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Kenneth Clarke
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13th June 1992
it the clients case that is struck out where's the justice in that! The power of the courts to imprison solicitors for breach of trust (now at $200 million Plus the compensation fund) should be re-instated.
a)
Detailed lists of solicitors who have been involved in 'negligence' should be easily available to the public to allow a choice when exercising their constituational rights. Many would place this above choice in education and health services.
b)
A monitoring system should be introduced to lodge complaints & claims evaluated by the client which would be accessible to the public. Too many victims of solicitors "dishonesty or incompetence" are being tricked out of obtaining justice by fellow solicitors who do take on cases. (4a)
c)
I understand that claims against solicitors organised crime (fraud) are to be capped. This would of course officially place solicitors above the law and capping is no solution to the intrinsic problem.
I'm advised that solicitors handling medical negligence claims frequently allow statutory periods to lapse so that liability passes to them. (I wonder why). If claims against solicitors were limited to £10,000 or £48,000 (figures cited by Philip Ely at the Law Conference last October) solicitors would become the Chinese laundry for all professional negligence claims, and the basis of a totalitarian state.
The current system & procedures not only fail the electorate and leaves lawyers unaccountable but it fails honest solicitors who should be placed above a situation where their independance and intellectual integrity are compromised by a system currently promoting the interests of lawyers over and above the democratic interest.
Yours sincerely,
"Carol Im
E.N. Car
E.N. Gaskell Syms (Mrs.)
c.c.
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