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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

aibu about solicitor and this situation?

5 replies

marshkat · 02/11/2011 21:42

Is it acceptable for my dp exs solicitor to ring him at work and question him about a letter he has written regarding supervised contact for their ds? then clearly state that his client will get what she wants in court. bearing in mind she only has supervised contact with ds due to physical abuse (she accepted 2 cautions, section 47) only wants to see him when it suits her. dp does not have a solicitor as abuse was soo bad didnt think the court would agree to her having unsupervised contact. now not so sure as of the way her solicitor spoke to dp. any advice. cafcas involved and have a social worker.

OP posts:
Kladdkaka · 02/11/2011 22:02

Are you sure it was her solicitor and not just someone she put up to it?

MrsTerryPratchett · 02/11/2011 22:04

Talk to the SW about it. SS have a legal department.

Arachnophobic · 02/11/2011 22:07

As I work in the industry, here goes. There is nothing wrong in theory with him being contacted by phone as he is a litigant in person.

Having said that it real bad practice that this happened, if indeed he was the solicitor. Most solicitors would correspond by letter only. That way there is no dispute with regards to the contents, which could lead to a complaint and/or disciplinary action.

It may be the solicitor is inexperienced - a word with a Partner of the firm or the Practice Manager may suffice.

eurochick · 02/11/2011 22:07

It is unethical for a solicitor to contact a represented party but as he doesn't have a solicitor his ex's solicitor can quite properly deal with him. And the solicitor has a duty to forcefully represent his client, but he shouldn't be trying to intimidate your your partner. And your partner does not have to speak to the solicitor. He can have the call at a convenient time or tell the solicitor to put it in writing (never a bad idea as this will give some thinking time for a response).

ZillionChocolate · 02/11/2011 22:07

If your DP is unrepresented (ie does not have a solicitor) then it would be perfectly appropriate for for them to speak to your DP direct about the case. I can't imagine any solicitor would assert that their client will definitely get what they want because unless it's agreed, and even then sometimes, you never know.

I agree that the social worker may be of assistance. If you want advice on here you'd be better off posting in the legal section.

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