Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think my solicitor has screwed me over!

192 replies

Lakes11 · 30/08/2023 17:58

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!

OP posts:
Original poster
Lakes11 · 30/08/2023 21:53

UneFoisAuChalet · 30/08/2023 21:28

Can you remember or have a copy of signing a Cw1 OP? The date on it will tell when you/they applied for LA.

Another move you can make is to register with a new solicitor, one who preferably has an LA contract, and they will in turn request your file from your current solicitor. They have to transfer your file within seven days but if you explain that your court date is Monday and your current solicitors have done fuck all, the new solicitor can pressure them and then request an adjournment based the lack of work etc the current ones have done. All will be seen on your file, dates, communications, etc. New representation can also lead to adjournment.

You can shuffle off and self rep, but why? You did nothing wrong, They did.

I believe she done the CW1 for me and submitted it. I just looked back and the application to decision took 5 days last time. I cant understand why it's taking so long this time. It was submitted between the 21st and 23rd august I believe.

The other solicitor in my area who does legal aid was useless also. I have a private consultation with them and discussed legal aid. He then told me I would need to put 1000 on account for him to be able to apply for legal aid and answer my ex's solicitor. When I then contacted him he ignored my emails
I think there is one more but they were not taking on anymore clients I don't think.

OP posts:
Original poster
Lakes11 · 30/08/2023 21:54

Also thank you so much to everyone who has responded. I'm a bit of an emotional wreck and your advise is really helping to know what I need to do.

OP posts:
Letsgetouttahere2023 · 30/08/2023 21:57

Report her and her firm to the regulatory body. Totally unacceptable

Original poster
Lakes11 · 30/08/2023 22:03

Oh and also in her previous email my paralegal just informed me that my ex's out of office email has said she is not in until the 1st september. So friday!

OP posts:
Original poster
Lakes11 · 30/08/2023 22:05

ex's solicitors out of office*

OP posts:
UneFoisAuChalet · 30/08/2023 22:06

Unfortunately legal aid in this country is a disaster right now. In my area, no one is taking on new clients because they don’t have the capacity.

I imagine your poor, inexperienced paralegal either didn’t put in the paperwork or was told you weren’t eligible and didn’t tell you.

Either way, you’ve been left in a vulnerable position and you deserve for it to be made right. The paralegal must be supervised by someone. Ask to speak to them. Ask for their regulation number. I can’t give legal advice unless I’m regulated. Legal aid contracts are serious business and easily lost if any discrepancies exist. This could spell the end of this law firm.

Stand your ground and refused to be fobbed off.

Sadlysadsad · 30/08/2023 22:20

Lakes11 · 30/08/2023 21:41

Thank you. My ex's solicitor has stated in various emails that my conduct is unacceptable and that she will be making the judge aware of this.

My conduct has not been and me and the paralegal have only ever sent non emotional emails. My ex's solicitor did not send the application for court to my paralegal as directed, has not replied to a important request from me, has not sent the bundle to us and is being incredibly difficult. My paralegal also mentioned at the beginning in april that this solicitor is known for being a bull in a china shop and being tough and she was especially shocked at the email she had sent me before I had legal representation.
So I am very worried about what she is going to say to the judge. I also know they can try speak to me before court and I feel they are going to try bully me into some agreement before hand.

Show quote history

His solicitor can make the Judge aware of whatever conduct she wants. Judge won’t give a shit tbh.

The way it will work is they will say their bit, which will mostly be lies, then you will get to say your bit, where, if you need to, you explain how you haven’t conducted yourself badly or why you’ve done what you’ve done.

It is very scary, my ex had an absolute cow of a solicitor, and I honestly thought I was done for, but…..you know your situation and your children better than anyone, and you can vocalise your thoughts more than anyone.

If you don’t agree with something then say you don’t agree, if you want something (ie fact finding or Section 7) say you want them and explain why.

I have found family court not terribly mum orientated, but I will say they won’t let his side yell at you or behave badly. I do recall my exs solicitor basically standing there bitching about me and the Judge putting a stop to it.

Ideally the solicitors firm will come up with something tomorrow to represent you Monday, but even if they do, you still need to know your case inside and out, because you need to ensure what you want said is said.

I write reams to my Barrister to make sure they know exactly what my thoughts are, because I have lived my case for over two years now!

Original poster
Lakes11 · 30/08/2023 22:49

Sadlysadsad · 30/08/2023 22:20

His solicitor can make the Judge aware of whatever conduct she wants. Judge won’t give a shit tbh.

The way it will work is they will say their bit, which will mostly be lies, then you will get to say your bit, where, if you need to, you explain how you haven’t conducted yourself badly or why you’ve done what you’ve done.

It is very scary, my ex had an absolute cow of a solicitor, and I honestly thought I was done for, but…..you know your situation and your children better than anyone, and you can vocalise your thoughts more than anyone.

If you don’t agree with something then say you don’t agree, if you want something (ie fact finding or Section 7) say you want them and explain why.

I have found family court not terribly mum orientated, but I will say they won’t let his side yell at you or behave badly. I do recall my exs solicitor basically standing there bitching about me and the Judge putting a stop to it.

