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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Fixed fee divorce solicitor query

6 replies

PistachioQueen · 10/07/2019 17:30

I’ve hired a solicitor on a fixed fee basis who keeps making mistakes when emailing my ex. This has meant that new documents have had to be sent out in the post and has derailed the entire process. I already feel that the solicitor has allowed my ex to drag things out for long enough, as deadlines have come and gone and all he gets is a gentle reminder before he sends another quick email to fend off the solicitor for another few weeks. My ex husband has narcissistic personality disorder and yet the solicitor has sent emails using wording which have sent him into a rage and caused him to lash out at me, doing things like cutting my maintenance in half (now claiming it’s all he can afford as his “official” salary is around £40k) and being completely unreasonable in other areas. I asked the solicitor if emails could possibly be sent to me for preview before being sent off but surprisingly, I received an angry sounding response which stated that as I’m paying for services on a fixed fee basis, this would not be possible and that I would need to start paying an hourly rate if I were to request proofreading emails first. I’m quite upset by the tone of the email but am now wondering; is this normal practice?

OP posts:
Flower64 · 10/07/2019 19:31

My solicitor sends everything via me for checking. Good job really as I always have to correct typos! Im on an hourly rate arrangement though. Having said that your solicitor should be acting on your instructions and getting your agreement for anything that's going out?

PistachioQueen · 11/07/2019 18:40

That’s what I’d assume, but my solicitor seems to just churn things out and send me a copy of what’s been sent AFTERWARDS when I have to point out incorrect dates, facts or other errors! I’m wondering if I’d have been better off with an hourly rate solicitor now Confused

OP posts:
Xenia · 12/07/2019 13:29

They should not be sending out incorrect dates. I however would always charge for the time spent so if ther were a lot more emails and clients checking letters (my clients always have a chance to check my letters ) then that means more time and therefore costs more but is worth it because you know client and solicitor are happy with the letter.

Itistimeandiamscared · 14/07/2019 07:24

Hi, op. I am on a fixed fee basis.
I always get sent everything to read first before it gets sent out.

PistachioQueen · 14/07/2019 09:04

Thanks, perhaps it’s just my solicitor then. I’m not sure if it’s worth changing to someone else as I don’t see this being a straightforward divorce.

OP posts:
Itistimeandiamscared · 14/07/2019 10:18

Yes, i have got a similar dilemma ..that is the solicitors deciding that it is not going to be a straight forward divorce so will be changing me to hourly billing.

The only reason i would be saying it may be worth changing solicitors is because your current one has a poor attitude and seems to be making decisions on your behalf without your knowing e.g wording of letters (and we all know the wordings are important).
You can not be worrying about the dovorce process and be worrying about your solicitor and the next problem the solicitor may be causing.
You know your DH better than your solicitor. You should be having some input.
Wishing you all the best.

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