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Help! Solicitor has told me that they might be negligent!

(9 Posts)
fimac1 Sun 04-Nov-12 17:49:49

Had a round the table meeting between our two solicitors which ended up with me getting 60% of profit from family home, senior solicitor mentioned getting their insurers in if they decide they have been negligent – what do I do now?

Collaborate Sun 04-Nov-12 20:06:54

You need to get advice from a family law specialist solicitor to see if they have been negligent. Why do you think they've been negligent? Why did the solicitor say this? Are you dissatisfied with the settlement?

fimac1 Sun 04-Nov-12 20:33:24

Hi, I went back after the round the table to say that I thought 60% was unfair and that I felt under duress in the meeting to agree, senior said it seemed unfair (no spousal maintenance for instance) and I will require large mortgage to get a house, I am 50 - payments were worked out over 20 years for instance, senior agreed with me which I was surprised about tbh

fimac1 Sat 10-Nov-12 09:44:46

Am now considering whether to go into dispute with my solicitor over their handling of my divorce and the outcome of the round the table meeting, which didn't address any of the issues I wanted included in the divorce settlement (spousal maintenance, share of profits in husbands business, and and fair share of the proceeds of the family home) Has anyone got any experience of this? I have no ideal whether to just go with what was laid out on 25th October which leaves me short to buy a modest 3 bed for me and my two teenagers, or start again with another solicitor sad

UnbridledPositivity Sat 10-Nov-12 22:42:06

AFAIK, solicitors have to inform you if there is the slightest possibility that they may have been negligent, that's how the rules work. It would be very bad for them if they have indeed been negligent as you could cause all sorts of problems, which could potentially lead to them losing a lot of money, which could bankrupt the entire firm, or drastic increase of insurance costs for them, which could also mean that they'd have to shut the firm down.

I'm not sure I understand your situation. If you have been generally ok with your solicitor, stay with them. If they have massively pissed you off, change firms. But if there's a chance that they have been negligent, they would probably bend over backwards for you to put things right.

fimac1 Sun 11-Nov-12 10:13:41

The Senior Collaborative Solicitor told me she thought they had been negligent during the meeting I had with her, post round the table, said she would have to go away and speak to my actual solicitor and has emailed me with why they think the settlement is ok (although on the 'low end of normal'). My solicitor has actually lied and said that she told me to 'go away and think about the proposal' which she certainly didn't, otherwise I wouldn't be in the position I am in.

olgaga Tue 13-Nov-12 12:09:54

I think your solicitor has been negligent. You should have received more - the settlement is based on needs. It sounds as though these weren't properly examined. If the settlement is insufficient for you to meet your housing needs, then it should be revisited.

I'd pursue it if I were you.

Collaborate Tue 13-Nov-12 13:21:27

I have replied to OP's PMs to say that she must go to another firm of solicitors to get a view on whether they have been negligent. It's impossible to say if they have based on the info given. Clearly there are concerns.

fimac1 Sat 17-Nov-12 10:53:27

Many thanks to Collaborate, I went to see a solicitor last wednesday (partner in firm and deals mainly with litigation issues and financial issues in divorce) after an hour she said she wants to represent me: no win no fee basis, she said I couldn't have got a lower offer if I had tried, and its not even 60/40. I am now severely depressed over it all, no chance of getting out of what my previous solicitor agreed for me, to be honest she may as well have represented my husband as she did nothing for me and the kids.

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