To assist further, we have listed a number of frequently asked questions with corresponding answers below. Please read all of the following points before completing the authority form.
- How do I find a new solicitor?
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You may contact the Community Legal Service Directory Line on 0845 608 1122 to obtain a listing of solicitors who may be able to assist you.
The Law Society's website also has a directory listing of solicitors. Please refer to The Law Society by clicking on the link.
- What if my file is a conveyancing file?
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If your file is a conveyancing file, it is likely that your lender also instructed your previous solicitor to undertake mortgage work relating to the conveyance of the property. We will therefore require the consent of your lender before we are able to release your file. It is your responsibility to contact them directly to arrange for the relevant authority to be forwarded to us. Please note that most lenders will require files to be transferred to new solicitors rather than to clients directly.
- What if I am a Trustee, Executor or Administrator?
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We will require proof of your appointment with your signed authority before we are able to release your file, for example a copy of a Trust Deed, Will or Grant of Probate.
If you so instruct us to, we are prepared to review and store your Will or Trust Deed in our Will store until it is required. We do not charge for this service.
- Who needs to sign the authority form?
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The authority form must be signed by all clients to whom the file relates before we are able to release the file. This includes each person who instructed the intervened firm of solicitors, for example, all persons who are buying a property together.
- What if the client is a company?
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We require an authority written on company letterhead and signed by a Director of the company before we are able to release the file.
- What if the client is a minor?
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The legal guardian of the minor can provide authority for the release of the file. We require an additional letter from the legal guardian stating that:
- The client to whom our letter is addressed is a minor; and
- The legal guardian has completed the authority form on behalf of the minor because they are the minor's legal guardian.
- What if my file is legally aided?
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If you have applied to the Legal Services Commission for Legal Aid to assist in the payment of your solicitor's fees, your file may only be released to a firm of solicitors approved by the Legal Services Commission. When you contact the Community Legal Service Directory Line on the number listed above (FAQ section 1), you must specify that your matter is legally aided.
For further information with regard to interventions, please click on The Law Society link to access the relevant pages of the Law Society website.
- May I instruct Russell-Cooke?
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We may accept instructions in some cases. If you would like to instruct our firm, you must consult us to see if we can act in your particular case before returning the completed authority form. In some cases we may not employ solicitors who undertake the type of instruction to which your file relates, for example, housing repair work. In other cases, we may not have the capacity to accept instructions or there may be some other reason why we cannot act. If we accept instructions to act on your behalf, you will be responsible for our usual costs, which will be explained to you by the conducting solicitor.
- Your solicitor's costs?
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You remain responsible for the payment of any outstanding costs and disbursements due to the intervened solicitor. If you held funds on client account at the date of the intervention, and costs are due to the intervened solicitor, any claim you have may be reduced by the amount due.
When your file is released to a new conducting solicitor we will require the solicitor to provide an undertaking that the file will be released back to the Law Society if requested to deal with any issues as to outstanding costs.
For further information with regard to interventions, please click on The Law Society link to access the relevant pages of the Law Society website.