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!

She was specifically recommended to me so I contacted her directly. Not once has she mentioned she's supervised or would need to speak to her manager to get advise for me. I was under the total impression she had case loads herself and could advise.

I think you should urgently contact the court and ask for an adjournment.
And maybe ask MN to move this to the legal board?

Does the firm have a website? What does it say there about who is in charge?

Put complaint about the person recommending her too.

Are you sure she was recommend as a solicitor not just someone who works jn x law firm and can get the ball rolling?

@Katrinawaves You sound like you may work in the legal field. I'm sure I read somewhere that it's a criminal offence to portray yourself as a solicitor when you aren't qualified. I may be wrong though.

I looked under her office and its really not clear the hierarchy. It states she's a Paralegal who works in family law and specialises in domestic abuse and is studying towards her law degree. Then just says there is solicitors and then partners for that office. There are 5 other offices in my county

No she was because I complained to my last domestic advisor about the last solicitor firm because he was ignoring my messages as I was trying to obtain legal aid with them and they didn't want to know

I assume you signed a retainer letter at some point, who does it identify as the responsible solicitor?

Thank you for the advise and I will complain but I just need to sort out what on earth I'm going to do for Monday.

Will it be too late to ask for an adjournment? I can't afford a barrister at 500-1000 pounds.

This sounds highly unsatisfactory. Note that the paralegal should have taken a note of any phone calls and everything they do must be supervised by a qualified lawyer - many paralegals are very experienced and them doing work is a way of keeping costs down, but it sounds like you have not been well served and I would take it up with the firm.

However for the moment you need to focus on getting through the hearing. Order a copy of The Family Court Without A Lawyer (you can get this next day delivery on Amazon). Ask the paralegal if anyone else can attend in their place. If not, then pin them down as to what will happen at the hearing and what arguments you should make. Ask them what the other side might say and what the response should be. Focus on what this specific hearing is about and what it is meant to achieve so you don’t start asking the judge to do things that are for another time.

Remember as well that many people have to represent themselves in family courts, so the judge will be used to this and should be sympathetic. Tell them that you were expecting to be represented but aren’t, and you’re doing your best. Tell them in simple terms what you want to happen. If they ask a question listen to it and try to answer it (I find many litigants in person don’t do this and repeat what they’ve already said).

Also you are allowed to be wary of the other side and not speak to them outside court before the hearing if you don’t want to. You can say that you are not trying to be obstructive but you don’t feel comfortable as you don’t have a lawyer with you (and say that to the judge if they whinge about you not having spoken beforehand). They may try to persuade you to agree or concede things. Don’t feel you have to.

She is not a solicitor if she’s calling herself a paralegal. She might have a law degree, she might not. She might just have done a level law. She might just fancy working in law..

Paralegals can have case loads of their own. They are usually overseen by someone qualified. Call the client care manager/complaints head/managing partner and explain the situation. Then follow it all up by email. Do it ASAP and they should look into this urgently before Monday so they can sort something for you. Explain the paralegal said someone would represent you, they should have a solicitor who can do it. If they won't, say you will go to the legal ombudsman about this - so they take you seriously.

She might have intended to pass the case to someone else at the firm to attend the hearing perhaps? It all sounds very late and very unsatisfactory. Most firms do not do legal aid as it does not even pay their costs. If she has applied for legal aid then you may need her to apply to have the hearing adjourned until the legal aid comes through.If that might be refused by the court you need to consider drawing up your own statement tomorrow to send to the other party to add to the bundle and bring about 4 copies printed out on the day if you are doing the hearing yourself as it will probably not necessarily find its way to the judge and everyone else on time.

What is said above paralegals above is all right - some are really knowledgeable and have more experience than trainee solicitors having worked for 2 years in a legal area and have an LLB and LPC exams but just cannot get a traioning contract yet. Others might be 16 year old no exams and just helping with putting court papers into bundles.

PS also ask your paralegal if it is feasible to apply for an adjournment.

PPS if the person you have been dealing with is described as a paralegal it is highly unlikely that she is breaking any rules because she isn’t holding herself out as a solicitor. You know she’s a paralegal. I wouldn’t get bogged down in that. Paralegals do have case loads - albeit under supervision. Focus on the relevant bit - that you understood she would represent you at the hearing and were told at the last minute that was not the case.

Ok so. ChatGPT is really good at writing complaint letters that strike the right note. Input everything you have said here, explain you want a formal complaint letter that is first aimed at the managing partner of the law firm and if not will be forwarded to the SRA. Then send the letter tonight to the most senior ppl at the firm and call first thing tomorrow demanding they get you an adjournment or represent you on Monday for no extra charge.

Has she actually given you any advice?

It states her supervisor in the letter of engagement and also this

"There may be circumstances where it may be appropriate for another member of the family
department to carry out some work on your matter or to take over the conduct of your matter
completely. You will be kept fully advised if such situation arises.
We aim to offer all of our clients an efficient and effective service and I am confident that we will do
so in this case. You are welcome to send us compliments, complaints or suggestions but if you are
unhappy with any aspect of our service you should feel free to raise the matter promptly with me.
We would much prefer that any misunderstandings are dealt with at an early stage than to have a
client who is any way dissatisfied"

If she knew she was unable to come to court with me then why didn't she say earlier and then I could have spoken to her supervisor. I'm so angry.

Also when I asked her last week who could I contact in her absence then why didn't she point me in his direction instead of saying no one else was available. It states the whole team would be able to help me in the engagement letter

They will care about potential complaint to SRA though, it is Solicitors Regulation Authority!

Paralegals absolutely can represent you in court. I'm a paralegal and I just ask the Judge for rights of audience. I literally have a trial next month. I'm not in family law but all our paralegals do hearings.

She sounds really awful though from what you are saying, this would never fly in my firm!

Not strictly true. paralegals can have plenty of qualifications!

This!

Ok so she has not held herself out as a solicitor (I am not surprised by this). Forget that.

Can I say again please focus on getting this fixed and put the complaint to one side for the moment. I understand why you are angry but:

1. Can someone from the firm with rights of audience attend? How much would that cost? Do they consider it necessary?

2. If not can the hearing be adjourned? Is there time? How much would such an application cost? Would this carry any risk that the other side could get their costs off you?

3. If not, where’s the bundle - you need it urgently and they need to crack on so you can read it and ask them any questions about it. What is this reference to statements? Why have they not asked you to do one?

4. Other questions about the purpose of the hearing and arguments you should make, obtain book as per my comment above.

If you can’t get anything sensible from her then ask to speak to the supervisor to get answers to these questions.

Well this one is studying toward her law degree and based on her conduct is not an experienced paralegal who should be handling own cases

Is this a fairly new thing because it never used to be the case?

You have had very poor service. I would suggest sending a succinct email to the partner responsible for complaints tonight, summarising the problem. You should explain that you have been left in the lurch due to the failure to tell you promptly that the paralegal could not represent you, and the apparent failure to prepare the case properly for the hearing. You should say that you need them to draft an email you can send to the court explaining the situation and that it is not your fault but theirs, and that you should not be penalised as a result, but that an adjournment will be necessary to enable you to prepare adequately.