Do I have a bad solicitor or am I just expecting too much here?

[Rangerhamida]

I've had a legal aid solicitor since last summer, I've stuck with her as I just thought it was incredibly hard to transfer legal aid certificate.
There's been a catalogue of really bad advice and breaking of confidence, I'm wondering if it's her or me.. Please give me your perspective, I'll try and change some details so it's not hugely outing but contextually it's still the same.

1. Original firm were instructed under emergency certificate to apply for a non molestation order shortly after I fled domestic abuse and was placed in a refuge, ex partner had harassed me with hundreds of phone calls, abhorrently vicious emails, turning up at my workplace despite not being there, harassing my friends, harassing my family, turning up at my parents house and screaming abuse through the letter box. My idva advised me to ask for an ex parte hearing as the risk was so high and he made threats to kill. Solicitor was so blasé, said its unlikely I'd get an ex parte hearing and took absolutely an age to even get a first statement drafted.. My idva took hold of the situation and through the dv agency a non molestation order was granted, I was in court with my idva at an ex parte remote hearing within 24 hours.
2. we now move into children's matters after ex has made an application, I asked her several times to make the application first to court for child matters and a prohibited steps order as children's services recommended I apply for one as he has a history of keeping DD and not handing her back.. She delayed so much that ex got in there first and she then said as a result I wouldn't be able to apply for a pso.
3. first hearing, cafcass very clear that the risks are manageable and cannot endorse interim contact of any sort. Ex's solicitors purposely leave all my evidence out of the bundle, my solicitor prepares a supplementary bundle but this apparently gets "lost" and the judge didn't receive this. Barrister doesn't suggest an adjournment so that all evidence is reviewed in its totality. Judge orders interim contact to commence, supervised in the community.. Against cafcass recommendation.. I was in a state of shock and very distressed. Solicitor or barrister do not advise me to appeal. Contact immediately starts.
4. During this time, Cafcass have received our court order, they write back to the court to respectfully ask the judge to revise his order for interim contact, both ex and I receive a copy of the letter.
5. upon sending the cafcass letter to my solicitor and proposing we apply for a variation, she is reluctant and tells me to wait to hear if the court are in touch.
6. few weeks later, I raise this again and she says the letter from cafcass has probably been "lost" and probably hasn't reached the judge.
7. during this time, cafcass have then written AGAIN to the court and advised us.. Again, reluctant to apply to vary the order.. Finally after much pushing, she decides to put the application in, I've stopped contact at this time as I was in genuine fear of my life.. Within two days of applying, ex applies for enforcement action.
8. an emergency hearing is listed, with the cafcass officer who wrote the letters asked to attend, we're in front of a very senior judge who opens the hearing up by saying this is some of the most serious child and domestic abuse he's ever seen and he's horrified.. The judge states had I appealed it would've been before him and it would've been a successful appeal and there's no way he would've ordered contact. Cafcass officer is sat there in our hearing very adamantly saying there should not be contact... Solicitor advised me to propose contact centre. The judge reluctantly orders contact centre but says he cannot ignore what cafcass are saying so makes an order for fortnightly contact rather than weekly, with me ordered to pay half the cost of the contact centre.
9. my solicitor finds a contact centre, contact recommences, we've had multiple issues with the centre, including two no shows from ex partner, contact centre then refuse to facilitate further.. I choose another centre, a proper centre who I speak to on the phone, ex refuses this and proposed one of his own.. I say to solicitor I will not use this centre.. She sends me an urgent letter stating I need to agree to the use of this centre.
10. leading up to the use of this centre, I have a miscarriage and in hospital, I'm in a relationship with someone, I inform solicitor IN CONFIDENCE.. she sends me an email asking if i live with him as she needs up update legal aid agency etc and states one way or another I will need to tell the other side I'm in a relationship.
11. i end the relationship through fear of being harmed, and partner being harmed, solicitor has broken my confidence and told the barrister, and try to force me to tell the other side. I subsequently inform her I've ended the relationship for above reasons.
12. ex partner has started harassing me again, contact was taking place in the area my parents live in, he's targeted the former childhood home and I've reported him twice to police.
13. police have referred me onto Marac and a letter was sent to contact centre and my solicitor to say I'm at risk and should use this letter as evidence to state that.. Solicitor is now unaware by this point I've left my property for fear, another incident led me to leave my house. The police advised me to to reduce the risk.. I tell solicitor I eventually have to go back as that is my home, she tries to force me to tell her where I am, I said I don't trust her to not break my confidence again so I can't tell her.
14. during this time, there's been multiple referrals to children's services pertaining to my daughter showing visible fear at the mention of her father, she has also openly told her childcare she's scared of him.. I've also been referred to Marac a further 2 times in different counties due to ongoing abuse that could result in me being significantly harmed. Solicitor ignores all of this. My daughters health visitor, and the police have both written directly to her to say I'm at risk, she's ignored both letters. We're now at a point where I feel the domestic abuse my daughter and I suffered, has been hugely watered down and she's partly responsible. We had a fact finding hearing and some findings were made against me also, she openly told me i shouldn't accept it.. Then when I asked her about appealing, she changes her stance and tells me to accept it. We're now approaching an enforcement hearing next year, and I just don't trust her, believe in her, or feel she's really advocating for me.. She's so blasé and mild.. And has no fire about her. I appreciate that yes she won't approach anything with any emotional investment, however I feel like she's really advised me badly. As a result I'm speaking to a new solicitor tomorrow about a transfer of legal aid certificate. What I want to know is, is it me.. Or is she a bad solicitor?

