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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:
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PoisonMaple · 27/04/2024 09:43

VestibuleVirgin · 27/04/2024 09:38

You have completely missed my point, which is very worrying in a solicitor.
You stated that 'a paralegal will understate your case...'
The point is, understate is the incorrect term; the paralegal point is nothing to do with it.
I hope you aren't based in London just in case I need legal advice. Bit rich to tell people to stop gettimg legal advice from MN when you cannot explain correctly!

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?

OP posts:
Wooloohooloo · 27/04/2024 09:43

I definitely had half an hour's free advice with an actual solicitor as I then went on to use her for my divorce!

burnoutbabe · 27/04/2024 09:43

I do have a recent law degree so sometimes chip in on things I have studied.

But I will always try and link advice or case law to either a government website or the site of a proper law firm who has written an article on the subject.

But that applies to most subjects -always good to back up your facts with a link to a reputable source.

GoldenTrout · 27/04/2024 09:42

ItsFuckingBoringFeedingEveryoneUntilYouDie · 27/04/2024 08:49

H and I separated. I saw two different family solicitors. They were definitely both solicitors, not paralegals. I spent an hour with each. Neither charged me. One, I had full confidence in, the other less so. I used the first one.

It is a service which some solicitors offer, but not all, by any means. For some it appears to be a way to get new clients in the door.

The rest of what you post is fair.

It's ALWAYS a way to get clients through the door. None do it out of the goodness of their hearts. That's not a criticism, you wouldn't accept anyone in business to give freebies unless they perceived a benefit to them.

VestibuleVirgin · 27/04/2024 09:38

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.

You have completely missed my point, which is very worrying in a solicitor.
You stated that 'a paralegal will understate your case...'
The point is, understate is the incorrect term; the paralegal point is nothing to do with it.
I hope you aren't based in London just in case I need legal advice. Bit rich to tell people to stop gettimg legal advice from MN when you cannot explain correctly!

GoodnightAdeline · 27/04/2024 09:35

Agree!

And for the last time you do not ‘press charges’ in England/Wales. You make a complaint to the police and the state decides whether to proceed with a prosecution. Even if the complainant pulls out they can still prosecute. It drives me nuts!

AgnesX · 27/04/2024 09:35

Hateam · 27/04/2024 09:05

Does this apply to Common Law marriages?

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.

WoshPank · 27/04/2024 09:34

Pheasantsmate · 27/04/2024 08:33

Most of the offers I have seen specify that the time is with a lawyer 🤷🏻‍♀️suppose it depends where you go

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!

Blackcats7 · 27/04/2024 09:33

@PoisonMaple I do agree but the problem for many women is that the law is just not accessible anymore. When I went through my first divorce in 2001 I qualified for legal aid. When I went through my second divorce in 2016 when in actually much worse financial/ disability/ abusive situation I did not. I had to apply for a credit card to cover all the thousands of pounds of solicitors fees. It took me years to repay. So these days people try to find out all they can from whoever they can because they can’t afford a solicitors time.

Longma · 27/04/2024 09:29

Most of the offers I have seen specify that the time is with a lawyer

Lawyer is an umbrella term that covers a wide range of experience and qualifications though.

Lawyer doesn't necessarily mean qualified, experienced solicitor.

Megifer · 27/04/2024 09:26

The work board is terrible for this, all the "I've been off sick for 4 months and work now want a welfare meeting" followed by "they can't do this, youre off sick, refuse and speak to a union/ACAS" type posts.....

I just cringe for the person at the thought of them rushing off making themselves look either very combative or just plain silly.

AutumnCrow · 27/04/2024 09:26

I would, if I ruled MN, ban the use of the particular phraseology that ends with 'here'.

'GP here'
'Consultant here'
'Practice nurse with 20 years experience here'
'Top barrister here'
'University professor here'
'Hereditary monarch of a small European state here'

Given that loads of it is made up bollocks, it's irritating, unhelpful and sometimes dangerous. Also irritating are unnecessary apostrophes in plurals. Just saying.

Familylawso1icitor · 27/04/2024 09:21

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.

Not how we run it in my firm and I’m a partner in one of the largest family teams in the country (so I say, but I could also be anyone). I’m surprised you think it’s the same in so many firms. Different firms do things differently and there are regional differences. Anyone who calls us gets some time on the phone with a senior solicitor who is at least 3 years PQE. If we can’t help we will signpost, to a free resource or legal aid firm if our fees are an issue or another firm if it’s not a family issue or a conflict. I’ll often give some nuggets of generic advice in that call particularly if I want the client, I’m selling us. If we can’t help it’s a quick call, if it’s a high net worth case I want it’s going to be a longer call. It’s part of our marketing strategy as are the cross-referrals to other firms. I do know of a local firm who gives a free initial meeting, it’s the only marketing they do and they’re very successful. We don’t do that but I give some value in the first call, at least in explaining how we work and whether it’s worth booking for a full consultation, and how to make the most out of that meeting, what information gathering to do beforehand etc. Other local firms do a reduced price fixed fee initial meeting, we don’t do that either.

Our paralegals are great but they don’t do front facing client contact.

PuntasticUsername · 27/04/2024 09:20

Oh OK, the format just looked unfamiliar but maybe it's because I'm on browser not app :)

BaronessEllarawrosaurus · 27/04/2024 09:19

PuntasticUsername · 27/04/2024 09:12

I don't think this is a Mumsnet post though, it looks like it might be Netmums?

Its quite easy to find and is on mumsnet.

HappyintheHills · 27/04/2024 09:17

PuntasticUsername · 27/04/2024 09:12

I don't think this is a Mumsnet post though, it looks like it might be Netmums?

Posted this morning, Mumsnet

advanced search is your friend

PuntasticUsername · 27/04/2024 09:12

PoisonMaple · 27/04/2024 08:26

See attached.

Again, not true!!!!!!

I don't think this is a Mumsnet post though, it looks like it might be Netmums?

Herdingcatz · 27/04/2024 09:09

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.

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.

ViscountessMelbourne · 27/04/2024 09:08

Hateam · 27/04/2024 09:05

Does this apply to Common Law marriages?

😁

ViscountessMelbourne · 27/04/2024 09:08

I know bugger all about family law but quite a lot about wills and probate and the blind confidence with which people post eg "if you don't make a will then your spouse gets everything" grinds my gears.

If you don't know the answer then either say "I think?" Or don't sodding post.

But it comes with the territory.

Hateam · 27/04/2024 09:05

Does this apply to Common Law marriages?

BathshebaEverdene1 · 27/04/2024 09:05

EliflurtleAndTheInfiniteMadness · 27/04/2024 08:54

Im curious what they thought they'd achieve with this and what mum and sister were planning to say. How great he was so he deserves it all?
My stbxh keeps telling me he doesn't believe Im being fair to him, but refuses to get legal advice, doesn't have the time apparently. He also wants things to happen faster but refuses to have any input into making things happen.

Edited

They were all going to tell the judge that he was a great guy who should have sole " custody" ( yes they all use that word) and the mum was " crazy".

They didn't seek any legal advice. Too arrogant.

People are really stupid.

I hope it goes well with your ex.

saveforthat · 27/04/2024 09:04

BeachBeerBbq · 27/04/2024 09:03

Baby raindeer netflix

Ah, haven't seen it. Thanks

PoisonMaple · 27/04/2024 09:04

VestibuleVirgin · 27/04/2024 08:50

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

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.

OP posts:
BeachBeerBbq · 27/04/2024 09:03

saveforthat · 27/04/2024 09:02

Could someone explain this joke to me please? Thanks

Baby raindeer netflix