OpenRent Community

Mcol Court issues with Tenants Solicitors

I had tenants for a few years all ok until they vacated then i commenced Legal proceedings on them for just under £10k for rent and damages to which they wholly deny & they are using a Solicitor whom is not on Court File & when i check the said Solicitor out i find that he is a non-practicing Solicitor with the Law Society, SRA & BAR.
I asked verbally to the BAR, SRA, The Law Society, The County Courts, PSU & CAB if this non-practicing solicitor is legally allowed to legally stand in a Court room and Legally represent his clients as he is doing so and they all state NO yet no one will direct me to a specific Rule/Regulation of the County Court of where i can read and recite this as evidence to the Judge yet all professionals just say silly things to me such as;
ow, everyone knows your not allowed & its just common knowledge.
This is obviously ridicules and useless to me.
I have formally complained to BAR, The County Court & SRA yet this doesn’t seem to be serving my objective.
If anyone knows of exactly where i can find the actual rule then i can apparently have the said solicitor arrested as what he is doing is apparently a criminal offence also.

I know that the Solicitors Company Name being used is a practicing Solicitor yet i have never seen him as he is paying his mate who is a non-practicing illegally operating Solicitor around £40p/h and pocketing the difference i can only imagine.

It seems hard to get a solicitor to do anything against another solicitor

You don’t have to use a solicitor in court - you can self represent or use a “Mc Kensie Friend” someone who might have specialist knowledge to help you with technical things etc so the person dosen’t have to be registered with the law society to go to court , I wouldn’t however pay for this !!

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I had not heard of a Mc Kenzie friend. Just googled it Interesting. Thanks

Well I am a self litigant in the small claims court at present but that is on the small claims track.

I also have another case on the fast track and that is for about 70 K so I have employed a legal representation as it is not worth the risk in the fast track To try and sell litigate as it is extremely complicated indeed and I wouldn’t advise anyone to self litigate in the fast track

There are very specific rules for a McKenzie friend and unless one has a good friend that’s so happens to know the law much better than you then I wouldn’t bother as I found that to be a waste of time .

Also in regards to your statement about needing to be on the law society website I can assure you that that is actually wholly incorrect As it is not down to the law society it is down to the SRA and further to add you and anyone else should look extremely carefully when it comes to vetting your solicitor as there is solicitors registered with the law society that are actually non-practising solicitors and a non-practising solicitor legally cannot represent any clients in a court or give legal advice so you could have a solicitor registered on the law society yet still unable to practice law.
I hope this helps.