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Divorce/separation

My solicitor can’t be there!

3 replies

Undisputed56 · 22/01/2018 20:08

Due back in court in about 6 weeks, CAFCASS section 7 repot being done and this will be the hearing following that being written.
Found out today, my solicitor who I think is brilliant and who I trust, can’t be there on the date set.
I don’t want a stand in from the firm, I want my appointed solicitor who I have a rapport with and who knows my case inside and out. Exh will have his solicitor who he has throughout with him so don’t feel it will be entirely fair.
Is there anything I can do? Can the date be changed? I’ve emailed my solicitor to ask but am so stressed by the idea of having a stranger represent me

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MrsBertBibby · 23/01/2018 07:36

Generally the courts are pretty tough about availability of specific advocates, since accommodating their diaries can add to delay. And since advocates are human and get sick without reference to their court commitments.

If you are being offered another solicitor, or a barrister, you could ask for a meeting before the hearing, to get more confident in them.

Experienced advocates are pretty good at getting the detail of a case absorbed and understood, and gaining the client's confidence, It is a cornerstone of what it takes to be a good advocate.

I know It's unsettling for you, but it just isn't true that only your solicitor can understand your case. I've had cases I had to pick up at zero notice (like the one where I had a frantic call from the office half way to court on one case to say the barrister doing another case was stuck on a broken train and could I step in, and do her case too, no papers, no nothing). Both the client I'd been helping for months, and the one I didn't know from Adam went home happy.

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Undisputed56 · 23/01/2018 12:13

Thanks for explaining. It’s just so unsettling and knowing my ex will have his solicitor with him- the solicitor who made a point of sitting opposite me in the waiting room at the last hearing even though there were loads of seats and ex was in another room. I felt very intimidated as he kept staring at me.

I don’t see how someone else can absorb all the little intricate details quickly even though it’s their job or how I can trust them when I don’t know them.
My ex was violent and emotionally abusive and I find it really hard to trust anyone let alone for something as important as my kids.
I’ll feel on the backfoot and my ex will be there all smug because he’ll know I’m unsettled. I just want my solicitor there

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MrsBertBibby · 23/01/2018 19:21

I know, but we really can.

Ask for a meeting with the other solicitor. Let them convince you.

Good luck.

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