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To ask that people STOP giving incorrect Legal advice!!!

241 replies

PoisonMaple · 27/04/2024 08:14

I see this time and time again.

Stop it. Especially in family matters.

I get it, some information is generic and helpful, but seriously, the details!!! Stop it. These are people who are struggling and looking for understanding, give it, but stop giving Legal advice unless you're qualified to do so.

No, you are not garaunteed spousal maintenance.

No, you cannot name the OM/OW in Proceedings.

No, you cannot delay your divorce to force the other side into financial disclosure.

No, you are not going to get to keep the house because you've been at home with children. Even if you do get the house, it'll be for a set period of time until the Courts deem that you need to sell or find an agreement which allows the other sides longterm housing needs to also be met.

No, you cannot just 'get his payslips,' get your 'ducks' in a row, screenshot the messages, and then assume that you'll get a better settlement with all this evidence. You won't.

'Custody' is not a thing. Your child(ren) will live with and spend time with.

No, you cannot ensure PR remains only yours. A Declaration of Parentage is simple and straightforward, as is the process to prove you're a parent and get PR, even abusers are entitled to that. It does not guarantee contact, but you can't stop PR by not adding to a birth certificate. Especially if the other side is persistent and wants that right.

I understand more than most how emotive a marriage/relationship breakdown is, both the human and legal aspect of it.

The bottom line is this, every matter is different. The process may start off the same, but the outcome is not the same each time and never garaunteed. A settlement that I can get for 1 client is absolutely not going to be the case for another client, even if their circumstances are the same.

OP posts:
Thread gallery
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TheFormidableMrsC · 27/04/2024 14:35

ProfessorSlocombe · 27/04/2024 14:33

As a lawyer, could I ask that everyone ignore the OP and continue giving really bad legal advice so I have a steady income please ?

Touché 🤣

whoneedssixteen · 27/04/2024 14:35

ProfessorSlocombe · 27/04/2024 14:33

As a lawyer, could I ask that everyone ignore the OP and continue giving really bad legal advice so I have a steady income please ?

😁

PrincessTeaSet · 27/04/2024 14:34

Herdingcatz · 27/04/2024 09:09

I’m not sure that you can write a thread bemoaning incorrect advice online and then write something that is incorrect and based only on your own work experience. You say that you are not getting free advice from a solicitor- but there are firms who do offer this as part of their way of sourcing new business and people here have used that?

Your firm might not offer it, other firms might offer different things- different length consults, consults with different levels of staff. But I don’t think you can say something doesn’t exist simply because you haven’t seen it.

Pretty sure from the style and bad grammar the OP isn't actually a solicitor. More likely a receptionist that has experience in a single solicitors' firm.

ProfessorSlocombe · 27/04/2024 14:33

As a lawyer, could I ask that everyone ignore the OP and continue giving really bad legal advice so I have a steady income please ?

YourWiseGreenAnt · 27/04/2024 14:33

Anyone who gets legal advice from layperson is getting better advice than my mate has received from hugely expensive professionals. He owns his house - he has paid for it! His neighbour tried to defraud him out of his land and when he looked into it he found that the LR had registered part of his and to his neighbour. He investigated and found that when his neighbour's property was registered, it was done on forged papers - that means the neighbour's registration was void. He wrote and complained to the LR and managed to get the land removed from his neighbour. But the neighbour had taken him to court while the LR were still investigating the matter. When he got to court - they refused to allow his evidence, he was not allowed to speak in court and he was not allowed to give a statement, he had a duff solicitor who had not sent in papers to court when he should have done, he had got another solicitor costing £6000 who did nothing, he got a barrister who was too terrified of the judge to speak on his behalf. His neighbour's solicitor was greedy and talked my mate out of seeking relief from sanctions, The neighbour's counsel in court took a document out of his disallowed evidence and misdirected the court on the facts in favour of his client, and the judge believed him. He lost his case and had £54000 to pay - he does not owe the money they will not listen to his evidence, he is now unemployed and he has a charging order on his house, He has done nothing wrong! Get out of that one! Many lay people know far more about the law than legal people! I told him, to send his story to the papers - it will be the story of the year.

Willyoujustbequiet · 27/04/2024 14:31

PoisonMaple · 27/04/2024 08:14

I see this time and time again.

Stop it. Especially in family matters.

I get it, some information is generic and helpful, but seriously, the details!!! Stop it. These are people who are struggling and looking for understanding, give it, but stop giving Legal advice unless you're qualified to do so.

No, you are not garaunteed spousal maintenance.

