Coercive control continues through the courts and legal system.

[Dracula999]

Now divorced but long history of domestic abuse to include psychological, emotional and financial abuse. He never physically hit me but the pain is just as long lasting. I often wished he had thumped me as then the police would more readily remove him from the home. My son, 14 refuses to see ex since July 2018 and wants nothing more to do with him. My ex is refusing to pay any maintenance and is trying to refuse my application to live in Ireland with my son. (C100). This is due in December 2018. I do not qualify for legal aid even with the history of domestic abuse, so I have been representing myself the past year.

My main question is can I sue my ex's solicitor for:

• behaving unethically causing undue stress to me and my children?
• taking as facts all information vindictive ex has told him. These later disproved in the courts.
• not adhering to his professional code of conduct?
• His solicitor is colluding with my abusive ex by facilitating the continuation of coercive control through the courts and legal system.
• Solicitor is using family members to make false statements to social services regarding my character.
• Knowingly using up the house equity on unnecessary court hearings which reduce monies available to me and my children.
• He has mislead my ex and is actively encouraging and enabling an abusive man.

I have reported his solicitor to the SRA (Solicitor Regulatory Authority) and they are awaiting a police update on the investigation of my ex and his coercive control by The Serious Crime Act 2015.

Does anyone have experience of suing their ex's solicitor? and how did you fare?

many thanks

Drac

Have these been pointed out to you, or just your opinion?

No experience of suing solicitors. But I would think you can’t sue as solicitors take instructions from their clients, no matter how ridiculous the instructions are they will represent their client.

Eg ex tried to insist I couldn’t have used Facebook in 2006 as apparently it didn’t exist 🙄
Also his barrister insisted I had not obtained a non mol against ex and we had a mutual agreement (that he had respected, because an upstanding ow abiding kind of violent man) not to approach me... despite the non mol being in the evidence folders in all its glory signed off by a district Judge in the same court!

Loved the latter assertion as the judge asked, are you telling me this non molestation order, dated xxx signed by district judge xxx filed page x in file x is not actually there, which I am looking straight at does not exist?

Never seen a barrister flush so crimson 😆

Also open a CMS case against your ex and get child maintenance out of him.

Haven't heard of this before but I can only imagine it would be a hugely difficult course of action to be successful with.
Solicitors act on instructions, they're not their to decide if their client is telling the truth or is a nice person.
Without the intricate details it's very hard to say whether or not he's acted negligently or illegally.
From your grounds I'd see the following issues.

• behaving unethically causing undue stress to me and my children? In what way do you believe he has been unethical. If it's by pursuing every legal route available to him or disputing every one of your applications then, with the greatest will in the world, your stress is not his solicitors concern. If his client, your ex, said to him "I want to oppose this moved to Ireland" it would be completely wrong of him to say " I refuse on the basis that I think it might stress someone else out." If he's instructed to oppose and his client had a legal right to oppose then he opposed. In the same way that if you had a solicitor nobody would expect them to say "I'm not logging the application to Grant you the right to move to Ireland as I don't think it's the right move for your children or fair on your ex"
• taking as facts all information vindictive ex has told him. These later disproved in the courts.

• once again this is a matter of acting on instructions. It's not their job to disprove what their clients tell them, and it being disprove in court does not mean that they should have rejected the instructions

• not adhering to his professional code of conduct? In what way

• His solicitor is colluding with my abusive ex by facilitating the continuation of coercive control through the courts and legal system.
  If they are process that he's entitled to avail of them it's not for his solicitor to deny him that

• Solicitor is using family members to make false statements to social services regarding my character.
  Is the solicitor making them fabricate these statements or is he being presented with statements from family members that her is taking at face value but which you know to be false. Two very different things

• Knowingly using up the house equity on unnecessary court hearings which reduce monies available to me and my children.
  That's really none of a solicitors business how their client is paying them

• He has mislead my ex and is actively encouraging and enabling an abusive man.
  Once again more details needed

Really I'd say your are to getting is with your ex, the solicitor is really just his mouth piece

I would report your opening post and ask for it to be moved to Legal Matters as you're more likely to get an expert response.

I'm not an expert in the least but I would be doubtful that you can sue your ex's solicitor for any of those things. He/she works for your ex and doesn't have any obligations towards you.

But you really need to get expert opinion to be sure.

Those points are nothing to do with the solicitor and all to do with your ex.

Who has told you that you don’t qualify for legal aid?