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What is an intervention?
The power to close down firms of solicitors in certain circumstances is given to the Law Society by Parliament. The process is referred to as an intervention. Following an intervention the Law Society takes possession of all papers and money held by the firm and appoints another firm of solicitors to act as its Agent in order to do this. Who we are We are appointed by the Law Society from time to time to act as the Society's Agent in relation to interventions into firms of solicitors. In such situations, we take possession of all papers and monies held by the firm on behalf of the Law Society. What this means for you If you are a client of an intervened firm, you should be aware that the firm is no longer able to act for you. Please note that it is not our role to continue the practice of the intervened firm, nor to act on behalf of the firm's clients in relation to existing matters. Your file may require further or continued attention. For example, there may be ongoing legal work on the file and/or important documents that should be distributed to you. In these cases it is very important that you instruct a new firm of solicitors to represent you. You are free to choose whichever solicitor you like. Please refer to our Frequently Asked Questions (FAQ) section 1 for further information on how to find a solicitor. If your former firm of solicitors held Deeds for your property, you will need to make alternative arrangements for their safekeeping. You may feel that this is an appropriate time to have your Deeds reviewed, in which case you must appoint a new firm of solicitors to assist you. You should note that if you have any existing lending on the property, you must contact the lender in order to come to an agreement about which firm of solicitors your file should be sent to. Please refer to our FAQ section 2 and section 3 for further information by clicking on the links. If your former firm of solicitors held a Will for you, you will similarly need to make alternative arrangements for its safekeeping and may feel it is appropriate to have your Will reviewed. Again, please refer to our FAQ section 3 for further information by clicking on the link. What you need to do now If you require your file to be released to you or transferred to your new solicitor, we will need the written consent of each of the clients on whose behalf the firm was acting in relation to the matter. Please refer to the FAQ section 4 for further information on who is required to sign an authority. To assist you, a standard authority form can be accessed by clicking on the link. You will need to complete this form and send it to us before we may release your file in accordance with your wishes. A Deeds authority form and Will authority form can also be accessed using these links. Limitation dates on ongoing files If your matter is ongoing, it is important that you contact us with instructions as to where you would like your file sent as soon as possible. It may be that there are important time limits which are applicable to your file. For instance, the effect of not instituting legal proceedings or taking such action as may be appropriate before the relevant limitation date passes is that usually you are barred from proceeding after that date. The class of legal matters that are subject to limitation dates is very wide and the time limits that apply in any particular case vary considerably. To ensure that your position is not prejudiced, it is imperative that you instruct a new solicitor as a matter of urgency. Money and the intervened firm The Law Society takes possession of all monies held by intervened firms. On behalf of the Law Society, we are responsible for examining the intervened firm's accounting records to determine how much money is held on behalf of each client. If you believe the intervened firm was holding monies to which you are entitled and if you require those monies urgently, please contact us via post, telephone or email. Please note that an urgent need for funds usually only arises in instances where client prejudice will occur if funds are not immediately made available. Subject to instructions from the Law Society, we will, if it is possible to do so, attempt to distribute monies to those former clients who are entitled. Unfortunately in some cases that is not possible, for example, if the intervened firm's accounting records are inadequate or incomplete. In these circumstances, any monies held by us are sent to the Law Society, in which case you would need to contact the Law Society's Compensation Fund at the following address: Postal address: The Law Society Compensation Fund Victoria Court 8 Dormer Place Leamington Spa Warwickshire CV32 5AE DX address: DX 292320 Leamington Spa 4 Tel. Number: 01926 820082 Fax. Number: 020 7242 1222 |
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020 8394 6435
Lee.Beesley@russell-cooke.co.uk |
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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 (click to link). 1. How do I find a new solicitor? 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. 2. What if my file is a conveyancing file? 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. 3. What if I am a Trustee, Executor or Administrator? 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. 4. Who needs to sign the authority form? 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. 5. What if the client is a company? We require an authority written on company letterhead and signed by a Director of the company before we are able to release the file. 6. What if the client is a minor? 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. 7. What if my file is legally aided? 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. 8. May I instruct Russell-Cooke? 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. 9. Your solicitor's costs? 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. |
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 Standard Authority Form  Deeds Authority Form Will Authority Form (To download PDF files Adobe Acrobate Reader is required. If you do not have Adobe Acrobat Reader, download it here free of charge.) 
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