SRA Intervention: How do I instruct a new firm of solicitors?
This page includes the following information on instructing a new firm of solicitors and answering any questions you might have.
- How do I get my documents back?
- How do I get my files released directly to my new solicitor?
- How do I claim my documents back if my file is a conveyancing matter?
- How do I claim my documents back if they relate to a company?
- How do I claim documents back on behalf of someone else?
- How do I ask Blake Morgan to review and store my Will?
- How much will I have to pay to have my documents returned to me?
- How do I contact Blake Morgan?
- How do I get more information on interventions?
You are free to choose which solicitor you now wish to act for you. Blake Morgan may be able to act for you although you have no obligation to instruct Blake Morgan. Also Blake Morgan may not be able to act for you. For example, there are some cases which we unfortunately cannot accept because we do not possess special expertise in those areas, for example in immigration cases. Furthermore, we cannot accept legally aided cases because we do not possess a legal aid franchise. There may also be a conflict of interest which prevents us from accepting your instructions. If you are thinking of instructing Blake Morgan you should contact us.
How do I get my documents back?
The normal application comprises three parts:
- The authority - For the protection of the intervened firm's previous clients we require that all applications to release documents expressly state that we are authorised to release the files. You can download the form at the bottom of the page. This authorisation must be signed by the person to whom the file relates. If the intervened firm was instructed by more than one person then all of those people must sign an authority form. If you are claiming a file back on behalf of somebody else see further down this page for information.
- Photographic identification - To make sure we are releasing the files to the correct person we require applications to include a copy of photographic identification (such as a drivers licence or passport). Please do not send to us original documentation. If the intervened firm was instructed by more than one person then all of these people must provide copy photographic identification.
- Proof of address - To make sure we are releasing the file to the correct address we require applications to be supported by proof of address (such as a copy of a bank statement or recent utility bill). Please do not send to us original documentation. If the more than one person instructed the intervened firm, they must all provide proof of address.
Ways of submitting your application
You can request the return of your documents, Wills, deeds or files in a number of different ways.
- The quickest way to submit your application is to print off and complete the document release application and then send it back to us along with your identification documents. To download the form below. You can send it by email or fax to 023 8048 0581. Once we have received your completed application form and supporting documents we will send you your documents in the post.
- Alternatively you can print off the application, complete it and send it to our office by post along with proof of identification and proof of address by post to: Intervention team, Blake Morgan, New Kings Court, Tollgate, Chandler's Ford, Eastleigh, SO53 3LG. Once we have received your completed application form and supporting documents we will send you your documents in the post.
- You could come in person to our offices in Southampton, Hampshire during normal business hours to collect your documents. You should arrange an appointment time with us a few days in advance so that we can ensure that your documents and files will be ready for you. Should you wish to do this, please telephone our intervention team on 023 8085 7270. You will still be required to produce photographic identification and proof of address.
How do I get my file released directly to my new solicitor?
If you have already found a new solicitor you can authorise us to release your documents directly to them. In order for us to do this, you should fill in an application in the normal way and submit it to us either by email, fax, by post or in person. In your application you should make it clear that you are giving us authority to release the documents to your new solicitors and give us their name and address.
If you wish to have your documents released directly to a new solicitor we also require that the new solicitor gives us an undertaking on release of the files. This form, called Solicitors Undertaking on release of files can be downloaded below.
Please note that if your file is legally aided your new solicitor's firm must be in possession of a Legal Aid Franchise.
How do I claim my documents back if my file is a conveyancing matter?
It is normally the case in conveyancing matters that your mortgage lender will have jointly instructed the intervened solicitor. We therefore require their authority before we are able to release the files. You should note that mortgage lenders will usually only give authority to release files to other solicitors rather than you personally.
It is your responsibility to contact your mortgage lender and have them provide the authority for us to release the files. If, as is usually the case, we are instructed to release the files to a new firm of solicitors we will also require the usual undertaking from these new solicitors.
How do I claim my documents back if they relate to a company?
If the file relates to a company rather than a person we require that the authority form is signed by a company director and printed on company headed paper. The director must also supply his or her photographic identification and the proof of address must be addressed to the company in whose name the file was held by the intervened firm.
How do I claim documents back on behalf of someone else?
If you wish to apply for the return of any documents on behalf of someone who cannot apply for themselves you will need to provide proof that you are authorised to take possession of the documents.
If the person you are claiming for is a minor you must submit an additional form stating that the person on behalf of whom you are applying is a minor and that you are the legal guardian and are, therefore, authorised to fill in the authority form. A Guardian Authority form can be downloaded below.
If there is more than one legal guardian, they must each fill in a Guardian Authority form as well as following the normal application procedure.
Trustees, executors and administrators
If you are a trustee, executor or administrator of a Will or statutory trust we require you to include proof of your position along with your application. This may comprise a copy of the trust deed, enduring power of attorney, Will or grant of probate.
If other people are named as a trustee, executor or administrator in addition to you we will require their authorisation to release the documents to you. This authority can be given by filling in the usual authorisation form.
How do I ask Blake Morgan to review and store my Will?
If the intervened solicitor held your Wills then we are willing to store your Will for you. There is no charge for this service, but we will not review your Wills before storing them. To request that we continue holding your Wills download the form below.
How much will I have to pay to have my documents returned to me?
There is no charge for having your documents returned to you by standard post.
If, however, you require that your documents to be sent to you by another method, there maybe a charge for that service.
How do I contact Blake Morgan?
By telephone on 023 8085 7270 or email on firstname.lastname@example.org. Our fax number is 023 8048 0581.
Alternatively you can contact us by writing to:
New Kings Court
How do I get more information on interventions?
Visit the Solicitors Regulation Authority website to find out more about interventions.