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AIBU?

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Original poster

How can I raise money for a barrister?

46 replies

LILLYSHILLINGS · 23/10/2019 16:02

I was sexually, verbally, psychologically, physically and financially abused by my ex partner. He is a nasty piece of work, and I am due in court soon as he wants to see our son. I just cannot allow this to happen. He raped me. He emotionally battered me. He terrifies me and I cannot allow him to have any influence over my son's life. So far the courts have been amazing. They've given him no interim access.

I need ideas re how I can raise 6-10k for a barrister for court. I am not eligible for legal aid even though I don't earn much as I own half of the house (he still lives there and is refusing to sell. I have no access to those funds and it's the equity I own is only 7ishK).

I have no savings. I'm in debt. I have a baby to look after.

Can ANYONE help with suggestions on how to raise this money? Could I crowdfund? I'm not willing to reveal my identity and don't know that crowdfunding would work without showing my face.

In panic mode. I'm drained. Any advice would be fantastic

OP posts:
Passthecherrycoke · 23/10/2019 16:04

Shouldn’t you be entitled to legal aid due to the abuse? Was it reported?

I don’t think people will donate to a anon crowd fund, and you’re very unlikely to raise that sort of money even if you aren’t anon

SesameOil · 23/10/2019 16:06

There are income and capital limits for legal aid even when there's been DV. That said OP, just to be sure, have you been told you aren't eligible by someone who would know?

Bar Pro Bono unit?

Passthecherrycoke · 23/10/2019 16:06

Also what have your solicitors said about finding a barrister?

PoppiesarelethaltoSpellmans · 23/10/2019 16:07

Why isn't he in jail?

Original poster
LILLYSHILLINGS · 23/10/2019 16:08

Legal aid is means tested regardless. I'm on maternity leave. I am in debt. But because I own a house (that he lives in, and won't sell) I am ineligible. I have no access to those funds and he knows that if he drags out the sale he will stop me from gaining legal aid. It's messed up. My MP is fighting it for me but I am unsure what the result will be.

OP posts:
Original poster
LILLYSHILLINGS · 23/10/2019 16:10

He's not in jail because I didn't report him to the police at the time. I ask for nobody to judge me for that, as I was incredibly vulnerable and isolated and terrified of him. I have a lot of evidence and an using that in the court case.

OP posts:
Original poster
LILLYSHILLINGS · 23/10/2019 16:11

I don't have solicitors. I am litigant in person. It's terrifying. I don't know what I'm doing. Solicitors will cost thousands. I am in minus figures. I have already applied for legal aid and my claim was rejected due to money in the house.

OP posts:
Wildorchidz · 23/10/2019 16:12

Have you family or friends who can help ?

Lockheart · 23/10/2019 16:14

Can you find a pro bono barrister? If you Google it there are a number of associations and charities which may be able to help.

Original poster
LILLYSHILLINGS · 23/10/2019 16:14

My family and friends just don't have that kind of money. Most are struggling themselves to keep their own families afloat. In screwed aren't I? Apparently my case is strong regardless but if I don't have a barrister he can cross examine me directly and I am terrified of that happening. I can't cope with it.

OP posts:
havannaoohnana · 23/10/2019 16:15

Where did you get the £7k barrister fees figure from? That seems VERY high. Have you had any legal advice from a solicitor at all? If you are in London/Essex I can recommend someone.

Lockheart · 23/10/2019 16:17

Also if you have any kind of insurance (including through your bank or which comes with a credit card) check the details, as lots of insurance policies include legal expenses insurance which will usually cover legal representation / advice on any legal matter.

Rosere · 23/10/2019 16:17

Get a family law solicitor. If they think you'll need a barrister then they'll let you know and take it from there. Good luck, you must be terrified

Original poster
LILLYSHILLINGS · 23/10/2019 16:17

I'm in East Anglia. It was given to me by someone I know who works in that arena but isn't a solicitor. I have so much evidence that fact finding is likely to last up to 5 days. Apparently the upfront fees are around £2000 and then around £750-£1000 a day on top of that. Then would need extra for any other communications or emails etc and if the case ran on.

OP posts:
Quartz2208 · 23/10/2019 16:19

I think you need to take it to the police. Look at women’s aid as well they might help and other charities/CAB etc. Look into pro bono barristers as well

Remember though this is family court not a rape trial the judge will not look kindly on him cross examining you. Indeed if you prepare a statement that should be sufficient

Also start proceedings against him non mol, and selling the house

FenellaVelour · 23/10/2019 16:19

He won’t be able to cross examine you directly. If he has questions for you about your evidence, he will need to give them to the judge or magistrates who will ask you on his behalf.

I think all you can do is enquire whether there is anyone who would be prepared to work pro bono or at reduced rate. If you can’t, well, it probably doesn’t reassure you much but there are a lot of people who sadly have to attend hearings in person now since legal aid has been slashed, and the courts are very used to managing hearings where this is the situation.

Passthecherrycoke · 23/10/2019 16:22

The reason I ask about solicitors is (I’m sure you know this) but barristers take over work from solicitors, doing the court representation. They’re obviously very expensive. If a barrister tries to takeover the case from you I’d be concerned that there was something that should’ve been doing sooner or some angle that should’ve been pursued that you don’t know about. The more time a barrister has to prepare and deal with your case the more it’s going to cost. Any money you do have could be better spent in another way, ie solicitor + minimum barrister time or even solicitor and representing yourself?
I agree with trying to find a law clinic. Universities often have them

Original poster
LILLYSHILLINGS · 23/10/2019 16:23

I'm so scared :(

I already have a non molestation order against him, thankfully

OP posts:
ChazsBrilliantAttitude · 23/10/2019 16:23

weareadvocate.org.uk/
Try this charity- it’s barrister who do pro bono (free) work

CrazyCatLady159 · 23/10/2019 16:23

I have just been granted legal aid .... sometimes they can put a charge on the house you own - then once it sells they take their fees back from that - I really think you should go and see a solicitor who can they advise you properly and fill out the legal aid application to see if you qualify - then you will know for sure

SesameOil · 23/10/2019 16:25

Who told you that you couldn't get legal aid?

Lockheart · 23/10/2019 16:26

Sorry OP scratch my last sentence, I didn't mean any legal matter - car insurance wouldn't cover this for example. But insurance through your credit card or home insurance might, so if you have them so check the T&Cs.

Alternatively could you consider no win no fee legal representation if you believe your case to be strong enough? I don't mean an ambulance chaser off the television - if you go down this route research carefully and use a reputable firm.

ChazsBrilliantAttitude · 23/10/2019 16:26

Posted to soon
It’s the new name for the Bar’s Pro Bono Unit

Original poster
LILLYSHILLINGS · 23/10/2019 16:27

The legal aid was done for me by a solicitor. It's the only solicitor in the area that takes legal aid. They did it for free and it was rejected. I asked to appeal based on the fact that I have no access to the funds. They said that's not a legitimate appeal reason. I've been to see my MP. They've written to someone for me but I can't see the outcome of that being particularly worthwhile.

Barrister was recommended to me by someone I know who works in this arena but isn't a solicitor. I trust her wholeheartedly and she said my statement is so strong that a barrister would have a field day.

OP posts: