Going back to old solicitor embarrassed

[ChangeAwks]

Just wondering if anyone else has been through this I was with one law firm under legal aid, but I wasn’t happy with how things were going so I tried to change. After contacting a few others, it’s been really difficult either they’re not taking on new legal aid clients or they just aren’t responding. Now I’m considering going back to the original firm as they know my case really well and still has the legal aid certificate.

Has anyone else done this? Did the firm take you back? Feeling a bit embarrassed but unsure what else to do.

Don’t see why not, unless you were unpleasant or obnoxious, in which case they might think it’s more trouble than it’s worth.

Don’t expect the service to improve though. Legal aid rates are penury. They will be taking on more LA work than they should just to keep the lights on. (That’s also why nobody else will take the case!)

I am a solicitor of 25 years. I can’t afford to work for LA rates though.

It depends.

if I knew you had done that, I wouldn’t take you back. Breakdown in relationship clearly.

legal aid is awful to practice in. The amount of work needed to even match one of a private solicitors fees is staggering.

many legal aid solicitors won’t accept accept transfer cases either. Fees are block paid in many. (Scotland I should add). So picking up a case someone has already worked on is even less cost effective. They will claim the main block and it has not been resolved.

I’m really embarrassed but I don’t know what else to do. You’re right about the transfer, the minute I contact a solicitor and ask them to transfer legal aid from my previous solicitor, it’s radio silence.

I feel lost and don’t know what else to do

Depends, if I knew you had done that I wouldn’t take you back as a cilent.

I don’t know if I’m just being impatient, but my case is quite urgent and I can’t wait for a response from a solicitor for weeks. I spent all week emailing the same solicitor back and forth, and nothing changed. I went from having full representation to zero.

Unfortunately OP like others said the reality is that legal aid pay sucks and many solicitors are taking on more cases than they can cope with to pay the bills.

You can ask but even if they take you back on, the service may not improve. Its hard to know if your expectations are realistic or if the service really is poor.

Can you represent yourself?

Is it urgent as in there is a hard deadline to be met, or urgent as in important to you? Most solicitors have to differentiate between those two things on a daily basis, and prioritise the former.

If you want a better service, I suspect you’re going to have to pay more than LA rates. It’s also fair to say that - other than a few altruists - most lawyers with a choice don’t work in legal aid, so you won’t be dealing with the best performers either.

Have you actually told them they're fired?

Just to add that legal aid rates are less than a good plumber or joiner is paid plus the lawyer's practice has masses of legal aid admin to complete ( all unpaid ) and large office overheads.

If you wanted to leave the firm because you were unhappy the reality is that you will remain unhappy and that does not bode well for your being able to work with the legal aid lawyer.

My NMO was dismissed because we didn’t attend the hearing, we weren’t notified at all despite chasing emailing/calling the court 4-5 times for an update. Only the respondent knew the date of the hearing. So I want it reinstated or make a new NMO application.

I’ve thought about it but don’t think I have the confidence to do that, and my case is quite complex.

If I was your solicitor I’d refuse to take your case back purely and simply because the relationship has very clearly broken down and for the money involved in LA cases it’s more hassle than it’s worth.

LA rates will only get you LA level service. If there are cases bringing in £300 an hour and cases bringing in £10 an hour- which one would you focus your time and energy on?

If you want amazing service you’re going to have to pay for it.

Email original lawyer and say something like:

Has there been any progress on X yet? As you know, I've been increasingly concerned about the delays and I have been considering finding a new lawyer. I would prefer not to do this, but I would really appreciate your word that XXX is in hand, and we can still meet any deadlines. (Rephrase as appropriate)

God don’t do this! I don’t think I’d take you back anyway but this sort of gaslighting shit would be the final nail in the coffin.

Yeah don’t do this.

”I will take this poorly remunerated task and difficult client relationship elsewhere” doesn’t really work as a threat. I suspect the solicitor’s response will be the exact opposite of what you want.

Fair point about the poorly remunerated task and difficult client relationship but from the OP's posts it doesn't sound like she's actually quit the original solicitor yet, just been making enquiries

When did all this happen? Has the final order been made? If your application really has been dismissed rather than adjourned or rescheduled, I think you’ll have to start again. Have you checked the status with the court? If it’s v recent and no final order, I might try a groveling letter to the court.

@boxtop the OP’s embarrassment at returning to the original solicitor suggests rather more than discreet enquiries.

Yes unfortunately they closed my file and sent the closing letter.

NMO was dismissed and discharged a few months ago, solicitor only received the order this month. The court has not responded to any of my solicitors emails since April. And this is what makes me so angry, it’s the courts fault we missed the hearing, and they’re not responding at all. This is the second hearing we missed and second time they didn’t notify us, first time the hearing was rescheduled which again we were notified.

I don’t even know if I should try and get it reinstated or make a new NMO application.

In that case, your best option is probably to apply yourself and ask the court to serve the respondent. Explain what happened with the hearing date in your evidence. The courts are very supportive of litigants in person (or at least they used to be, back in my litigation days!)

The court system is on its arse, unfortunately, and this is the result. There aren’t many votes in the swift administration of justice - people prefer spaffing money on the health service at the expense of everything else 🤷🏻‍♀️

Further info changes things !

If the court dealt with your NMO ( even though they did not tell you about the court date) I suspect you will have to go through a whole new legal aid application as the work authorised on your original certificate has ended.

That may make getting a new legal aid lawyer a bit easier if you can say it is a new case and a new certificate but:

1. Any new LA lawyer is likely to be as busy and pressurised as the first lawyer.
2. You will need to persuade the legal aid board that you deserve legal aid again.
3. The court may question the need for a NMO if there have been no further incidents since the NMO application was dismissed a few months ago. If there have been further incidents were these reported to the police because if the police acted on them you may not need a NMO as the police have sorted it.

I think that's unfair. I'm no fan of solicitors (or barristers,who imo are much worse), but they all have a duty to act in the best interests of their client regardless of how much they pay. Legal aid is really tough and I think most of them do really try.

OP you might have to change your approach given the urgency. Can you contact others not asking for legal aid, explain the situation and ask if other fee options (pro bono, no win no fee etc) are available? Possibly contact Advocate or google your town/county + law clinic as well?

As a solicitor, lots of clients think everything is urgent. It rarely is. I also see a client who has sacked their previous solicitor as a walking red flag and will try to avoid taking them on. That's probably why you can't get another one. Having said that, some solicitors are bad at communicating so it's hard to know who is unreasonable here.