Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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
NotDavidTennant · 27/04/2024 10:43

IME most bad advice on Mumsnet gets contradicted fairly quickly.

It's a bit misleading to go off a single post that says something like "change the locks" and ignore all the posts that come after saying, "no, you can't change the locks".

AgnesX · 27/04/2024 10:40

harriethoyle · 27/04/2024 10:15

I think was a joke @AgnesX ... 👀

Missed it completely, only one coffee this morning 😔

AgnesX · 27/04/2024 10:39

IsadoraQuagmire · 27/04/2024 10:13

The poster was joking!

Missed that completely 😞

Olivegardenishome · 27/04/2024 10:39

Ohhh yes, I feel you and agree wholeheartedly!

I deeply cringe when I see replies on mumsnet "I'm a lawyer" and then proceed to give 'legal advice', which I know is totally incorrect...but I have to bite my tongue/sit on my hands.

It will not stop though.

NoisySnail · 27/04/2024 10:34

The not putting an unmarried father on a birth certificate can work if you know he would not really be arsed. So put a few barriers in his way that are easily overcome and he will give up.

MrsPinkCock · 27/04/2024 10:29

WoshPank · 27/04/2024 09:34

I don't doubt it. Lawyer isn't a protected term, and a paralegal is just as entitled to use it as a solicitor, legal exec or barrister would be. Meaning the use of the term 'lawyer' is usually telling!

There is a duty not to mislead the public though under both the SRA CoC and CILEX regulation. Theoretically either can take action against members (or law firm employees who aren’t registered) who call themselves a lawyer without being a barrister, qualified solicitor or CILEX chartered executive. I know firms I’ve worked for wouldn’t allow anyone non qualified to call themselves a lawyer.

I work in employment law though and we all tend to call ourselves “employment lawyers” not “employment solicitors”. I’m not really sure why!

But anyway OP YANBU. The amount of poor advice spouted on the work board is shocking.

“Record the meeting!” being a particular favourite. Along with “it won’t be admissible in court!” plus “speak to ACAS” - no, they’re unqualified call centre workers who read from a script.

Seeline · 27/04/2024 10:26

Planning is another area where completely incorrect information is given. People got PP for a conservatory 20 years ago and think they know everything. Most don't even understand the difference between PP and Building Regs. Very few seem to know that professional chartered town planners exist and advise speaking to architects, surveyors etc. Are adamant on issues that that can't be considered in objections, usually incorrect again.

anythinginapinch · 27/04/2024 10:22

LeaveTheClocksAlone · 27/04/2024 08:42

I do genuinely have a law degree.

sent from iphon

I saw what you did there :)

Misthios · 27/04/2024 10:22

I totally get what you're saying OP but everyone thinks they're an expert. I'm not a lawyer but I do know quite a bit about (for example) the ins and outs of being self-employed, and the ins and outs of DBS checks.

The amount of incorrect advice given is amazing, usually from people who have read something once, or think they know the score and confidently state that it is ILLEGAL not to have a DBS check to be a parent helper on a school trip, or that legally you have to pay your self-employed cleaner when she's off sick.

To be fair though, anyone who takes advice from randomers online on a serious issue such as dealings in the family court or disputes with HMRC is naive at best, downright stupid at worst.

CelesteCunningham · 27/04/2024 10:21

ClareBlue · 27/04/2024 10:01

People in desperate situations never having instructed a solicitor before turning to an online forum isn't to be unexpected. Of course they get bad advice, same as doctors have to deal with Dr Google, same as every profession has to deal with this now.
You can not stop it. Your profession should be adjusting to dealing with it as start of the process when you are instructed. It's part of life now for professionals.

Well said.

idreamoftoddlersleepytime · 27/04/2024 10:21

I'd go a bit further and say there are people on here who are (or at least claim to be) legally qualified and then go around providing terrible advice on which they know people will rely and base decisions. These posters do it because they've built a bit of a following on certain boards and get off on the praise they receive. I think it's super dangerous (as a lawyer myself) because they've done no compliance before advising, run no conflicts and have taken no proper instructions.

