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Misleading the court to get favourable decision

10 replies

Ahimsa · 16/03/2013 23:31

Hi,

My ex-husband's solicitor is knowingly withholding crucial information and twisting facts during the divorce case and during the contact arrangements to mislead the court by creating a wrong image of myself. In many instances he have filed documents to the court and to the contact centre which has discrepancies to the ones been served to us and some have never been served to us.

In some instances he has sent a mail and when my solicitor has phoned up for something else - he has brought this to the court as to my solicitor phoned up to convey the agreement of what he has sent in his e-mail which was not true.

I am seriously concerned about this and do not know what to do to correct the false image he has created during the divorce case and stop trying to continuosly buld the same up at present and in future.

Please... anyone has knowledge could you advice me on this.

Thanks a lot in advance

OP posts:
blueshoes · 16/03/2013 23:44

Does your solicitor agree with you? What does he/she advise you do?

Ahimsa · 17/03/2013 00:03

My solicitor has made severe delays during my case and chose to deal and correct his wrongs in the last minute seemed to be trying to negotiate with ex-s solicitor's to cover up his delays and inefficiency.

if I instruct to put anything against them the answer most times is: yu want to dictate me how I should work.

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blueshoes · 17/03/2013 00:46

I am not sure I understood your last post.

tigerdriverII · 17/03/2013 00:50

I think you need a new solicitor. Of course your exH solicitor will put their best case.

Ahimsa · 17/03/2013 01:40

@blueshoes: my solicitor agrees but seems reluctant to write anything against ex's solicitors.

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Ahimsa · 17/03/2013 01:43

@tigerdriverII: I thought of the same; Just looking for some one experienced and who can compete with the cunning ex's solicitors. One of my friend had the same situation where she had to face unfavourable decision and paying her ex - but truthwise she is the victim.

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digerd · 17/03/2013 12:56

Solicitors close ranks - none will accuse another of mishandling or being unethical. It's outrageous, though.

Seabright · 20/03/2013 09:52

@digerd: We do, regularly. We don't all want to end up being tarred with the same brush, plus, we are all,in competition with each other, so why would we want to let a crap lawyer stay in business?

lostdad · 20/03/2013 10:18

I'm with digerd.

Solicitors routinely ignore practice directions, file late, attempt to exclude the other party's evidence by lying, bullying the other party and implying they have the ability to make court orders (I had that last one at court just last week). Courts won't punish any of the above because it's so common and solicitors know there is no penalty for doing so. Don't expect the LSC, SRA or Resolution to take any action either.

The motivation for this is simple: It's their livelihood. A solicitor who gets a good result for their client is going to be better financially rewarded than an `ethical' one who doesn't. A solicitor who consistently criticises a colleague professionally will also soon get a reputation as a troublemaker...and let's be honest if you keep doing that your career is going nowhere.

Don't get me wrong. I've met and worked with good solicitors and barristers and they're only human. But I've also met bad ones. It may seem like they're all bad because they're doing a job in a situation that is charged with emotion and heartache (especially in the Family Courts) but like everything else it's a money game.

Ahimsa · 20/03/2013 14:09

I agree with your views. It is bitter truth to realize that who has no bargain power is mostly the victim when they incapable to use the money power to win. No money no win... but where is the real justice????

Me too realised that no penalty will be there otherwise they won't tend to do so.

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