To think my solicitor has screwed me over!

[Lakes11]

Its 4 days before I attend the first hearing for a child contact court order that my ex as raised. My solicitor (she's actually a paralegal) has been away for a week and previous to that I had not heard much and thought she had everything in hand.
She had months ago told me she could attend court with me if I wished her too. She's put in a legal aid application for me too which I thought was in hand. Today after emailing her asking about court and what the process is and what's happening and can she attend and my legal aid, it is only now she's telling me she can't attend court with me as she has no advocacy rights and I'll have to pay for a barrister privately as my legal aid decision will not come though until next Wednesday at the earliest.

So she's said I may have to self represent. I've paid her so much money previously whilst waiting to apply for legal aid which I can't really afford but what has she actually done other then send some emails. She hasn't advised me even when I've asked questions.
On top of this we are still awaiting a court bundle from my ex which I knew nothing about until now and she's only just chasing up for. So I don't have that. Reading up on a court bundle.it states about having personal statements in there? I asked her months ago about me having my say as I haven't had any chance to respond she said that I wouldn't need to do that until the fact finding hearing.

I feel like she's absolutely screwed me over and is completely useless. I don't have the money to go to anyone else and there is only one other firm in my region who does legal aid but they are no use either and did not get back to me.

I am so stressed, I don't know what I'm going to do and I don't know anything about court!

If this is England and Wales you certainly can represent yourself - there is a lot online including videos of the process.
Your Lawyer sounds a bit crap. Solicitors are allowed to represent you so not sure why she's suggested a barrister who would normally be more expensive.
I represented myself on the advice of my solicitor and it worked out OK.
Legal Aid is usually only granted for Domestic Violence if I recall correctly.

A paralegal usually has no legal qualifications whatsoever. How did you find this woman and is she attached to a reputable legal firm, which would mean that she should in theory be being supervised by someone legally qualified?

If this is a bona fide law firm with a legal aid contract, then you need to contact the managing partner ASAP and ask what they plan to do to put all this right. From what you have said in your OP there has been clear negligence and your interests have been prejudiced. The SRA would definitely be interested in all this in due course but your immediate priority needs to be to protect your interests at the hearing next week.

I assume you have these conversations in writing? If so ask to speak to one of the partners.

Unfortunately the conversation we had about court processes was on the phone! Should have followed up with an email. Shouldn't have took her word for it

When is the hearing?
Sounds as if you or your lawyer should probably ask the court for an adjournment to get things sorted out properly.

She was suggested to me by an old domestic abuse advisor. Tbh she wasn't of much use either and my new advisor is amazing.
Is a paralegal in training?
Last week she said she was going on annual leave so I obviously asked who I could contact in her absence if I said a question she replied there was no one else to contact and that if I had an emergencies I obviously knew to contact 999 or if not an emergency my domestic abuse advisor. I mean what on earth!

I used to work in a different type of professional practise and we would always point the client in the direction of someone else if we were away for a week.

It's on Monday!

Yes there has been domestic abuse from my ex towards me for many many years.

A paralegal is not a trainee solicitor. They're essentially the 'rung' below a trainee. A paralegal should not be acting for you in litigation without proper supervision from a qualified solicitor.

Are you paying her cash or via a firm?

Pps are absolutely right about paralegals

No a paralegal is literally an unqualified person who assists a lawyer. A lawyer in training is a Trainee Solicitor and will have a law degree and professional qualifications, and there are also Legal Executives and Apprentices who have some legal qualifications.

I can’t see that it would be possible for an unqualified adviser to obtain legal aid so if she has been able to apply for legal aid she must be attached to a law firm, so contact one of the partners there and discuss the situation with them.

Did you get a letter when you first instructed her setting out the fee structure? That should have details about how to contact in the event of a complaint and also who is the qualified lawyer supervising the paralegal.

She's overstepped hugely. Contact the practice tomorrow and ask to speak to one of the partners and make a complaint with the question "and how do you plan on fixing this" as the primary agenda.

I'm paying a firm. Oh god I thought they were trainees! How is she giving me legal advise then??

She should be under supervision at all times by a qualified solicitor. She definitely should not be running cases solo!

You should have a retainer letter given to you when you first got advice from her. It should detail who to contact if you have a complaint. A paralagal cannot hold themselves out as a solicitor and must work under the supervision of a qualified solicitor, who must either be a Partner or report to a Partner.

If you were never given such a letter you should contact the SRA (solicitors Regulation Authority) straight away, they have a website with numbers.

She is not giving you advise hence not anawering questions. She can afaik tell you about the process.

The firm screwed you, most lilely put her under pressure, contact https://www.sra.org.uk/ ASAP and lodge complaint

Because I'm currently awaiting legal aid I just feel like they won't care as I won't be bringing in that much money for them

Most paralegals these days are at least as qualified as some trainee solicitors - they’ve generally got LLB and LPC they’re just waiting on a training contract spot.

So she should be qualified enough to know what she is doing - she sounds fairly shit.

Did you get a practice letter when you signed with them? It should outline all charges, what they’ll work on for you and an escalation route if you’re dissatisfied with the service.

If there is no contact then call the main line at the solicitors tomorrow and ask for the complaints process and an alternative contact because you’re dissatisfied with the current service. I don’t know if it will do much in time for the hearing on Monday though - but they should hopefully put someone on your case instead of her.

Thank you, yes I signed a letter of engagement. I'll find it now and have a reread

They will care because the SRA can close them down for this!

They will care, as they could lose their licence to practise if the SRA investigate.

Cross post @Katrinawaves !

They will care or their regulatory body will be caring on their behalf! (And you should report to them anyway once this is resolved)

Completely agree with the above.

Paralegals are not authorised to advocate for you in court. They don't have rights of audience. The only people who can go into court with you to speak on your behalf is a solicitor, legal executive and a barrister.

It sounds like this paralegal was overstepping her mark and doing what she was not authorised to do.

If the hearing is close, write to the court asking for an adjournment and explain the situation. Explain how your right to a fair hearing has been prejudiced.

You can visit your local citizens advice and law centre for free if you have any near you.

I suspect they could also lose their legal aid contract over this - not an expert as I’ve never done legal aid work though.