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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
7
CelesteCunningham · 27/04/2024 12:04

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.

But they have no idea of knowing if those two people do actually know what they're talking about. No one sensible would give detailed advice in their own profession on here, and no one sensible would act on advice from here because they think a solicitor/doctor/accountant posted it.

200 posts advising OP that she has been hard done by and giving her the confidence to seek some form of resolution may actually be more useful.

VivX · 27/04/2024 12:00

PoisonMaple · 27/04/2024 09:43

Clearly a typo: understating was supposed to say UNDERSTANDING.
Understating a case makes zero sense in this context. But let's not apply common sense.

Would you like some help with that stick?

You completely missed @VestibuleVirgin's point that you had made a somewhat unfortunate spelling error.

I'd be wary of engaging a lawyer who was so unable to understand this basic point.

Instead you went off on a tangent about paralegals and then after your original spelling error had to be explicitly explained to you, you doubled-down.

I'm not sure it is Vestible who is lacking in common sense here.

m00rfarm · 27/04/2024 11:58

Starbugg · 27/04/2024 11:53

Her praise of paralegals actually makes me think she is one herself. I don’t think she actually claims to be a lawyer - only talks about her clients, which a paralegal would be able to do too.

No - she clearly intimates that she is a lawyer - "we are in court, a lot."

To ask that people STOP giving incorrect Legal advice!!!
CandiedPrincess · 27/04/2024 11:57

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

I'm confused about that part, because you can? Unless it's changed since I got divorced a couple of years ago.

Shiningout · 27/04/2024 11:57

I feel like this with the medical threads, I'm no longer in the medical professional but I cringe when I see people giving downright dangerous advice on here, so confidently!

Gonnagetgoingreturnsagain · 27/04/2024 11:54

Misthios · 27/04/2024 11:48

I do feel sorry for HR people as lots of MN posters seem to think they are a one-stop conflict resolution service. My colleague is slurping her tea too loudly - go to HR. I don't like my manager's new policy to filing - go to HR. My manager says I'm not allowed to work from home caring for my six week old triplets - go to HR. I've been sacked for stealing the day's takings out of the till - go to HR.

As if HR will sort it all out with a wave of their magic wand, and always find in favour of the employee. Madness.

But there are some qualified HR experts here. Sometimes they will advise or sometimes they won't. I have had some 'advice' from posters who work in HR here in the past.

Starbugg · 27/04/2024 11:53

m00rfarm · 27/04/2024 11:38

For a lawyer, the typos, spelling and grammar actually make me a little wary of this poster. Edited to add, I can see other people have picked up on this. Surely the word "guarantee" is one that is commonplace in a lawyer's office? As is pro bono and not pro-bono.

Edited

Her praise of paralegals actually makes me think she is one herself. I don’t think she actually claims to be a lawyer - only talks about her clients, which a paralegal would be able to do too.

Gonnagetgoingreturnsagain · 27/04/2024 11:52

PoisonMaple · 27/04/2024 08:29

This is accurate, except you don't get an hour and you are not talking to a solicitor, we are fee earners, meaning our time is billable, and we are in court, a lot.

We have fantastic Paralegal's who will spend time understating your issues, tell you what your options are in terms of next steps (process only, not advice), and then leave it with you.

You will not get a free hour anywhere with a qualified solicitor unless they are available pro-bono and you are eligible.

That's rubbish. Depending on the firm, and a lot now WFH, a lot of qualified solicitors, do offer at least a free 30 min or hour consultation slot, this is from law firms where I've worked and used in the past. It was not for Pro-Bono work or for eligible clients either. We didn't take legal aid clients either.

However, from my experience, this 'free' service is mostly to gauge what the client wants, especially if it's re divorce and usually it's not giving any concrete advice, it's just a 'tempter' appointment and a way to draw the client back into considering using them for their e.g. divorce.

For conveyancing never is this offered.

Employment law, maybe. I once back in early 00, saw a very good employment lawyer (2 of them actually) in Minories area I think, who gave me some good and free advice (which I used), and I actually would have used that firm going forwards for my employment law case if I'd had one (I didn't need them/it after all).

You do get some lawyers who never ever offer free advice, but there are some who are more human who sometimes do this, only because it's a way they could get work now, or in the future, or get a recommendation. It also depends on how busy their day/week is. If they're very busy then of course they won't/can't offer this then.

From what I recall too, advice/information/knowledge varies all the time. When you factor in how often the law and legal rules around areas of law changes (spent many hours changing the Lexis Nexis/Dentons filing books) and how with complex law, it's not straightforward and often a more experienced lawyer (like my ex boss, 88 years old then) will be able to advise/assist younger, less experienced lawyers/paralegals on certain areas of law, then it can be very complex indeed and you are paying (from my experience) from a lawyer's information and knowledge. Any initial 'advice' you may choose to give, as a lawyer, from your own time, will be purely (again in my experience) very loose initial advice as it's there to reel you in, to sign up the client for the case and then start billing them, or fixed fee, depending which it is.

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.

Misthios · 27/04/2024 11:49

MN does put disclaimers. The Legal matters forum says : Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Similar on dedicated medical boards. But most people don't post there, they put threads in Relationships or Chat or AIBU for "traffic".

fleurcamomille · 27/04/2024 11:49

LeaveTheClocksAlone · 27/04/2024 08:42

I do genuinely have a law degree.

sent from iphon

😭😂😂

Sahara123 · 27/04/2024 11:48

To be honest I’d have more confidence that someone has some kind of law experience if they could spell guarantee and Paralegal’s - what ?!
I’ll get my coat ..

Misthios · 27/04/2024 11:48

Behappyplease · 27/04/2024 11:36

It is the same with employment issues, as someone who works in HR I cringe when I see some of the crap dished out on here. It is setting people up with the wrong expectations.

