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AIBU?

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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 · 01/09/2023 08:33

WhatapityWapiti · 31/08/2023 20:12

Yes, ask them for the attendance note of the conversation in which she advised you that she could not represent you. Also point out that if they did intend to arrange separate representation they needed to have organised that much sooner.

Point of law - the entire file is your property as the client, you can ask to be sent the original, they are entitled to retain a copy.

Which file is this?

OP posts:
Original poster
Lakes11 · 01/09/2023 08:48

Thank you for everyone's advise I am so so thankful.
I emailed the partner back and stated that although the PL is saying she told me from the beginning she couldn't represent me this was absolutely not the case and she never made it clear on the phone to me about her role.

I said I didn't wish to complain however I would take it further if I needed to and is there anyone else that could be with me in court on Monday.

She said there was no one else that could be with me on Monday and that they could advise a barrister is provided at solicitor rates.

Not once has she acknowledged the rubbish service that I've paid for. She then said if I remain unhappy I can follow the complaint procedure

OP posts:
ZadocPDederick · 01/09/2023 08:52

Lakes11 · 01/09/2023 08:33

Which file is this?

Show quote history

They will have opened a file relating to your case.

ZadocPDederick · 01/09/2023 08:55

Lakes11 · 31/08/2023 13:34

The partner has just emailed me and said this I've remitted her PL name

"I understand from "the Paralegal" that from the outset she advised you that if the matter went to Court she would not be able to represent you herself (i.e. undertake the advocacy) as she is not yet legally qualified and works as a paralegal, but that she would of course attend Court with you for support with the advocacy being conducted by a barrister. At the time you were given this information, the case was proceeding on a privately paid basis. Your financial circumstances have changed meaning that an application has been made for legal aid on 7th August 2023. Unfortunately, the decision as to funding is not going to be delivered before the hearing and "the paralegal" has chased the Legal Aid Agency to see if this could be expedited. They have confirmed that it cannot.

In the circumstances, and as per "the paralegals" earlier advice given to you, representation can be arranged in the form of barrister but the cost would need to be met by you due to funding not being in place at this time. It is not the case that you are being left without representation – it can be arranged for you but at an additional cost."

So the partner is taking what the paralegal is saying. The PL absolutely did not make it clear she could not come.to Court with me because she is not qualified. She never said those words to me and never made that clear. It was only yesterday that she told me she has no advocacy rights. And I have been left with no representation because this was all news to me as of yesterday and how am I suppose to scramble together a possible 1000 in the space of a few days.

I feel like she's protecting her

Did they submit the legal aid application on an emergency basis, telling the legal aid agency that there was an imminent hearing?

Did the original client care letter say anything about who could represent you at any hearing?

If they haven't sent the complaint procedure, and if it isn't on their website, ask for a copy.

Original poster
Lakes11 · 01/09/2023 09:24

Whataretheodds · 31/08/2023 14:37

What, if any, correspondence have you had from the law firm/PL in writing inckuding a quote/invoice? How much have you paid them?

I've had a couple of invoices. It's towards almost £2000 i've paid

OP posts:
Original poster
Lakes11 · 01/09/2023 09:27

ZadocPDederick · 01/09/2023 08:55

Did they submit the legal aid application on an emergency basis, telling the legal aid agency that there was an imminent hearing?

Did the original client care letter say anything about who could represent you at any hearing?

If they haven't sent the complaint procedure, and if it isn't on their website, ask for a copy.

Show quote history

I'm not sure if it was on an emergency basis, she didn't say it was so I'm assuming not. When I asked her before on the phone about court she said in a calm way, it's still not for a month so we have plenty of time. Within that time shes hardly done anything apart from reapply for legal aid for me. That's it.

The orginal care letter did not say anything about who would represent me in court. All it said was she was under the supervision of another solicitor due to her being a paralegal.

OP posts:
Original poster
Lakes11 · 01/09/2023 15:23

Still have heard nothing back from the solicitors. Still have not received the court bundle. I have no idea what documents I need to take to court!

OP posts:
Original poster
Lakes11 · 01/09/2023 16:32

Just to now add. The paralegal has now said a position statement would be useful to me on Monday. I've asked her so many times over the months about one and she said one would not be needed for the first hearing.

I also queried many times about letting my DS have over night contact and this would not look good on my concerns if I allowed this. PL said no i believe its ok and in DS best interests. I've now received the position statement from the other party and of course they are using that against me.

OP posts:
XelaM · 01/09/2023 18:09

OP - I'm a solicitor (not in family law though) and I'm absolutely appalled on your behalf. Firms that operate like this should be closes down (and regularly do get closed down by the SRA). I would report them to the SRA and also make a complaint to the Legal Ombudsman. On Monday, I would ask for the hearing to be adjourned for you to find new representatives.

GrannyGoggins · 01/09/2023 19:04

XelaM · 01/09/2023 18:09

OP - I'm a solicitor (not in family law though) and I'm absolutely appalled on your behalf. Firms that operate like this should be closes down (and regularly do get closed down by the SRA). I would report them to the SRA and also make a complaint to the Legal Ombudsman. On Monday, I would ask for the hearing to be adjourned for you to find new representatives.

I'm not a solicitor but I agree with above.

You have not been provided with the needed documents and have not had the chance to submit your own. When you go into court on Monday, explain the situation to the judge or magistrates and ask for an adjournment to enable you to find representation.

GrannyGoggins · 01/09/2023 19:06

I would also go to the SRA and make a formal complaint to the firm and ask for a refund as you have paid for a service you haven't received.

