Please help me! DESPERATE SITUATION

[Helpmeplease000]

Hi, posted in legal but posting here also for traffic as I am in a desperate situation.
I posted yesterday with regards to having a bad solicitor I spoke with a new firm and they said they could help me, asked me to raise a complaint with the previous firm and then send them court papers.. I did both of these things.
I receive an email from the new solicitor to tell me they don't have the capacity to take on my case, I ring them and plead with them - they cannot help.
By this point, I have already raised the issues and concerns with my current solicitor and asked to not object to the transfer of legal aid.
The firm I was with have emailed me to say they note my complaint to which a response will be provided, in the mean time my ex has asked for an urgent hearing to be listed within 7 days to wait for enforcement action. I am in a daze and panicking, I don't know what to do. I effectively now how no representation.
The firm I was with have asked for me to let them know details of who the new solicitor and ask them to get in touch and if they do not hear by the end of the week they will discharge the certificate.
What do I do? I've called so many solicitors since 4pm and they can't help, they are reluctant to take on a case with a transfer of legal aid certificate.
Can I request an adjournment if a hearing is listed in 7 days? I'm so scared. I cannot represent myself as litigant in person as my exes counsel is so ferociously aggressive.
Please help me with some advise.
I'm really scared.

Yes I think you could ask for the case to be adjourned as you have no legal representation. Could you use the legal aid certificate for a direct access barrister? They might have more availability at short notice ?

I don't know if I can, is that something you can do? it's still reserved to the current firm that I have raised the complaint with and who will do no further work for me. How do I ask for a case to be adjourned? the other side will not allow this.

What reason have the solicitors given for not taking your case? Have you spoken to Citizens Advice Bureau - they may be able to help.

They said they don't have the capacity now. They said they could help then now they said this..i don't feel i can go litigant in person as my exes barrister is so ferocious. Would the judge speak to me directly if i was litigant in person or not? My ex doesn't know where i live also which means if i was litigant in person his solicitor would know.
I'm so scared. I need to find a solicitor that will take a transfer of legal aid, i know its very hard but I need to.

You will need to contact the court and the other side to request a postponement. Tell them why. You can call the court to find out the email address to send it to. Include the parties names and case number in the email subject and mark it urgent. Then go through the law society's website using their "find a solicitor" function. I think it has a filter for legal aid.

I have emailed the Court, the other side will not agree to an adjournment, I cannot contact the other sides Solicitors as they do not have any contact details for me, I am still legally aided and have a certificate, I just need to find representation.

Yes take @lawandgin advice OP- you may still have to attend the hearing but the judge will very likely then adjourn it so you to get legal representation.

I hope so. Is it correct that you have the legal right to be represented if you wish to do so?

I don't know about the right to be represented OP, but I'm not a family lawyer and neither do I have knowledge of how legal aid works as I practise a different area of law where legal aid is not available. The other side's representative doesn't have to agree to a postponement, but it is correct to keep them copied on your correspondence to the court.

God I am so stressed, my hair is falling out.
Can my IDVA attend with me as a McKenzie Friend.
If I have to attend this urgent hearing in 7 days will the Judge address me and give me a chance to speak?

it is not helpful, but i know that IDVAs are not always allowed in. Family courts are not public. I think that stinks and needs to be changed, but it wont help you short term.

I'd therefore not assume and would ask the court.

P

Of course, I will ask the Courts permission - do I email the Court to do that?

Yes email the court, it will be fine💐

There are two things that could help this situation.
If it's an emergency hearing its almost certain we'll be in front of a different judge and not the judge our case is reserved to.. This judge may be horrified what's happening.
And if I have no legal aid then the request to charge the cost of the section 7 being authored by a isw to my certificate isn't going to happen.
Is there any benefit in going as litigant as person?

You can email the court and request someone attends with you as a McKenzie friend, the court won't necessarily say yes and if they do the McKenzie friend may not be able to speak.

You can request an adjournment on the basis of seeking legal representation, again the court can say no but if you include information showing you attempted to get legal representation this will be beneficial for the Judge to see.

Mark it all as urgent with the hearing date on it as it may get caught up in court backlog. Try not to worry, if the Judge doesn't allow you to adjourn take the evidence of the attempt of legal representation with you to the hearing and explain then and there. I'm assuming the other side has representation? If so they will very likely agree to a postponement for you to get representation as solicitors tend to refer to work alongside other solicitors rather than a lay person.

Op ultimately the judge decides if the case is adjourned, not your ex. If all parties agree to an adjournment in advance, it's usually adjourned without a hearing being needed. If your ex opposes an adjournment, the judge may invite you all to the hearing, listen to the reason for and against an adjournment (which could be on paper, ie a statement from you, and/or in person, ie your exes counsel) The judge would then decide whether to proceed or adjourn..

I'm not sure about a right to representation in these circs but for a case to go ahead with one party not represented but wanting representation, the judge would usually want a compelling reason as to why it should go ahead (eg if delay was going to cause harm to a child) Your ex wanting matters concluded is unlikely to be sufficient on its own (unless it's an exceptionally straightforward case which I'm assuming it isn't)

You need to contact firms that offer legal aid. There’s a programme to help you find legal aid solicitors in your area on the Legal Aid Agency website.

I've emailed around 70 solicitors this evening to request assistance.. Hoping i get some responses tomorrow.
I've emailed the court to ask not to list an urgent hearing on the basis if its listed an adjournment will be requested so I can acquire legal representation..
Should I email his solicitor? I can set up a designated email for that as I changed my email when I let him and not going to give him my personal email address..
Is the judge likely to adjourn on the basis of me not having but wanting legal representation?

If i am a litigant in person, will my exes solicitor have to know where i reside etc, my ex isn't aware of where I live.

The family courts are keen to get contact sorted ASAP.

Expect that he’ll get his own way at every stage. Especially if he’s the applicant.

Family courts are very backwards and old fashioned and are definitely lacking knowledge about DA and the risks it poses to children and mothers.

Just a question; would the ex’s solicitor have to disclose email address etc? Is that not kept secret?

You can request for the hearing to be postponed. There is a specific form for this. The court may not agree.

I don’t actually know whether your ex’s solicitor has to know where you live as litigant in person but they certainly don’t have to tell your ex.

If you do have to attend as litigant in person it’s unlikely you will be allowed to take anyone in with you who isn’t party to the proceedings. You can ask. But it’s likely to be a no.

If you have to do this you will sit at the front alongside your ex’s barrister and address the judge directly. You need to show that you tried to get representation and say that your article 6 right to a fair hearing is potentially violated by the unfairness of not being represented. They are very likely to adjourn at that point. Your ex’s barrister won’t be happy with that kind of hearing and will have to acknowledge that it’s hugely unfair.

Emailing his solicitor from an anonymous email address outlining your concerns about an urgent hearing is a good idea IMO. They might agree to postpone.

OP, If you are very unwell and unable to attend a court hearing you can get a sickness certificate from your GP stating you are too unwell (anxiety and stress) to attend a court hearing with an indication maybe of when you may be well enough to attend ( in a few more weeks). Obviously email it to the court a few days the hearing date and request an adjournment. I know someone who did this recently. Certified illness is acceptable to the court as long as you give it to them in time normally.

Phone the National Domestic Violence Centre and speak to them - they maybe able to recommend solicitors in such a situation

Thank you, I think my best bet is to ask for adjournment if an emergency hearing is listed. I've spoken with another Solicitor this morning, I am hopeful they can assist.