Activity 2 answers

Balachandra

On the basis of what Balachandra has said so far, his solicitor has not breached any duties insofar as we can tell.

• The fees are by no means exorbitant for this kind of work
• It is reasonable for the solicitor to demand a further fee for the appeal - this is a lot more work!
• Balachandra appears to have been advised of his eligibility for legal aid
• The solicitor is not responsible for delays in home office decision making
• Three chaser letters over the course of a year reasonable - sending more letters is unlikely to have any significant effect
• While it is not normally acceptable to refuse to take a client's calls, it is questionable whether Balachandra is still a client - the work paid for has come to an end and Balachandran does not appear to have paid anything towards any future work
• The solicitor has acted properly in refusing to guarantee success, and in warning Balachandran of the possibility of failure

Sachetan

It seems likely that Sachetan's solicitor has breached his duties. On the basis of what Sachetan has said, the solicitor appears to be acting recklessly or negligently. This would not be in Sachetan's best interests.

• The solicitor has not taken proper instructions - he would appear to be acting blind
• The solicitor has not given honest or realistic advice about the likely outcome - how can he without taking full instructions?
• Sachetan has identified a number of concerns with the documents he is supposed to submit

The worry is that if Sachetan submits his documents at the appointment, it will damage his case further, rather than help him.

No. A complaint about immigration services is not a ‘relevant matter.’ However, in discussing those services, you may stumble upon things that do need to be regulated. This is particularly likely if the immigration matter or asylum claim is still live, as is the case with Sachetan.

Balachandra

You can advise Balachandran that his solicitor appears to have acted properly. You might want to ask Balachandran some further questions just to check everything is in order. For example:

• Where did he get the idea that 'government lawyers' do nothing? (If it came from the solicitor, then that might be grounds for a complaint)
• Has he been told that his case has finished?

If his answers raise no concerns, then you can tell him that you can see no basis for making a complaint.

Sachetan

Here you need to be very careful. What you would like to say say is going to be based on information that Sachetan has given you - so it may relate to a 'particular individual.' Although quality of legal representation is not a 'relevant matter' it is quite hard to address this in a way which does not involve discussing the fresh claim, which is a 'relevant matter.'

Ordinarily you would advise Sachetan to address his concerns to his solicitor, or possibly direct him to use his solicitor's complaints procedures. However, given the short timescales and the apparently reckless and negligent approach of the solicitor, this may not be a good idea.

You can say:

• That you are concerned with the quality of the fresh claim that the solicitor has prepared, but you would need to stress that you are not an expert and be very general in the reasons you give. For example, you could say:
  • You would expect a good solicitor to take full instructions before taking any significant actions in a case, and that this would usually involve an in-depth interview to discuss the substance of the case
  • You would expect a good solicitor to take great pains to avoid making mistakes, particularly factual errors that might damage credibility

[Note: a small number of typos, misspellings and minor grammatical errors that do not affect the meaning are acceptable - we're all human!]

You could NOT say:

• On the basis of what you have told me, your solicitor has not taken enough instructions or gathered enough evidence to be able to put together a worthwhile fresh claim, or
• The errors you have identified are such that if you submit your fresh claim in it's current form it will damage your credibility and make things worse

More generally:

• You can advise Sachetan that if he is unhappy with his solicitor's work, he should seek a second opinion. You can also refer him or signpost him to other regulated providers or persons.
• You could give Sachetan information about the role and duties of a solicitor, and the things a solicitor should and shouldn't do, so that he can judge for himself whether his solicitor has acted properly.
• If Sachetan wants to make a complaint, you could assist him in putting his concerns into a letter. However, you must not 'put words into his mouth' by telling him what he should be complaining about.

Sachetan is likely to want more from you than you can safely give at this stage. He may want your opinion on whether he should go to the appointment, or whether his solicitor is any good. At this point it would probably be best to reiterate your advice that he needs a second opinion from a regulated adviser.