The ability to litigate?

[peggywho]

Been diognosed with severe depressive illness. Going through seperation/divorce solicitor wants to know if I have the ability to litigate. What are the benefits (if any) of not being able to litigate or pros for being able to! Thanks

I'm sorry. I don't understand. Do you mean your solicitor doesn't think you will be able to instruct him fully because of your illness?

This is about whether you have the mental capacity to instruct your solicitor direct, and is case specific. You'd need a report from a psychiatrist, costing around £1000. If you can understand all the advice you're being given, assimilate it and then decide how to instruct your solicitor, you have capacity. I'd have thought that depression on it's own wouldn't make someone lose capacity, but it's your solicitor's call. Speak perhaps to the hospital doctor treating you (if you have one - if not, try your GP) and see what they think.