Ghastisflabbered · 01/09/2023 19:39

needtofatoff · 31/08/2023 12:41

Whilst this can be true many paralegals are also promoted secretaries with no formal legal qualifications whatsoever.

OP what does your retainer letter say. Who is the complaints partner. Is it an sra regulated law firm?

Show quote history

Given the capacity to provide legal education at LLB and LPC level has vastly outstripped the capacity to actually qualify those people via training contracts for the last 15 years it’s vanishingly unlikely a paralegal under the age of say 40 is “just” a promoted secretary.

Shes not unqualified, she should know what she’s doing - the fact that she apparently doesn’t has nothing to do with her being a paralegal.

TheAOEAztec · 01/09/2023 19:43

Ghastisflabbered · 01/09/2023 19:39

Given the capacity to provide legal education at LLB and LPC level has vastly outstripped the capacity to actually qualify those people via training contracts for the last 15 years it’s vanishingly unlikely a paralegal under the age of say 40 is “just” a promoted secretary.

Shes not unqualified, she should know what she’s doing - the fact that she apparently doesn’t has nothing to do with her being a paralegal.

Show quote history

In this case she is unqualified since the website mentions the PL is studying towards her Law degree.

Original poster
Lakes11 · 01/09/2023 19:59

XelaM · 01/09/2023 18:09

OP - I'm a solicitor (not in family law though) and I'm absolutely appalled on your behalf. Firms that operate like this should be closes down (and regularly do get closed down by the SRA). I would report them to the SRA and also make a complaint to the Legal Ombudsman. On Monday, I would ask for the hearing to be adjourned for you to find new representatives.

I'm appalled too. I can't believe they have actually treated me like this. I have a feeling this Paralegal is unsupervised alot and she has not given me any relevant advise. All she's really done is respond to letters that the other party has sent with my agreement of the contents.

The only thing I'm hesitant about is being left completely without legal representation as I know this court proceedings will eventually get to a fact finding hearing and I absolutely cannot be unrepresented at that point. I also cannot afford anyone and need legal aid and I have very minimal options in my area

OP posts:
Justsaynonow · 02/09/2023 01:11

@Namechange800 has given you a letter to submit to them. Might be worth a last ditch effort and harder for them to ignore than your previous contacts where they seem to be trying to push back. I can imagine this is incredibly frustrating and scary.

Original poster
Lakes11 · 02/09/2023 08:48

It's too late now. I have my first day at my new job on monday at half 8 and then straight to court after that. I have no one professionally to help me over the weekend. The bundle was sent at 4.10pm yesterday. Ex's team has delayed and not sent us things on purpose this whole time.

Does anyone know anything about court bundles and what should not be in there? The other party has put email correspondence in there from last year when ex stopped DS medication and I told him if he did not give him his medication as directed by doctors then he would not be having DS. I didn't think correspondence was suppose to be in the bundle?
Anything else thats not suppose to be in the bundle?

What about the position statement what is suppose to be in there and what is not?

OP posts:
ZadocPDederick · 02/09/2023 09:00

Do consider asking for an adjournment on the ground that (1) you're waiting for legal aid and (2) the other side's constant lateness with sending documents. If you have something in writing from the solicitors about legal aid, so much the better.

Original poster
Lakes11 · 02/09/2023 09:09

ZadocPDederick · 02/09/2023 09:00

Do consider asking for an adjournment on the ground that (1) you're waiting for legal aid and (2) the other side's constant lateness with sending documents. If you have something in writing from the solicitors about legal aid, so much the better.

Who should I speak to about that? The judge in the room when we go in? The other parties solicitor whilst waiting to go in?
We are also awaiting on my DS GP medical report which for some reason the doctors would not give that info to my ex. So they are trying to get the report again.

OP posts:
Original poster
Lakes11 · 02/09/2023 14:26

Currently writing a position statement. Does anyone have any tips?

OP posts:
ZadocPDederick · 02/09/2023 16:51

Lakes11 · 02/09/2023 09:09

Who should I speak to about that? The judge in the room when we go in? The other parties solicitor whilst waiting to go in?
We are also awaiting on my DS GP medical report which for some reason the doctors would not give that info to my ex. So they are trying to get the report again.

Show quote history

Both. Ask the solicitor whether they agree, whether they agree or not you will have to ask the judge.

Oblomov23 · 02/09/2023 17:18

Sorry to hear, what a mess! Wishing you luck.

SummerDayz47 · 02/09/2023 21:33

google position statement for the correct lay out and wording needed at the top.

You need to lay out your position eg what you propose going forward. For example, DC to live with you and visit dad for x. If you believe he needs supervised or whatever restrictions in place say why.

you do not need to provide any evidence at this stage.

the magistrate will not make any decisions in this hearing. You just need to make your position clear and why

debbs77 · 03/09/2023 00:32

Please please join the group Children's Rights UK. They can help you with all of this

Kezabella84 · 03/09/2023 20:38

I just wanted to wish you luck for tomorrow OP - I’m sure you’ll be fine. It won’t be nearly as scary as you’re expecting it to be right now.

Just wanted to help you through a few points you’ve brought up. Don’t worry about his solicitor/barrister trying to force you into something before the hearing. They’d be bloody foolish to attempt to ambush you and you don’t have to talk to them.

In regards to copies of text messages being included in the bundle - this is allowed unfortunately. Anything he (or you going forward) deem as evidence can be included. Although from what you said the messages contained (about him not administering medicine) I don’t know how he sees this as evidence supporting him but there you go - people are weird.

Good luck again and update afterwards if you are able to.

helplesshopeless · 04/09/2023 12:32

I hope it went well today OP - both the court session and the new job!