No, you cannot name the OM/OW in Proceedings.

No, you cannot delay your divorce to force the other side into financial disclosure.

No, you are not going to get to keep the house because you've been at home with children. Even if you do get the house, it'll be for a set period of time until the Courts deem that you need to sell or find an agreement which allows the other sides longterm housing needs to also be met.

No, you cannot just 'get his payslips,' get your 'ducks' in a row, screenshot the messages, and then assume that you'll get a better settlement with all this evidence. You won't.

'Custody' is not a thing. Your child(ren) will live with and spend time with.

No, you cannot ensure PR remains only yours. A Declaration of Parentage is simple and straightforward, as is the process to prove you're a parent and get PR, even abusers are entitled to that. It does not guarantee contact, but you can't stop PR by not adding to a birth certificate. Especially if the other side is persistent and wants that right.

I understand more than most how emotive a marriage/relationship breakdown is, both the human and legal aspect of it.

The bottom line is this, every matter is different. The process may start off the same, but the outcome is not the same each time and never garaunteed. A settlement that I can get for 1 client is absolutely not going to be the case for another client, even if their circumstances are the same.

Some of this is inaccurate OP.

You absolutely can be awarded the house because you are at home with the children without a mesher/having to sell at a later date. I was.

My ex also named my partner in proceedings.

TheFormidableMrsC · 27/04/2024 14:30

I hear you OP. I am not a solicitor but I had to learn family law inside out to represent myself effectively in court during a very protracted and difficult divorce/ancillary relief proceedings. If I give advice on here, it's factual and if I'm unsure, I won't say anything. I've seen some horribly incorrect advice on here, meant with kindness, but misleading nonetheless.

Recently I was asked for advice by a school mum who was aghast that her ex husband was not going to be ordered to pay her mortgage, forgo settlement from the family home and have to pay substantial spousal on top. This was all on £30k a year. However, somebody had told her that this was fact and I'm afraid I had to put her straight.

The one thing I would say is that I do agree that it's wise to gather up information quietly if you can. I regret not doing this. It made my case very difficult with an uncooperative respondent. Of course this isn't possible for everybody.

burnoutbabe · 27/04/2024 14:26

Surely having sone idea of your partners finances is a good idea? Proof of a bank statement or savings account or pension statement.

Just so you know if they hide the information later down the line.

That's practical advice, not legal advice.

frankentall · 27/04/2024 14:25

YANBU and it applies to motoring, consumer rights and especially matters around payroll, tax and employment rights, there is utter shit spouted on here that is the diametric opposite of the true position on most threads.

Freakinfraser · 27/04/2024 14:21

To be honest I agree, I mean asking a public forum is never going to go well, but am often stunned at th4 stuff I read.

the common law wife myth, through to the get all your ducks in a row nonsense that people trot out, record him, photograph his documents, snoop on his phone, you will get a mesher order, you can keep th4 house, you can have such a high percentage as you don’t work, some people act like they are James bloody bond.

Wonderwater2 · 27/04/2024 14:21

Understatedcarriage · 27/04/2024 14:13

Nurses and doctors are very different. Completely different roles and skill sets. Not at all similar to the relationship between Paralegals and solicitors.

I think there is some similarity though.
I hurt my hand at the weekend, I went to a+e and saw once clinician throughout. She triaged me, sent me off for an xray, told me the results, cleaned my wound, steristripped it, strapped it and gave me antibiotics

She was a nurse. I didn't see a Dr face to face throughout. I'm not sure if she was a nurse prescriber, or was working with a Dr but you'd be 100% forgiven for blurring the nurse Dr role.

There's plenty of people who would have no idea that the people they saw in A+E were nurse consultants, paramedics, advanced practitioners, nurse prescribers etc and assume they were drs

In the same way people assume most people in a solicitors office are solicitors and don't realise they encountered a paralegal

Wonderwater2 · 27/04/2024 14:14

I think it's the same of whatever area your expertise is. You assume advice/the media/others are correct even though they frequently arent

For example I know a fair amount about native uk animals, and see lots of inaccurate information being given out everywhere from mums net to my local mp for example. I clearly see news reports widely shared that have massive inaccuracies that make the whole story likely fake

However.....

I don't see this when it's a subject I don't know well, I assume that that news article is right, I end up goggling for advice etc

It's like an odd mix of optimism and naivety

Understatedcarriage · 27/04/2024 14:13

PoisonMaple · 27/04/2024 09:04

Then you should make sure you pay for a 1 hour private hourly rate appointment with a practising Solicitor.