I once saw a thread where one of these characters was advising a man on educational law around school admissions in circumstances where it was red flags galore for DV, and blindingly obvious that the man asking would use what he was being told to try to exert coercive control of his spouse and daughter. The ex wanted to move in with her mum in a nearby town and register for school there (reception year). The OP said it was about 20 minutes away and he wanted to keep them in his town. The OP was blatantly looking for ways to scupper the schools admission process. It was just awful. It got to a point where three the OP had admitted that his ex was unwilling to be in the house with him and slept in a locked room, and on and on the "advisor" went, taking real umbridge at the fact anyone would question him and his credentials. And refusing to acknowledge the issues with what he was doing.

alongwaytobed · 27/04/2024 10:20

YANBU, often you see people posting
'Don't worry, you can stay in the house, oh and you'll get half his pension, and of course you can stay part time earning low wages, he'll have to support you financially'

Yes of course people should be responsible and understand Mumsnet is not a reliable source of information but I'm staggered by just how crap some of the 'advice' is. I'm sure many people just post what they would like to believe rather than even doing the most basic research

Hateam · 27/04/2024 10:19

Just for balance, I am going through a difficult time due to my wife's health and I have received some excellent advice in relation to a complex hospital discharge from people who have been through similar circumstances.

I think you have to be selective and apply some common sense and intelligence when using anonymous Internet forums.

harriethoyle · 27/04/2024 10:15

I think was a joke @AgnesX ... 👀

IsadoraQuagmire · 27/04/2024 10:13

AgnesX · 27/04/2024 09:35

What's one of them then. You're legally married or you're not. Shacking up with someone, regardless of whether it's for 2 years or 20, gives you no rights at all.

Feel free to disabuse me of this.

The poster was joking!

pearlevu · 27/04/2024 10:10

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!!!

Right but it's like going to the drs with a weird rash and saying look this is what I'm worried about and showing them a screenshot of a sepsis rash. And then the Dr knows what's on their mind and can go ah no its just the washing up liquid

AnneElliott · 27/04/2024 10:06

I agree with you. But loads of people post all sorts of shit on here about things they know nothing about - think it goes with the territory!

Posters should not be relying on what is said on here as literally posters can they're all sorts of qualified and there's no way of checking.

pearlevu · 27/04/2024 10:04

CheeryPye · 27/04/2024 08:37

To be fair half the problem lies in, people believing they are actually getting proper legal advice on here. It says at the top of every page that MN hasn't checked the credentials of anyone.

100% this. People have to take their own responsibility. If you ask on mumsnet and take the advice of random unvetted strangers as the truth of the matter then that's on them.

Heynonymouse · 27/04/2024 10:02

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?

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 ...

ClareBlue · 27/04/2024 10:01

People in desperate situations never having instructed a solicitor before turning to an online forum isn't to be unexpected. Of course they get bad advice, same as doctors have to deal with Dr Google, same as every profession has to deal with this now.
You can not stop it. Your profession should be adjusting to dealing with it as start of the process when you are instructed. It's part of life now for professionals.

catgirl1976 · 27/04/2024 09:58

YANBU. I work in HR and the amount of times I see people on here saying “oh they can’t sack you for that” or “disability related sickness can’t count to triggers” or “you can’t be sacked if you’re pregnant”, “get a union rep and they’ll change their minds” and all sorts of nonsense.

The actually advice in nearly every case is “it depends”. It depends on your contradict, how long you’ve worked there, what’s gone before, the actual circumstances not the paragraph you’ve shared on MN and thousands of other things. But people spout forth.

Also “ ring ACAS” which should be good advice but they are bloody useless

VestibuleVirgin · 27/04/2024 09:57

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?

Yep, typos fine, but then to not bother reading my response, but to rant about using a solicitor compunded the issue.
Which as I said, worrying from a solicitor.

Testina · 27/04/2024 09:53

“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.”

That simply wasn’t true in my case. It was 30 mins not an hour. And it was hardly detailed free legal advice - more a sense check that you weren’t asking about a divorce having misunderstood what legal process you needed for a fence dispute 🤣 It was 5 years ago. The person I met with (small town satellite office of a medium sized firm) was definitely a solicitor who then went on to handle my case.

You are right that most of what is posted on here is bollocks - but that’s the fun of it sometimes!

AnxiousRabbit · 27/04/2024 09:50

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.

I have seen people advising this "free hour" as if you can get an hour with one firm, then go next door to a different firm and pick up where you left off....working through all the local solicitors until you are sorted 😂

The free hour is obviously mostly a loss leader/intro to get new clients in, as well as letting both teh potential client and the firm assess what options there are.
I would choose which firms you go to for this "free advice" carefully because you want to trust it and if you proceed ideally it will be with one them.

BathshebaEverdene1 · 27/04/2024 09:46

I know of at least 2 women who have half an hour free with a solicitor recently.
I wish people would just just stop spouting ill informed opinion as though it were fact.