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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
monsteramunch · 04/09/2023 12:55

Have been thinking of you today OP, hope it all goes ok Flowers

smashburger · 04/09/2023 12:59

Also thinking of you today and hope al goes well xx

Lakes11 · 04/09/2023 18:27

Hi everyone thank you for your well wishes.
I was extremely nervous and very thankful for the mckenzie friend I had with me. She had some background in magistrates and worked with children in an education setting her entire career. She kept me calm. His barrister did try to negotiate and actually spoke over the judge at one point. I didn't really say much at all in court because I submitted my position statement to the court this morning which they and the cafcass officer read which raised concerns and therefore contact remains the same until more investigations into my exes behaviour.
I'm so thankful I wrote that position statement now even though orginally my Paralegal said I didn't need to!
It was a nerve wracking time but I now have quite alot of time to seek proper legal help. I'm really hoping I can find someone decent.

OP posts:
Chasetherainblownfearsaway · 04/09/2023 18:58

@Lakes11 Sounds like you did brilliantly!

Katrinawaves · 04/09/2023 19:38

Well done @Lakes11. If you are granted legal aid, do you plan to stay with that firm but ask them to use Counsel for court hearings? Or are you going to look elsewhere and ask for the legal aid certificate to be transferred- which will take time.

Oblomov23 · 04/09/2023 20:06

Well done OP. You did brilliantly. Good for Mn, and the fabulous posters who advised you well.

Lakes11 · 05/09/2023 18:30

Katrinawaves · 04/09/2023 19:38

Well done @Lakes11. If you are granted legal aid, do you plan to stay with that firm but ask them to use Counsel for court hearings? Or are you going to look elsewhere and ask for the legal aid certificate to be transferred- which will take time.

Well the partner I was emailing isn't even replying now. I rang to speak to the partner directing supervising the paralegal but he was busy. So I'll call again tomorrow. I'm not sure if I can continue with this firm tbh

OP posts:
Lakes11 · 05/09/2023 18:32

Thanks to each one of you who helped me and by supporting me.
I've had a few friends and family message me today asking if I'd seen exes post on social media as he's now decided to make his account public again.
Just a post stating how he had an awful day but thankful he has so many people around him that support him and then comments from his family. Ugh

OP posts:
TheAOEAztec · 05/09/2023 18:35

Op good job on holding up. Really!

Don't let them get away with it. They will do it to someone elae who will not be as atrong aa you

Lakes11 · 05/09/2023 21:24

Let's just hope they actually respond. I've signed a letter of engagement and right now I definitely feel they are not upholding it

OP posts:
Lakes11 · 06/09/2023 16:57

Just spoke to the partner who supervising the paralegal. He was the rudest person I think ive ever spoken to. So aggressive and defensive. I had to say to him twice I don't like how you're speaking to me and you're being very defensive. He would not accept the paralegal had done anything wrong and then stated you clearly don't have confidence in this firm so you need to have a long think about how you would like to proceed and if we are the right firm for you.
He would not listen to any of my concerns or accept them at all. I've paid so much money to them. I felt like I didn't get a good service but yet I'm made to feel absolutely horrendous

OP posts:
Katrinawaves · 06/09/2023 17:09

They sound awful! I would not want to proceed with them if they are not going to listen to your concerns and address them.

In your shoes I would ask them to confirm whether legal aid has been granted. Once you know the decision of the legal aid board I would find another firm and check that the certificate can be transferred to them.

Once you know you have alternative representation and finding will be in place, ask them if their complaints process has been exhausted. Transfer to the new firm and once the files have been passed to the new firm, report them to SRA. Do it all in this order so that you always have representation and so they don’t refuse to hand over your file to the new firm because they need it to respond to your complaint against them.

Oblomov23 · 06/09/2023 18:14

I'd be asking for a large refund, or a large part, based on the fact they've failed you. I'd do it in writing in an email, so there's a paper trail.

Lakes11 · 06/09/2023 20:02

Oblomov23 · 06/09/2023 18:14

I'd be asking for a large refund, or a large part, based on the fact they've failed you. I'd do it in writing in an email, so there's a paper trail.

Well there's no point. His stance is we have done nothing wrong and we are not budging. So I think the only option is follow complaint procedure and then SRA. However I don't want to be left without any legal representation. So I could try and find another firm who accepts legal aid and I believe there's only 1 other in my county. I feel like as soon as legal aid is mentioned they don't really care about you. I get they have to make money but I thought their role was to help people and I do not get that impression at all from this firm.

I just feel like I'm constantly let down

OP posts:
Hello412 · 07/09/2023 23:01

I would really try and find another firm, as it feels like the relationship has really broken down. What about searching for a firm in the next County over? Trying a little bit further afield. If there is a lack of legal aid firms in you area, its entirely reasonable to search a bit further afield. Good luck!

ZadocPDederick · 07/09/2023 23:17

Lakes11 · 06/09/2023 16:57

Just spoke to the partner who supervising the paralegal. He was the rudest person I think ive ever spoken to. So aggressive and defensive. I had to say to him twice I don't like how you're speaking to me and you're being very defensive. He would not accept the paralegal had done anything wrong and then stated you clearly don't have confidence in this firm so you need to have a long think about how you would like to proceed and if we are the right firm for you.
He would not listen to any of my concerns or accept them at all. I've paid so much money to them. I felt like I didn't get a good service but yet I'm made to feel absolutely horrendous

You need to go over his head. In the original engagement letter, were you given the name of the person responsible for dealing with complaints?

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