95% of firms operate with Paralegals, they're like the Nurses for the Dr.

Your first contact will be reception, and you will then be talking with a Paraleglal about your issue.

A fee earning Solicitor will not sit there and talk to people who they are not instructed by, legal aid or not as their time is chargeable.

The general public will call a firm for guidance. You are not getting that for free from a Solicitor.

Further, Paralegal's are the future Solicitor's of the legal sector. Some are more knowledgeable than the qualified Solicitor's that they support!

Don't turn your nose up at them.

Nurses and doctors are very different. Completely different roles and skill sets. Not at all similar to the relationship between Paralegals and solicitors.

DontPlayInMySandbox · 27/04/2024 14:04

.

TheCadoganArms · 27/04/2024 14:01

Exercise and dietary advice on here is often appalling if not outright dangerous.

Thistooshallpsss · 27/04/2024 13:58

I would just add advice on benefits is very frequently wrong there are good free sources of information out there and as with other issues the answer is probably it depends

VestibuleVirgin · 27/04/2024 13:54

saveforthat · 27/04/2024 13:17

See I thought you meant undertaking so not just common sense but mind reading required.

Yep, comprehension (because most of us do understand context!) wasn't the problem, it was being lectured by an 'expert' who then couldn't see the irony of the typo in that context...
😀

Grumblevision · 27/04/2024 13:53

Misthios · 27/04/2024 11:51

I think people would prefer to get 200 responses on AIBU along the lines of "that's awful, poor you, sue for damages and you're entitled to six weeks off work" than posting on a forum for dedicated legal advice, and getting 2 responses from people who do actually know what they're on about.

Yes, I think there's a soothing effect that's being sought out, that cushions the reality of what has to happen. The difficulty is when this becomes accepted as reality. I stopped expecting actual useful advice from any kind of forum a long time ago.

TheCadoganArms · 27/04/2024 13:51

Half the fun of this place is reading the half baked crack pot advice dished out by loud ill informed morons thinking they are an authority on a subject because they watched a few episodes of Suits or Ally McBeal.

InSpainTheRain · 27/04/2024 13:51

I think YABU OP. Firstly, you won't stop people doing it so why get het up about it; secondly, why not produce a factsheet for guidance and post it (rather than criticism). Yes every case is different, but what do you think people should do generally? What is worth doing? That could actually help rather than saying what doesn't help.

TulipCat · 27/04/2024 13:50

Meh, MN is an unregulated chat forum. People should take everything with a pinch of salt, be that advice, opinion, anecdotes or recommendations. MN should never be the only place you source information from.

NoWordForFluffy · 27/04/2024 13:44

Heynonymouse · 27/04/2024 10:02

Actually, I'm with VestibleVirgin. The meaning of understate is to reduce the importance or complexity of something.

In the context of legal advice, paralegals understating a case could lead the client to believe their situation could be simply and easily solved in fewer billable hours than would actually be the case. Thus luring them in to accept a contract with a law firm they might not choose otherwise.

Since your clarification, it is now clear this is not what you meant, but understating was not 'clearly a typo' and most certainly does make sense in this context.

As a client of yours, I'd be concerned as to what other typos you'd make ...

Or any other kind of mistake!

Ayesha Vardag, divorce lawyer and President of Vardags, photographed at her office at 10 Old Bailey, London

Firm pledges full support to lawyer over online divorce mistake

Court decision is the kind that makes people run from the profession, Vardags founder says.

https://www.lawgazette.co.uk/news/firm-pledges-full-support-to-lawyer-over-online-divorce-mistake/5119365.article#

changefromhr · 27/04/2024 13:43

Teentitansgo · 27/04/2024 13:18

Not quite the same thing but I feel the same about the HR advice I see on here, which is nearly always terrible until 3 pages in when someone actually gets it right.

Personal opinions on what others should or shouldn't morally expect to be entitled to at work, stated as fact, without any appreciation at all of what the actual legal entitlement is.

Edited

Oh yes! Especially when someone pipes up about adjustments at work, omitting to mention or even understand the word 'reasonable'. People with the 'they can't sack you if you are disabled'. I feel sorry for posters who believed this and got fired.

FriendlyNeighbourhoodAccountant · 27/04/2024 13:41

Moonlane · 27/04/2024 13:33

You can absolutely name the ow or om.

I thought I'd read that you used to be able to if you were divorcing on the grounds of adultery, but last year or the year before they brought in no fault divorces so I don't think you need to give a reason anymore.