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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to think I should change my divorce lawyer

13 replies

Lifebeginsat · 27/11/2020 14:03

I have no experience of divorce lawyers so no idea if what I’m experiencing is the norm. Happy to be told I’m being unreasonable.
Sorry for length- have tried to keep short as poss.

A bit of background. In early stages of divorce. Not amicable. Stbxh moved out and doesn’t want to sort anything out ourselves and only wants to use courts/solicitor for both child arrangements and finances. Stbxh also not allocating enough funds for myself and dc. This is adding to my costs and stress and debt. I will have to borrow money so basically means I think twice before contacting lawyer at all as everything is obviously chargeable.

Solicitor acting for me for about 3 months. I’ve noticed a pattern. Only takes my calls when she wants to speak to me ie when she has a deadline or needs my feedback.
Doesn’t return my call for days citing court /busy /family matters. Same for emails. To speak to her I have to book time in her diary often days in advance and then we talk on phone. I don’t contact her often at all as aware this costs me money I basically don’t have.

Recently had child hearing. Had a few conversations with her about what to expect. Told it was just to set out our positions on the matter. Nothing else. What actually happened on the day was entirely different. Found myself having to agree on things like holidays and contact without being given any time to do so. In pre hearing phone chat, she seemed very supportive of my position but during hearing I felt unsupported and exposed.

After hearing, I was told to expect notes detailing what agreed so far in the next day or so. Didn’t arrive but didn’t chase as it’s never got me anywhere before and didn’t think there was any urgency. Got an email 4 days later with the draft document saying that I had to approve it that day as it had to be filed with the courts which was a surprise.

Had to chase her for the final version filed with courts. She supplied it and made a comment about a key point (the major sticking point between me and stbxh) having changed but didn’t fully explain what it meant. Had to go back to her for clarification and she did reply but no salutation or sign off of her email which gave me the impression she was irritated that I wasn’t dropping it. I don’t see the point of me approving a document that is later changed and then filed with the courts.

All of this adding to my stress, financial worries and general feeling over being incredibly overwhelmed. Stbxh also criticises me to dc and dc regularly upset by his behaviour.

I feel really annoyed that that despite several conversations in the lead up to the hearing, at no point was I made aware of the process and deadlines or what was expected of me, and that I had very little time to process things before I had to make a decision. I feel like I’ve steamrolled into accepting an outcome I am not in agreement with.

Is this how they operate? Am I just expected to deal with it and move on or do I cut my losses with her and go elsewhere?

OP posts:
Chilver · 27/11/2020 14:08

Sounds like you need to cut your losses. I haven't dealt with divorce lawyers but aren't they supposed to be on your side?

2020iscancelled · 27/11/2020 14:11

That sounds shocking, unprofessional and incompetent.

The thing about never being able to get hold of them and having to chase a lot - I do think that’s most solicitors unfortunately. However, not preparing you for court is seriously bad.

Personally I would change, you don’t have to have a reason other than “It’s not working for me” but all of the reasons you’ve given would make me change.

Can you ask around for a recommendation? Perhaps if you give general area details someone on this page can point you in the direction of a decent company?

It’s too important a process to feel on the back foot, as you say you will be paying a fortune so why pay it to someone who you do not trust to act in your best interests?

DynamoKev · 27/11/2020 14:14

You should go to a different one, but I have been mostly dissatisfied with lawyers.

I did the child arrangements hearings without a lawyer and got the results I wanted (paid for session with a recommended lawyer who was very good. At court I knew the process better than ex's lawyer who was a last minute change.

Lifebeginsat · 27/11/2020 14:15

@Chilver yes I thought so too!

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silverbubbles · 27/11/2020 14:19

Find someone that supports you, advises you and keeps you informed.
You can expect this!

Lifebeginsat · 27/11/2020 14:20

@2020iscancelled
She was a recommendation which is possibly why I’m hesitant. She’s not cheap either so I could just as easy pay someone else the same tho I lose what I’ve paid her so far but it’s way too important and stbxh being v difficult.

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MyOwnSummer · 27/11/2020 14:33

The bottom line is that she is paid with your money to represent your interests. If that isn't working for whatever reason, you're absolutely within your rights to say something or switch to someone else.

Have you explained to her that you need more information about the process, etc?

Crazycatlady83 · 27/11/2020 14:38

You shouldn’t be feeling like this, you may have a good few months left with this solicitor. Change if you aren’t happy.

MangoBiscuit · 27/11/2020 14:45

My divorce lawyer was a recommendation too, but a bloody good one.

She is probably more expensive than I would have gone for otherwise, but she has been worth every penny, especially when exH started playing silly buggers, and had to be "reminded" of the laws around defamation Hmm

I've always felt she's been firmly, but totally unemotionally, on my side. She doesn't sugar coat anything, tells me if something is a bad idea, but doesn't let ex, or his solicitors, cause me any trouble. I have no trouble contacting her, and when I've needed to discuss anything in more detail, we've booked some time for me to do so.

Your solicitor doesn't sound great compared to my experience, sorry. I think in your shoes I would be looking at changing.

Girlyracer · 27/11/2020 16:06

Mmm it depends. Family law at the moment is heaving. Family lawyers easy have a minimum of 100 clients. Constant court hearings, lengthy preparation of documents, I could go on. The most tricky is clients wanting to let off steam for an hour on the phone, probably best they speak to their friends/counsellor as quite often they won't accept such issues are not legal issues.

Clients are spoken to within the 8 hours working day, but there's much work being done outside of those hours.

The alternative is lawyers don't take your case as they are deemed to be at full capacity. That's the choice.

Lifebeginsat · 27/11/2020 19:40

@MangoBiscuit she sounds wonderful and what I had been hoping for and expecting tbh.

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Lifebeginsat · 27/11/2020 19:42

@Girlyracer yes fair point. They are incredibly busy and delays in court with COVID not helping. That said though doesn't explain her failure to prep me for the hearing. I was on the phone to get for over an hour!

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Lifebeginsat · 27/11/2020 19:42

*her

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