Changing solicitors. What do I need to know?

[HopingItllBeOK]

I am in the middle of a contact case with my previously largely absent ex. While we were together he was uninterested in the DC and physically, financially and emotionally abusive to me and has continued to be threatening and manipulative during phone contact and the occasional physical contact he has had with the DC since. Cafcass have made some glaring omissions in their duty of care so far.

The solicitor I currently have does not inspire any faith in him. Domestic abuse clearly isn't a field he is confident in, and as such he hasn't done anything to bring it to the attention of the court despite assuring me that he would as it would have a bearing on proceedings. I feel brushed off and unimportant as I have to really chase to get an appointment, including it taking 3 weeks to find out if I would be able to get an appointment before the rapidly approaching hearing. I feel that he doesn't listen to my concerns and doesn't carry out things he has said he would. I have been a client since November and the standing order has gone out every month, but despite asking for a statement or balance, I have no real idea if I am in credit or likely to be hit with a gigantic bill.

So! I need to change solicitors but I don't really know what I need to do, apart from get the Yellow Pages out. Do I need to notify my solicitor and get copies of any of my notes he may have to take to a new solicitor? Do I just find one and they sort it out between them? Will it have any impact on the contact case to change solicitors and introduce 'new' issues at the third hearing as by then, we will be 11 months in. My solicitor's work is overseen by two partners in his firm (I don't know if that is standard or because he is relatively newly qualified) and one of those partners is on the Children's panel, lists domestic abuse as an area of specialty and as they oversee my case, would already know the bones of it already so seems a good bet, but I don't know if it is the done thing to go over the head of my current solicitor, or ditch him for being wet but stay within the same firm?

I have copies of all the paperwork to date. Would that and an initial consultation be all that is required to bring a new solicitor up to speed?

Sorry if this is full of stupid questions. I've never had to retain the services of a solicitor before, so the prospect of changing is quite daunting.

Well the most important thing to bear in mind is that they probably won't release your file to your new solicitors until you've paid your outstanding bill so you need to get an up to date one asap so you know where you stand.

If you have copies of everything that will help your new solicitor and there shouldn't be any delays but you will still be pushed to settle your outstanding bill asap

From what I can work out, based on my notes of times of meetings and the like and the letter detailing what rate things were charged at, I should be a good few hundred pounds in credit so would actually be looking to get a refund rather than having to settle a bill. I suppose in that respect, rarely being able to get hold of my solicitor has worked in my favour

So in your experience it should be straightforward to change, MOS ? I know I am probably vastly over thinking this, but I am quite timid irl and hate to think that anyone is thinking badly of me, so even though I feel that I have to change solicitors, I worry that it will upset people or reflect badly on me all round for having done so.

Have you got any hearings coming up? Don't forget it might take your new solicitor a while to get up to speed.

Don't worry about changing, its not uncommon. Its just when client's change 2 or 3 times (because they don't like the advice they get and keep moving in the hope of getting advice they like) that it looks bad.

You MUST feel happy and comfortable with your solicitor and confident in his/her ability. If not, then it is time to change. Good luck x

The next review hearing isn't until August. That should leave plenty of time to get a new solicitor up to speed if I cop on and find one soon, shouldn't it?

I don't have a problem with being given advice that doesn't necessarily tally with what I want to hear, I just want straight forward advice so I know where I stand and for that advice to be consistently carried out. Hopefully making the change will see that happen, and I'll be happy enough just knowing that I have been listened to and any advice is based on having all the facts.

Thank you for your help, MOS you have been very reassuring. X

Loads of time, you'll be fine. If you don't mind saying where in the country you are you might get some good recommendations. Failing that, have a look at the Resolution website and find a good and experienced family lawyer near you. I can recommend some good ones in Surrey and babybarrister can probably recommend in the London area.

I wasn't suggesting YOU had a problem with the advice, its just something that often happens when people change lawyers a lot, it seems like they are trying to find one that will tell them what they want to hear which might not necessarily be the most likely outcome. It sounds like you have good reasons for moving. The most important is, you don't seem to be happy or have confidence in your current solicitor which is a MUST.

I'm in the North East of England.

I didn't think you were saying that's what I was doing, I just wanted to make it very clear that wasn't my motivation in case anyone else read it and thought it was. Like I said, I am over thinking things and irrationally worried about anyone thinking badly of me

I agree with the advice MOS has given. It is simple to change - when you have picked a new solicitor they will write to the court, and former solicitor to ask for your papers. A good solicitor will be able to explain to you how they intend to proactively deal with the failure so far to deal with the domestic violence angle and they should be able to I still a feeling of confidence in them so when you leave your first meeting you know that they are going to act in your best interests to improve your case. Look on the Resolution website and find solicitors based in the city where your case is being heard. Ask them about their experience with dealing with their local cafcass office and with DV issues. Hope that helps.

Thanks KR the Resolution website has been very useful.