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To ask that people STOP giving incorrect Legal advice!!!

241 replies

PoisonMaple · 27/04/2024 08:14

I see this time and time again.

Stop it. Especially in family matters.

I get it, some information is generic and helpful, but seriously, the details!!! Stop it. These are people who are struggling and looking for understanding, give it, but stop giving Legal advice unless you're qualified to do so.

No, you are not garaunteed spousal maintenance.

No, you cannot name the OM/OW in Proceedings.

No, you cannot delay your divorce to force the other side into financial disclosure.

No, you are not going to get to keep the house because you've been at home with children. Even if you do get the house, it'll be for a set period of time until the Courts deem that you need to sell or find an agreement which allows the other sides longterm housing needs to also be met.

No, you cannot just 'get his payslips,' get your 'ducks' in a row, screenshot the messages, and then assume that you'll get a better settlement with all this evidence. You won't.

'Custody' is not a thing. Your child(ren) will live with and spend time with.

No, you cannot ensure PR remains only yours. A Declaration of Parentage is simple and straightforward, as is the process to prove you're a parent and get PR, even abusers are entitled to that. It does not guarantee contact, but you can't stop PR by not adding to a birth certificate. Especially if the other side is persistent and wants that right.

I understand more than most how emotive a marriage/relationship breakdown is, both the human and legal aspect of it.

The bottom line is this, every matter is different. The process may start off the same, but the outcome is not the same each time and never garaunteed. A settlement that I can get for 1 client is absolutely not going to be the case for another client, even if their circumstances are the same.

OP posts:
Thread gallery
7
ItsFuckingBoringFeedingEveryoneUntilYouDie · 27/04/2024 08:49

H and I separated. I saw two different family solicitors. They were definitely both solicitors, not paralegals. I spent an hour with each. Neither charged me. One, I had full confidence in, the other less so. I used the first one.

It is a service which some solicitors offer, but not all, by any means. For some it appears to be a way to get new clients in the door.

The rest of what you post is fair.

VestibuleVirgin · 27/04/2024 08:50

PoisonMaple · 27/04/2024 08:29

This is accurate, except you don't get an hour and you are not talking to a solicitor, we are fee earners, meaning our time is billable, and we are in court, a lot.

We have fantastic Paralegal's who will spend time understating your issues, tell you what your options are in terms of next steps (process only, not advice), and then leave it with you.

You will not get a free hour anywhere with a qualified solicitor unless they are available pro-bono and you are eligible.

I would be very concerned if a paralegal was understating my issues.

YaWeeFurryBastard · 27/04/2024 08:50

Warrantedrab · 27/04/2024 08:47

You’re not entitled to it, but they are easy to find with law firms. I used a few when I left my partner to understand how things stood

I really don’t think they are “easy to find”. You might get a paralegal offering an overview of the law/process but in my entire professional career I have never known a billing solicitor to give a free half hour as opposed to a customer paying for legal advice.

jeaux90 · 27/04/2024 08:51

LeaveTheClocksAlone · 27/04/2024 08:42

I do genuinely have a law degree.

sent from iphon

😂😂

BeachBeerBbq · 27/04/2024 08:52

Legal advice is like diet advice on here. Dangerous in most cases

FiftynFooked · 27/04/2024 08:52

Same with employment law!

Warrantedrab · 27/04/2024 08:53

YaWeeFurryBastard · 27/04/2024 08:50

I really don’t think they are “easy to find”. You might get a paralegal offering an overview of the law/process but in my entire professional career I have never known a billing solicitor to give a free half hour as opposed to a customer paying for legal advice.

I don’t know what you want me to say? I needed them, I found them, I used them 🤷🏻‍♀️

EliflurtleAndTheInfiniteMadness · 27/04/2024 08:54

BathshebaEverdene1 · 27/04/2024 08:42

Yes but to be honest it's up to the individual to seek proper advice not listen to strangers online. In life, people often talk ill informed nonsense and everyone should know that, surely.
I know of someone who recently arrived at the family court with his mum and sister in tow, convinced they could come in and have their say.
Not one of them had even used the internet to do the most basic research.
This is despite being convinced they are really really " clever".

Im curious what they thought they'd achieve with this and what mum and sister were planning to say. How great he was so he deserves it all?
My stbxh keeps telling me he doesn't believe Im being fair to him, but refuses to get legal advice, doesn't have the time apparently. He also wants things to happen faster but refuses to have any input into making things happen.

NCgoingdry · 27/04/2024 08:54

LeaveTheClocksAlone · 27/04/2024 08:42

I do genuinely have a law degree.

sent from iphon

😂😂

MrsPuckle · 27/04/2024 08:54

LeaveTheClocksAlone · 27/04/2024 08:42

I do genuinely have a law degree.

sent from iphon

🤣🤣

Darhon · 27/04/2024 08:54

I’m not legally qualified but do sometimes post to clarify that you’re in a remarkably shit position if you are separating and don’t work or work in a low paid job because you’ve given up work to provide childcare because the current approach is for clean splits with as near as 50:50 financial settlements in most cases. So spending loads on solicitors in the hope of something better is pointless. Different if there has been abuse and where legal aid might be possible and a more complex situation regarding access to children. There’s normally a few posters on each thread pointing this out as well.

