Lawyer messed up

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Discussion

Nijj

Original Poster:

36 posts

67 months

Friday 29th November 2024
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Approximately 7 years ago, I sold my share of a business to my business partner and the contract of sale that when they decided to sell the business, I would be given first refusal and the price based on the same formula based on ebit as originally sold. My lawyer who represented me at the time was the person who wrote that contract and advised me personally and wholly.

The ex business partner wrote to me to say as per the contract, I can buy the business at the agreed ebit formula and that I had 4 weeks to complete. It was a bit rich for me so I needed more time to raise the required amount. So I decided to contact my original lawyer who didn’t respond for 10 days despite me chasing them. He came back to me this week saying full disclosure, he had forgotten that he had written the original contract and that he advised me at the time but he has been advising my ex-business partner. The solicitor admits he should have remembered, and not represented my ex-partner but he has already given them advice which they’ve used. He said he will “report himself” to his line manager/hr and will come back to me in a couple of days.

What should I do? Is this illegal or just an oversight? Should the lawyer have checked his files more diligently, remembered the case? Can I report him to the law society if it doesn’t go my way?
First time I’ve encountered anything like this

wattsm666

728 posts

280 months

Saturday 30th November 2024
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There may be an ethical/conflict but I’m not sure what your loss is. The lawyer may need to stop acting in the circumstances for either party.

Mr Pointy

12,556 posts

174 months

Saturday 30th November 2024
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wattsm666 said:
There may be an ethical/conflict but I’m not sure what your loss is. The lawyer may need to stop acting in the circumstances for either party.
Because he only has 28 days to reply & the lawyer for the other party has already used up 10 of them?

Austin_Metro

1,391 posts

63 months

Saturday 30th November 2024
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Your ex- lawyer should have carried out a “conflict check”. Large firms have processes where they check key terms against old files - and will have an electronic database of clients and matters..

Has your ex lawyer advised your business partner about the sale to you now? If so, that is very likely a conflict. It might be different if the ex-lawyer advised the company first time round, but your post says it was you personally that he was advising.

What to do? I would get a new lawyer to represent you now, suggest old lawyer steps away and is replaced. He probably needs to report himself to the regulator … but I would wait and see what their explanation is.

I would have thought your main interest is in doing the deal on the business and the rest is a side show (commercially) unless ex-lawyer has info from acting for you that helps the ex business partner. Is it cock up or conspiracy?

hajaba123

1,331 posts

190 months

Saturday 30th November 2024
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New lawyer Monday, their first job is to negotiate and get the clock restarted on the 28 days.
Get deal done or not done, then decide about the rest of it