Risks are *unmanageable

She sounds awful. I hope your new solicitor gets you back in front of that judge and you get a no contact ruling. Good luck.

My niece has spent the last 16 months going through a similar situation and her legal aid solicitor was amazing! Yours sounds incompetent and lazy.
Her solicitor applied for a residency order, non mol and prohibited steps withing the first month all were granted.

I think you need to ask for a new solicitor as your situation is much more serious than my nieces.
I am so sorry this is happening to you and your family.

@needscharging that's amazing.. What legal firm was it, can you message me?

I only needed to read the first 2 to know that she is absolutely shite and you need a new one.

I'd hate her if I were you.

As if you need that on top of everything else.

I can't even cope with her anymore. We had an hour and half conversation on the phone this week and just went around in circles, she said its not good to engage with too many professionals/authorities as I could be seen as manipulating them!! She's contacted the police about two reports I've made to see if they're true! Have told the officer not to tell her anything as she won't be representing me in future, even he was shocked by what I was telling him.

I’m very slow to criticise family solicitors so I started to read your post ready to disagree with you.

I can’t. She sounds awful. And negligent. I would make a complaint to the Law Society to make sure no-one experiences what you’ve gone through.

Hope you have a better experience with someone new.

Jesus she sounds horrific, you can’t go forward with her

I thought it was a long and arduous process to transfer legal aid certificate and it involved the court, but 2 x family law solicitors on mumsnet have said its a simple process that doesn't involve the court.

She does sound appalling.

I’m sure she has justified her actions to herself, but actually regardless of whether she’s right or wrong, if you have no trust in her to advocate for you then you 100% should change representation.

What I want to know is, is it me.. Or is she a bad solicitor?

It doesn’t matter because your actions and the outcome should be the same - change solicitor ASAP.

I have our next hearing in 10 weeks time so hoping transfer of legal aid will be completed in time. The solicitor I've been recommended has some wonderful reviews and has been successful in obtaining no contact orders.

So sorry you're going through this, change solicitor immediately. She is completely incompetent. But you can't expect her to keep secrets re you being in a new relationship.

Complain to the law society. Don't let anyone put you off doing this. She isn't fit to practice.

@caketiger

Complain to the law society. Don't let anyone put you off doing this. She isn't fit to practice.

This

No, i never once said I expected her to keep secrets, i told her in confidence, she broke that, than forced me to try and tell the other side.

The Law Society is a professional body. It isn’t responsible for investigating fitness to practise.

You want to complain to the Solicitors Regulation Authority.

I think I just want to leave the current firm quietly, i know they can't do anything to jeopardise my case or anything, everything just worries me.. Just want a solicitor who believes in me and vice versa.

God, OP, she sounds utterly useless. Why the hell is she doing DV work if she's not committed to protecting victims and children?

I hope you find someone good, and I'm sorry you're going through all this. You've been through enough already, without all this hassle on top.

She sounds awful. You need someone who will really stand up and fight for you. I think you've done exactly the right thing by finding a new one.

I think the turning point came for me this week, we had a fact finding earlier on this year, the judge found against him on all allegations but one, and even made his own findings. The judge described him as completely out of control and a danger if pushed...
My solicitor said... The court won't hold this against him forever and he will a) find out where we are living as he has parental responsibility and can have school information and b) he will get unsupervised contact, despite being capable of physically harming his daughter... Now, I know both these statements may well be factually accurate... It's just the LACK of WANTING to protect both my daughter and I that really got to me, she doesn't advocate for us and what the findings have found to be true, she just wants me to put up.

I’m so angry in your behalf. She has failed you. Get new representation. Someone will be along soon with much more detailed and solid advice.

Get new rep. Make complaint to old sol firm and to SRA.

I'm speaking to this new solicitor tomorrow, i spoke to her paralegal on Friday who has arranged a call. She said its simply a matter of transferring legal aid certificate and obtaining all of the files. Once I agree to that, I'm going to write an official complaint email to my solicitor, copied to her manager.
I'm usually nicey nice, but this is mine and my daughters lives and I won't get the outcome we need without someone putting up a fight, and that's not her.

Make a complaint!!! You need to first use the firm's complaint's procedure and then complain to the Ombudsman. I would also report her to the SRA for breach of confidentiality. That's a very serious breach! She also has a duty to act in your best interest, which she again breached.

And I am a solicitor (although not in family law).

Please please report her to the SRA so that she can't do this to anybody else. The woman is a liability.

Wishing you luck with the transfer and keep on keeping on. I managed to get a no contact order and indeed an injunction against ex's girlfriend. You need a better advocate!