Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Divorce/separation

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

Errors in solicitor's letter of advice - normal?

9 replies

coronabeer · 23/08/2021 16:38

Trying to progress my divorce and started with a new solicitor after the original one left the company. New solicitor recommended by a friend and quite pricey ( to me, at least - circa £400/hour).

After a telephone meeting and sending off some documents to her, including a summary of the case (where we have got to, schedule of assets etc), I got a written letter of advice last week.

I am concerned that there are a few errors in her advice letter and wondered if this is "normal" or something to worry about.

The figures below are for illustrative purposes and not the actual figures.

For example, I had asked how a rental flat held in my name should be valued. I gave reasons why I thought it should be valued at £250k whilst my stbxh thinks the value should be £300k. In our telephone meeting, the solicitor said that she thought my reasoning was sound and we should go with £250k. However, in the Schedule of Assets, she has inexplicably given a value of £310k - which is more than even my stbxh is claiming. If my flat is over-valued then this will affect the settlement due to me (since it would look like I already have assets worth £60k more than they actually are).

Another error is with income needs. I have stated income needs of £2500/month; my stbxh is claiming I need £2000/month. My old solicitor said to go with the higher amount; new one has simply used the lower amount without explanation even though I explicitly asked for advice in this regard. (It's not about having a better lifestyle, but more about who should be paying for an unavoidable expense associated with one of our children.)

I don't know whether these kinds of thing are normal and I should just ask for further explanation/clarification. Or should I think that at £400/hour, the solicitor should be getting these kind of details correct? (The thing about the flat value is particularly annoying - it seems to have been given a completely random value since neither of us were suggesting the £310k value was reasonable.)

Would you stick with a solicitor like this, or move on? Are they all like this? Errors in letters, failure to answer questions. I haven't officially engaged her yet and just wondering whether to do so.

OP posts:
Shibby585 · 24/08/2021 09:50

We had this with a solicitor my husband instructed when divorcing his ex wife. Nothing discussed was in the letter and was worded really badly. It caused severe relation breakdown between the ex. I would find a new solicitor, if they can't be trusted to get the opening letter right. How are they going to fare during financial negotiations further down the line. We asked for initial money we put down back and in the end did it ourselves, but I would find a better solicitor.

coronabeer · 24/08/2021 17:20

Thanks for that.

I half-wondered if I would get lots of people saying: "That's why they send you a draft reply, so you can check it yourself before it's sent out to your ex". Or that I should simply complain about the inaccuracies.
Then again, I don't want to pay £400/hour for someone to correct their own mistakes and I've spent some time fretting about it and wondering what to do for the best.

Feels like I'm never going to get anywhere if I have to start again with another solicitor. Seems a shame, as the she was recommended to me and seems to "get" my situation.

OP posts:
Shibby585 · 24/08/2021 17:34

It's obviously your call unfortunately in our situation the letter did go straight to the ex without us ever seeing it and it was horrific. If you feel that you can speak to your solicitors about those inaccuracies then go down that route. There is also the option of kicking off the divorce DIY online if your ex will sign (even if they won't depending on reason for divorce you can still push it through) and then just get a solicitor when it comes to financials.

coronabeer · 24/08/2021 17:42

I am just using the solicitor for financials.

One of the problems is that I feel so stressed out at the moment with so many things going on in my life apart from the divorce, I'm finding it difficult to make decisions. Part of me thinks it's obvious I should find a new solicitor, part of me thinks I'm fussing about an error or two that can easily be rectified (but what if there are other errors I don't spot?). And the whole thing has been dragging on for ages anyway and I just want it over.

I'm really doubting my own judgement here, but leaning towards engaging a new solicitor.

OP posts:
LizzieSiddal · 24/08/2021 17:48

I would start by sending her an email asking her why the figures are different to what you had specified to her.
If it is a “mistake” I’d find another solicitor because she shouldn’t be making mistakes as serious as that. However when she tries to charge you for the work done, (which she will) you have at least email evidence of her admitting to her making errors.

MrsBertBibby · 24/08/2021 19:56

£400 an hour is extortionate! Where the he have you gone? I'm £280 plus vat, and I've been admitted since 1997.

Yes we all make errors, we are human, but those are a bit shit at that rate.

coronabeer · 24/08/2021 20:04

It's actually £350/hour plus VAT, so £420/hour. A solicitor recommended to me by a friend who says she got a better-than-expected settlement. South East.

It has cost me almost £1000 so far for an initial telephone conversation and one letter each way. It's terrifying, frankly.

OP posts:
nomoneytreehere · 24/08/2021 21:12

I'm a solicitor. I would have a proper moan about that and not expect to pay for that letter. I always told my trainees that spelling and punctuation had to be perfect as clients wouldn't want to pay for something they could do better themselves. To actually not follow your instructions is a bit shit.

Did you like her otherwise?

coronabeer · 25/08/2021 12:45

Thanks for the replies.

She seemed nice. Seem to "get" what stbxh is like (presumably she's come across his type before). But reading though again, I've noticed - let's say - further evidence of lack of attention to detail. (In fairness, I didn't pick up on it at first either. )

I guess the bottom line is "Do I want this person to be responsible for ensuring me the best possible settlement?" .

OP posts:
New posts on this thread. Refresh page