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TRANSFERRING YOUR CASE FROM ANOTHER SOLICITOR

When you instruct a solicitor to defend or mitigate a motoring law prosecution, we recognise that you are unlikely to have planned or budgeted for the situation you find yourself in. Understandably, therefore, you may have opted for the solicitor based on price, with a degree of panic or you may have simply chosen to use the duty solicitor who came to a police station interview.

However, if you have chosen your motoring lawyer purely lead by price, chances are that the saying “Buy cheap, buy twice!” may also apply to you. Thankfully, many clients we have helped were not prepared to accept the second rate service/advice they received from their initially appointed lawyer and instead, trusted their instincts to move their case to the team at Geoffrey Miller Solicitors.

Even if you have already appointed a solicitor, this does not mean you have to continue to have them represent you and you are free to change solicitor at any point before your trial or final hearing.

When placing your case with us, we will take care of the transfer process so you do not have to have any awkward conversation with the solicitor with whom you have lost confidence. We will need to move quickly, however, as there may be repair work required to correct strategy that may have been applied differently to the way we work and to preserve strategies that other lawyers will simply be unaware of.

Case Study – Mr Aslam Butt – Drink driving case

This case heard in Stratford Magistrates’ Court in February 2019 is perhaps the best example of the difference we can make to the trial outcome.

Mr Butt was wise to trust his instincts and rejected the advice of his legal aid lawyers which was to change his plea to guilty or they would withdraw from his case! After a pre-trial meeting with his solicitor (which he had to chase and plead for) he unsurprisingly felt unsupported when his solicitor explained “I am not going against the police!” We were amazed to learn that there are defence solicitors out there with this approach. Going against the police is what we do day in day out!

Throughout his case that had dated back to October 2018, Mr Butt had to chase for updates and information and even suggest case strategy and evidence deficiencies to his initial lawyer but the advice to change his plea was the last straw for him.

Mr Butt proceeded to search for a solicitor online the weekend before his trial which was the following Wednesday. He called another firm of solicitors who never returned his call. Thankfully, he then called us and was greeted by one of our experienced solicitors who took the time and care to establish what Mr Butt’s objectives were and asked him questions that were the exact questions he had been asking his own lawyer about the contradictions in the case against him. Most of our clients need to avoid a conviction or loss of licence for professional or personal reasons. In Mr Butt’s case, however, his licence was essential to his whole family as the primary career for his severely disabled children one of whom he is pictured with below:

Transferring your case from another solicitor

Timeline of the Case

Saturday

We were able to agree a discounted fee to reflect the fact that we were being enlisted only 2 working days before the trial with a caveat that further fees would be payable if the trial had been adjourned. Mr Butt agreed to go ahead and we arranged to take his statement the following day (Sunday).

Sunday

We took Mr Butt’s lengthy statement and explained the arrangements for the trial.

Monday

We requested the case papers from the previous solicitors and set to work on preparing for the trial over the course of Monday and Tuesday.

Wednesday

On the day of the trial itself, despite us informing the previous solicitors that we would take care of the case, they attended and mockingly told Mr Butt that he was wasting his time continuing with his defence and they could continue to represent him if he needed their help when he was found guilty.

However, after a morning of legal argument, the court accepted our submission that there was no case to answer and the case against Mr Butt was dismissed and a defence costs order granted.

After the hearing, Mr Butt said the following:

“The work you have done, in a simple word, you are excellent to take a case that is impossible to do but you did it. Sunday to Wednesday. I couldn’t believe the technology you use. Your firm fought for your client. When they realised I had changed solicitors to Geoffrey Millers, the prosecutor’s face was like they had missed something. It was as though they thought they were getting a prize and then had it taken away from them! When my barrister explained his strategy he was adamant “I want an acquittal!

All my confidence in the justice system came back. After the Trial I was flying! I called all of my friends. The impossible is done! The pressure to plead guilty from the previous solicitor was disgusting. I needed my licence for my wife and daughter and knew that I was innocent.

Thank you Saskia, Marc and everyone involved in the case. The special care I received was polar opposite to my experience at the legal aid firm I used initially. Everyone was working for me and caring for me.

If I had any words of advice for someone in the same position as me I would say, always number one, Geoffrey Miller – I love them!”Mr Butt

Other Clients Who Transferred to Geoffrey Miller Solicitors Midway Through Their Case

It was unusual get involved in a case at such a late stage as with Mr Butt. This is clearly not the preferred time frame for us to take over a case and so our advice is to reach out to us as soon as you start to feel those seeds of doubt budding.

We have helped dozens of clients who changed solicitors to us mid-way through the case and as you will read from their stories, they were also glad of their decision:

dangerous driving solicitorsMs Anusha Currie – not satisfied with the service of her “Loophole” lawyer (we are sure you will know who we mean without mentioning names!) chose to transfer her two cases for failing to furnish information to the team at Geoffrey Miller Solicitors. To say we had a mess to unravel is an understatement but we were able to appeal one case in the Crown Court and have the other case in the Magistrates Court reopened.  12 points were transformed into 0 points after our diligent efforts!

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Mr Gary Ward – changed solicitors after being convicted at the Magistrates’ Court and appealing but being left to source his own expert evidence by his lawyers until he was recommended to speak with us.

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Ms W – Ms W had selected her initial lawyer based on price and panic! However, when the defence strategies started to fall apart and her confidence waned the closer her trial date came, she “bit the bullet” and reached out to us. We were able to repair the damage done by her first choice lawyers and go on to win her case.

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drink drivingMr P West – Mr West initially instructed a firm of supposed “National Motoring Law” experts but soon became completely disillusioned with the service, knowledge and strategies this firm applied to his case. After some serious soul-searching, and chatting the case through with us, he transferred his case to the Geoffrey Miller team. We reviewed all of the evidence available in Mr West’s case and at trial we questioned the reliability of the evidential breath sample as well as the procedures carried out. The Crown took the view they had no evidence to prove the reliability of the breathalyser machine and Mr West was acquitted.

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These are a mere selection of cases we have successfully defended after a client chose to appoint us in place of their initial choice solicitor. If you are reading this page because you are dissatisfied with your current solicitors, please get in touch to see how we may be able to help you.

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