Ideally the solicitors firm will come up with something tomorrow to represent you Monday, but even if they do, you still need to know your case inside and out, because you need to ensure what you want said is said.

I write reams to my Barrister to make sure they know exactly what my thoughts are, because I have lived my case for over two years now!

Show quote history

Thank you. I have sent over screenshots of messages to my Paralegal as she was trying to get me to send my son for another night. I said no because the whole point of.my case is that I want less time due to medical neglect. If I give more time then it just looks like I don't care about my initial concerns.
She's supposedly meany to specialise in domestic abuse but I feel she has no clue.
I've asked a few times about our plan of action. She's told me there isn't much I can do right now. I mean if that's her way of preparing me for court then I don't know what this woman is doing. I don't feel it's hard to explain what I want and my concerns to her and for us to come up with a plan....

OP posts:
Original poster
Lakes11 · 30/08/2023 22:51

UneFoisAuChalet · 30/08/2023 22:06

Unfortunately legal aid in this country is a disaster right now. In my area, no one is taking on new clients because they don’t have the capacity.

I imagine your poor, inexperienced paralegal either didn’t put in the paperwork or was told you weren’t eligible and didn’t tell you.

Either way, you’ve been left in a vulnerable position and you deserve for it to be made right. The paralegal must be supervised by someone. Ask to speak to them. Ask for their regulation number. I can’t give legal advice unless I’m regulated. Legal aid contracts are serious business and easily lost if any discrepancies exist. This could spell the end of this law firm.

Stand your ground and refused to be fobbed off.

I always find people try and make you feel like you're causing a fuss. However I've paid close to 2000 already for what though? For me to now self represent with me none the wiser about what's going on or what I'm doing.
I don't want to be fobbed off. I'm tired of people trying to do that to me and making me feel like I'm being a pain when I just want a Service that I've paid for!

OP posts:
UneFoisAuChalet · 30/08/2023 23:03

Lakes11 · 30/08/2023 22:51

I always find people try and make you feel like you're causing a fuss. However I've paid close to 2000 already for what though? For me to now self represent with me none the wiser about what's going on or what I'm doing.
I don't want to be fobbed off. I'm tired of people trying to do that to me and making me feel like I'm being a pain when I just want a Service that I've paid for!

Show quote history

So don’t let them fob you off. From what you’ve told us on this thread, the way your law firm is acting is literally against the law, ironically. They are regulated and cannot act this way. Arm yourself with that knowledge - you’re not causing a fuss. Even if you were entirely on LA and hadn’t paid a penny, I cannot stress enough that they cannot do this.

So, be ready for tomorrow. And if they don’t give you the answers you want, contact a local DV charity and they’ll help you as well. There are many people in the business who are good and will help. Don’t let these twats get you down and remember, it’s a small world and word gets around. The court and clerks probably know about the chancers representing you, because guaranteed you’re probably not the first, but you’ll be the one to speak out loudly 👍

Moonwatcher1234 · 30/08/2023 23:04

Lakes11 · 30/08/2023 21:41

Thank you. My ex's solicitor has stated in various emails that my conduct is unacceptable and that she will be making the judge aware of this.

My conduct has not been and me and the paralegal have only ever sent non emotional emails. My ex's solicitor did not send the application for court to my paralegal as directed, has not replied to a important request from me, has not sent the bundle to us and is being incredibly difficult. My paralegal also mentioned at the beginning in april that this solicitor is known for being a bull in a china shop and being tough and she was especially shocked at the email she had sent me before I had legal representation.
So I am very worried about what she is going to say to the judge. I also know they can try speak to me before court and I feel they are going to try bully me into some agreement before hand.

Show quote history

If you end up representing yourself ok Monday then you are not under an obligation to speak to them beforehand if you are worried they may try to strong arm you into agreeing to something. Go through security early and find a conference room if possible. Let the usher know that you are in there so they know where to find you to begin the hearing. If you still encounter your ex and his sol and don’t wish to speak to them ask them to communicate whatever they wish to say in writing. Good luck and I really hope your firm steps up and sorts out their mess so that you aren’t in this position on Monday.

XelaM · 30/08/2023 23:17

Katrinawaves · 30/08/2023 18:24

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

This!!! OP you need to contact the partner in charge and make a complaint. If you don't get anywhere complain to the Legal Ombudsmann and the SRA. The firm will care believe me.

smashburger · 30/08/2023 23:28

Lakes11 · 30/08/2023 18:34

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.

I'd be making it clear to the firm you will be represented by somebody qualified and not at your expense because of the massive cock up their PA has caused and also weirdly has been giving you legal advice when she is not qualified.

