Dear Sirs
Another firm have requested a copies of former clients will file and my question is what are our obligations with regards to attendance notes that was drafted at the time of will instructions up until the execution of the will.
Any information would be appreciated.
Kind Regards
Awais Mahmood
If the client has died, is this a pre-cursor to a Larke v. Nugus statement, or is the client alive.
If the former, I understand there is guidance issued by The Law Society; if the later you will require the client’s instructions to provide a third party with such personal information.
In any event, I would expect the firm to explain why it is seeking this information.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Thank you paul.
The client is our former client and has now instructed another firm and they have requested his file from us which will include our attendance notes.
It is my understanding Leicestershire CC v Michael Faraday and partners Ltd situation arises.
Kindly advise if that may be the case.
Regards
Whilst Leicestershire CC was confirmed as good law as recently as 2018 (when appeals in the cases of Hanley and Green were held together), in concluding the judgment, Soole J observed: All that said, it does not follow that solicitors should in all circumstances press their legal rights to the limit, nor that they can necessarily do so with impunity.
It therefore seems that a request would need to be considered on its merits. Arguably, a Larke v. Nugus request falls within Leicestershire CC, but few firms would rely upon Leicestershire CC to refuse to provide a statement or withhold documentation.
It seems to me that you could apply Leicestershire CC in responding to the request for your file – only handing over copies of documents where the ownership is clearly with the (former) client. However, so that you might properly assess the merits of the request, if they have not explained why they “require” your file, they might be asked to do so. Might it, perhaps, just be a ham-fisted way of getting a copy of the current will to check if the client is making substantial changes to the disposition of their estate.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Hi we were instructed on a probate matter and since then a Larke v Nugus letter has been sent on the same matter, can we continue with the probate by applying for probate? We have answered the Larke v Nugus letter.