But of course people may approach you desperately hoping for the better outcome, because let’s face it, it’s a pretty scary place to be with young kids or a lifetime of not working because you looked after the life admin/kids/relatives to find you’ll be in a financially precarious position.

Viviennemary · 27/04/2024 08:55

BeachBeerBbq · 27/04/2024 08:52

Legal advice is like diet advice on here. Dangerous in most cases

But makes interesting reading though. People are usually quick to shout down inaccurate advice.

themidimit · 27/04/2024 08:55

And the same with some of the 'advice' on how to raise complaints with schools and what possible resolutions you might get!

FriendlyNeighbourhoodAccountant · 27/04/2024 09:01

As the username might suggest, I feel very similar about tax and accounting "advice" on MN.

saveforthat · 27/04/2024 09:01

OK so this thread is pointless as you could substitute "legal" advice with pretty much anything. I would say the most dangerous is medical. I'd like to think that general OPs are not that thick though and are just posting to hear other people's experiences while they wait to see their doctor/lawyer/plumber.

saveforthat · 27/04/2024 09:02

MrsPuckle · 27/04/2024 08:54

🤣🤣

Could someone explain this joke to me please? Thanks

BeachBeerBbq · 27/04/2024 09:03

saveforthat · 27/04/2024 09:02

Could someone explain this joke to me please? Thanks

Baby raindeer netflix

PoisonMaple · 27/04/2024 09:04

VestibuleVirgin · 27/04/2024 08:50

I would be very concerned if a paralegal was understating my issues.

Then you should make sure you pay for a 1 hour private hourly rate appointment with a practising Solicitor.

95% of firms operate with Paralegals, they're like the Nurses for the Dr.

Your first contact will be reception, and you will then be talking with a Paraleglal about your issue.

A fee earning Solicitor will not sit there and talk to people who they are not instructed by, legal aid or not as their time is chargeable.

The general public will call a firm for guidance. You are not getting that for free from a Solicitor.

Further, Paralegal's are the future Solicitor's of the legal sector. Some are more knowledgeable than the qualified Solicitor's that they support!

Don't turn your nose up at them.

OP posts:
saveforthat · 27/04/2024 09:04

BeachBeerBbq · 27/04/2024 09:03

Baby raindeer netflix

Ah, haven't seen it. Thanks

BathshebaEverdene1 · 27/04/2024 09:05

EliflurtleAndTheInfiniteMadness · 27/04/2024 08:54

Im curious what they thought they'd achieve with this and what mum and sister were planning to say. How great he was so he deserves it all?
My stbxh keeps telling me he doesn't believe Im being fair to him, but refuses to get legal advice, doesn't have the time apparently. He also wants things to happen faster but refuses to have any input into making things happen.

Edited

They were all going to tell the judge that he was a great guy who should have sole " custody" ( yes they all use that word) and the mum was " crazy".

They didn't seek any legal advice. Too arrogant.

People are really stupid.

I hope it goes well with your ex.

Hateam · 27/04/2024 09:05

Does this apply to Common Law marriages?

ViscountessMelbourne · 27/04/2024 09:08

I know bugger all about family law but quite a lot about wills and probate and the blind confidence with which people post eg "if you don't make a will then your spouse gets everything" grinds my gears.

If you don't know the answer then either say "I think?" Or don't sodding post.

But it comes with the territory.

ViscountessMelbourne · 27/04/2024 09:08

Hateam · 27/04/2024 09:05

Does this apply to Common Law marriages?

😁

Herdingcatz · 27/04/2024 09:09

PoisonMaple · 27/04/2024 09:04

Then you should make sure you pay for a 1 hour private hourly rate appointment with a practising Solicitor.

95% of firms operate with Paralegals, they're like the Nurses for the Dr.

Your first contact will be reception, and you will then be talking with a Paraleglal about your issue.

A fee earning Solicitor will not sit there and talk to people who they are not instructed by, legal aid or not as their time is chargeable.

The general public will call a firm for guidance. You are not getting that for free from a Solicitor.

Further, Paralegal's are the future Solicitor's of the legal sector. Some are more knowledgeable than the qualified Solicitor's that they support!

Don't turn your nose up at them.

I’m not sure that you can write a thread bemoaning incorrect advice online and then write something that is incorrect and based only on your own work experience. You say that you are not getting free advice from a solicitor- but there are firms who do offer this as part of their way of sourcing new business and people here have used that?

Your firm might not offer it, other firms might offer different things- different length consults, consults with different levels of staff. But I don’t think you can say something doesn’t exist simply because you haven’t seen it.

PuntasticUsername · 27/04/2024 09:12

PoisonMaple · 27/04/2024 08:26

See attached.

Again, not true!!!!!!

I don't think this is a Mumsnet post though, it looks like it might be Netmums?