Just thinking if this was i was OP, how I would feel suddenly being told I've been having solicitors advice from a PA. You must be gobsmacked at the balls on her. I would be open mouthed

Original poster
Lakes11 · 31/08/2023 07:24

Ok so plan of action is to call the firm and speak to the partner listed on the engagement letter as supervising the paralegal. Explain I've been left without representation 4 days prior to the hearing. PL did not explain or make clear they did not have advocacy rights and could not represent in court for me. PL did not pass me onto someone who could and only now been advised legal aid is not in place and won't have a decision until after the hearing. Also explain the PL told me there was no one else I could contact in her absence on annual leave and that I was only aware about a court bundle yesterday and that this has not been supplied by the other party so I'm in the dark and cannot look through to check it is all ok. Explain I've paid alot of money for not very good advice and some queries being ignored. I had asked PL to told me the process of court etc and what our plan of action was but she told me there was nothing I could do for now.
Ask what is going to now be done as I'm now abandoned and on my own for the hearing and due to the aggressiveness on the other party I'm concerned about representing myself.
Shall I also mention at this point about the SRA/ legal ombudsman? Or wait to see how they are going to handle this? If I feel they are trying to fob me off then shall I then mention about going to them?

OP posts:
TheAOEAztec · 31/08/2023 07:31

I feel really uncomfortable with everything being done over the phone. I am sure part of her training and some modules in her course mentioned everything confirming in writing in clear language so client understands and can confirm they understand.

Wait and zee what they say before SRA.

Nazzywish · 31/08/2023 07:33

Lakes11 · 31/08/2023 07:24

Ok so plan of action is to call the firm and speak to the partner listed on the engagement letter as supervising the paralegal. Explain I've been left without representation 4 days prior to the hearing. PL did not explain or make clear they did not have advocacy rights and could not represent in court for me. PL did not pass me onto someone who could and only now been advised legal aid is not in place and won't have a decision until after the hearing. Also explain the PL told me there was no one else I could contact in her absence on annual leave and that I was only aware about a court bundle yesterday and that this has not been supplied by the other party so I'm in the dark and cannot look through to check it is all ok. Explain I've paid alot of money for not very good advice and some queries being ignored. I had asked PL to told me the process of court etc and what our plan of action was but she told me there was nothing I could do for now.
Ask what is going to now be done as I'm now abandoned and on my own for the hearing and due to the aggressiveness on the other party I'm concerned about representing myself.
Shall I also mention at this point about the SRA/ legal ombudsman? Or wait to see how they are going to handle this? If I feel they are trying to fob me off then shall I then mention about going to them?

Re sra/ ombudsman I'd drop it in by saying I'm aware I have recourse to complaints procedure Incuding sra/ombudsman but I'd like to try and get things sorted directly with you first as I need the help etc etc. So they know you know your rights but your giving them a chance to sort things out or out something in place for Monday at least. Once Monday passes then go to town with your complaint

Original poster
Lakes11 · 31/08/2023 07:44

Just found out this morning as well that the police won't be taking my report of my ex for threatening behaviour and harassment any further. Honestly feel like the world is against me atm and feel like victims of domestic abuse get treated so badly/got no help whatsoever from the system that says it's suppose to help you.

OP posts:
Gazelda · 31/08/2023 07:59

Lakes11 · 31/08/2023 07:44

Just found out this morning as well that the police won't be taking my report of my ex for threatening behaviour and harassment any further. Honestly feel like the world is against me atm and feel like victims of domestic abuse get treated so badly/got no help whatsoever from the system that says it's suppose to help you.

Oh no, I can imagine you're feeling very alone right now. But please keep in mind the scores of MNers on this thread who are willing you on.

Good luck with your calls today. Keep a notebook beside you, bullet point everything said. Have a list of everything you want to cover on Monday, together with clear details of the issues you've encountered with this firm of solicitors. Be prepared with clear and concise information.

helplesshopeless · 31/08/2023 08:03

Rooting for you OP Flowers

RobinStrike · 31/08/2023 09:25

Another one rooting for you. I'd just like to add at the end of the phone call ask for confirmation of anything promised to be put in an email. Paper trail is so important.

Original poster
Lakes11 · 31/08/2023 10:54

I've called the firm and the supervising solicitor/partner is on annual leave. I was directed to another office spoke to the secretary who said she would have to find out who's available to contact me.

Still no bundle from the other party.
Still no contact from the Paralegal.

I'm in the process of seeing if a mckenzie friend to help support me Monday.

OP posts:
Whataretheodds · 31/08/2023 11:00

If you haven't heard back in a couple of hours, call again. Be a polite but squeaky wheel.

Katrinawaves · 31/08/2023 11:03

In these circumstances you really don’t want to be dealing with gate keeping secretaries or receptionists.

Can you determine from the website who the most senior partner in the family law team is and email them with a short summary of what has gone on. Their email address is likely to follow the same format as the paralegals even if the exact address is not available on the website.

Original poster
Lakes11 · 31/08/2023 11:11

Katrinawaves · 31/08/2023 11:03

In these circumstances you really don’t want to be dealing with gate keeping secretaries or receptionists.

Can you determine from the website who the most senior partner in the family law team is and email them with a short summary of what has gone on. Their email address is likely to follow the same format as the paralegals even if the exact address is not available on the website.

What if they are also unavailable or on annual leave.
It's just all such a mess. This firm is awful

OP posts:
Katrinawaves · 31/08/2023 11:17

They will likely have an out of office then directing you to someone covering them in their absence. Or if they don’t you could email all the partners at your local practice. But I wouldn’t do the email all option without first trying a targeted email to the family law partner.