from .Charles
It depends under what circumstances the firm closes.

Normally a firm would arrange for another firm to take on their practice. If that doesn't occur it is possible for the firm to ask the Solicitors Regulation Authority (SRA) to intervene in the firm and they will farm out the work to another firm.

A client's file of papers presents its own problems as a these have to be moved and stored. If a client has paid their bill they should be permitted to collect their file and take it to a new firm if they wish. This will depend upon why the firm has closed.

If the SRA forcibly closed a firm this will mean something serious is a foot and it might be difficult to gain access to the file.

In those circumstances it is possible to request copies of court documents firstly from the other party and secondly from the court. The other party should also be able to provide copies of letters they're sent and received although they are permitted to make a charge for this.

I recall a firm being intervened some years ago and the file of papers went home with the acting solicitor who went to another firm. The file originated with my firm and transferred to her firm and she sent the file back to my firm to finish the file off which largely involved submitting a claim for costs to the Legal Aid Agency. It took me the best part of 6 years to sort out but that's another story!

Charles

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