Solicitors In Voluntary Liquidation

[Mobythevillan]

Hello all...

What is the legal position of someone who has employed a solicitor to pursue an employment case, but who has then gone into voluntary liquidation?

How are they to proceed?

Many thanks,

Simon

[factor-fiction]

I'm not clear whether it's the solicitors who have gone into liquidation (as in the title) or the person who employed the solicitor (as in the question).
I expect it's probably the former. Has the client paid any money to the solicitor?

[Mobythevillan]

Hello factor-fiction....

Yes, it IS the solicitors in liquidation, as in the title.

This is in respect of a no-win no-fee claim and the solicitor's fees have been taken from previous parts of the claim. There is one outstanding part to the claim which is still on-going.

The claimant is unsure how to proceed with this matter now.

Cheers again,

Simon

[Peter Pedant]

I think you write off your losses and start again

Is there any organisation which takes over the cases started but not concluded by bankrupt solicitors on an insurance or pro bono basis ?

Nope I dont think so.

There was an appalling interview on the Beeb yesterday with the head honcho of the Office of Legal Ombudsman over the bankruptcy of conveying solicitors and he basically shrugged his shoulder and commented,
'well that is what some firms do' (go bankrupt)
which is kinda hinky for a regulator.
but some of them are ( useless, regulators I mean )

[Peter Pedant]

Solicitors are required to be insured as a condition of their licencing ( Solicitors Regulation Authority it is this year - they have had a series of competely cr+p reulators )
but of course the question arises as to what is covered.

Professional negligence is certainly - possibly up-front money if they have given money up front - unlikely if it is no-win, no-fee

and.... if it can be shown the firm was trading while they knew it was insolvent ( a crime actually ) then they might be able to claim for losses.

otherwise it is start again.... ( I think)