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No longer entitled to Legal Aid, can I get copies of docs from Solicitor

(7 Posts)
Collaborate Wed 28-Nov-12 15:26:08

Yes, if you are going to be a private payer.

Almostfree Wed 28-Nov-12 14:33:05

Thanks Collaborate, I'll have a read of that. They had been dealing with some contact issues for me but I can deal with that part myself from now on if they'll just finish off the divorce.

Is it normal for them to ask for money up front?

Collaborate Wed 28-Nov-12 14:10:19

Look at para 11.5 - your case should be over in less than 3 months.

Collaborate Wed 28-Nov-12 14:09:19

You should only do a reassessment on Legal Aid if the change of circumstances is striking and there is still a lot of work to do. Look at paragraph 11 of this:

calculator.communitylegaladvice.org.uk/ecalc/guidance.asp

I wouldn't reassess you given you're right at the end of your case. Point this out to them.

Almostfree Wed 28-Nov-12 13:53:06

Hi, I've not paid anything as I've been on legal aid. They said when I receive the child maintenance next week that puts me over the legal threshold they will close my legal aid file and set up a private one. They said they will need £200 from me up front when they open the private file.

It is at that point that I want to try and do it myself but I haven't got a copy of the Consent Order/forms I signed.

Overcooked Wed 28-Nov-12 10:16:12

If you have fully paid your bill then your solicitor must release a copy of their file to you, if not then they are entitled to keep hold until you have paid your bill.

Almostfree Wed 28-Nov-12 10:13:38

Hi, my first post here and I'm hoping one of you can help.

My decree nisi is being pronounced today (all being well). I have a solicitor but when stbxh starts paying me increased child maintenance next week, I won't be entitled to legal aid anymore.

My solicitor drafted a Consent Order for a clean break (we have no assets) and it is with stbxh's solicitors for him to sign. They've had it since Sept and I've been asking my solicitors to chase it and the statement of information.

My question is can I ask my solicitor for a copy of the consent order & statement of information so that I can pursue stbxh myself once my legal aid has expired? I need to get this wrapped up asap (for my own closure and also because a relative is ill and if I inherit any of their estate I don't want stbxh to try and make a claim on it).

My solicitors have made several admin-type errors throughout my divorce (which has taken almost a year to get this far, even though with no assets to argue over it should have been straightforward). For example they told me my nisi was pronounced on 6 Nov, and when they wouldn't send me a copy of it I phoned the court and discovered it was happening today. Back in September they'd told me they'd submitted application for Nisi to Court and when I chased it 5 weeks later I found it hadn't been submitted. Previously they had papers returned from Court because of discrepancies in the dates of signatures etc. even though I'd alerted them to this beforehand. All of this has caused signifcant delays.

I want to appy for the absolute myself (signed the form already and it's with my solicitor) and the Consent Order. Just need to know if I'm entitled to ask my solicitor for copies of everything I've signed and the CO they've prepared so I can do it myself from now on.

Sorry if that's rambling, getting really anxious about it all (stbxh is abusive) and just want it all finished.

Thanks in advance

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