I do feel sorry for HR people as lots of MN posters seem to think they are a one-stop conflict resolution service. My colleague is slurping her tea too loudly - go to HR. I don't like my manager's new policy to filing - go to HR. My manager says I'm not allowed to work from home caring for my six week old triplets - go to HR. I've been sacked for stealing the day's takings out of the till - go to HR.

As if HR will sort it all out with a wave of their magic wand, and always find in favour of the employee. Madness.

pearlevu · 27/04/2024 11:44

ZsaZsaTheCat · 27/04/2024 11:42

Ditto maternity advice as I keep seeing on here 😱

The ones that say it's fine your baby hasn't moved for 4 hours just have a glass of water scare me

ZsaZsaTheCat · 27/04/2024 11:42

Ditto maternity advice as I keep seeing on here 😱

Gonnagetgoingreturnsagain · 27/04/2024 11:41

Starbugg · 27/04/2024 11:31

I’m a lawyer, but it’s the medical advice on MN that worries me much more.

There was a thread recently where the OP’s daughter was still unwell after being on antibiotics (I think, might be misremembering). In any event, everyone told her to go to A&E and that it must be sepsis. Her daughter was tested and it came back fine but then everyone said no, the doctors are wrong, it’s sepsis so get a second opinion.

She was refusing to be discharged because Mumsnet told her it’s sepsis. It’s absolutely bonkers on here sometimes.

Well either MN puts caveats at the top of posts/boards saying 'seek professional advice rather than listen to advice given by random posters' or they don't.

Gonnagetgoingreturnsagain · 27/04/2024 11:40

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.

I agree with you to a certain degree. Having worked with solicitors who deal in divorce and family matters, every case is different.

However, I've known of 2 men recently (one is an old friend, one I went on a date with), both of whom let their wives have their houses, not being sold any time soon in the future. Both DH's have told me, they're simply giving up the rights to the houses. In both cases, 1 man has 2 younger teenage DD's so they need to be housed, but their house is NOT being sold at a later date so he can buy.

The second man has a child who's a teenager living at home and at college, again, house NOT being sold at a later date so he can buy.

No idea why they came to this arrangement. Maybe the ex-wives both bought their ex-husbands' shares of the property, maybe that was the agreement, I didn't push further for info as not my business. If I'd wanted to know about divorce/matrimony cases I'd have trained as a lawyer in this area but I can't stand /don't have the patience to listen to people whinge on about their exes (my ex-colleague who worked in this area, half his time was spent listening to ex-DH's/DW's whinge on about the exes, but he billed them for this time, so...) especially when sometimes they're doing this to stall on actual action.

Maybe in both cases, the husbands both had affairs (I think so, from my point of view, what I heard) and behaved badly, so decided to let their ex-wives keep the houses then to be fair.

I would always say, go to see a solicitor about this and not rely on MN advice, but there's nothing wrong in people giving their experiences here. You would have to be spectacularly stupid though, to believe everything you read on MN, especially re legal advice!

BathshebaEverdene1 · 27/04/2024 11:39

m00rfarm · 27/04/2024 11:38

For a lawyer, the typos, spelling and grammar actually make me a little wary of this poster. Edited to add, I can see other people have picked up on this. Surely the word "guarantee" is one that is commonplace in a lawyer's office? As is pro bono and not pro-bono.

Edited

Well I did wonder to be honest.

m00rfarm · 27/04/2024 11:38

VestibuleVirgin · 27/04/2024 08:50

I would be very concerned if a paralegal was understating my issues.

For a lawyer, the typos, spelling and grammar actually make me a little wary of this poster. Edited to add, I can see other people have picked up on this. Surely the word "guarantee" is one that is commonplace in a lawyer's office? As is pro bono and not pro-bono.

Behappyplease · 27/04/2024 11:36

It is the same with employment issues, as someone who works in HR I cringe when I see some of the crap dished out on here. It is setting people up with the wrong expectations.

VivX · 27/04/2024 11:36

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.

Exactly this. The OP seems to think because they haven't seen it, then it must not be true but lots of professional firms will give a free one hour consultation; it's simply a form of marketing.

Maelil01 · 27/04/2024 11:35

PoisonMaple · 27/04/2024 08:24

I understand this, but someone who is going to be hard work in finances is going to do that regardless of what you have access to. I'm not saying it isn't helpful, I'm just saying it doesn't garauntee a thing.

I've got clients who after the wisdom of advice given on Mumsnet, will come to me with all their 'evidence', and a vast majority is irrelevant and just takes up my time, they get billed for that time and undoing the myths they've been told only causes harm to them at an already very, very difficult time.

Clients show me screenshots of 'advice' from Mumsnet!!!

It’s “guaranteed”

Theredfoxfliesatmidnight · 27/04/2024 11:34

89redballoons · 27/04/2024 08:26

As a rule of thumb, no-one who is actually legally qualified and practising would (or should) give free legal advice on a public Internet forum about a specific case.

They'd also be able to spell "guarantee".

Starbugg · 27/04/2024 11:31

I’m a lawyer, but it’s the medical advice on MN that worries me much more.

There was a thread recently where the OP’s daughter was still unwell after being on antibiotics (I think, might be misremembering). In any event, everyone told her to go to A&E and that it must be sepsis. Her daughter was tested and it came back fine but then everyone said no, the doctors are wrong, it’s sepsis so get a second opinion.

She was refusing to be discharged because Mumsnet told her it’s sepsis. It’s absolutely bonkers on here sometimes.

theduchessofspork · 27/04/2024 10:47

Well yes, but that’s true of medical advice also, it’s just how forums are.

Most advice does end with see a solicitor, so I think it gets sorted quickly

Get your ducks in a row just means make a plan, which is sensible