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Please can someone explain??!!

10 replies

Rinoachicken · 05/12/2016 16:38

My husband was arrested a few months ago for DV - he is now on bail pending charges and no contact.

DV outreach gave me the name of a solicitor and I saw her at her firms office. She was really nice, established what needed to be done and that I was eligibile for help under the Legal Help Scheme. She confirmed it all in writing, and that she would sorting out the tenancy, the contact with the children and divorce.

Contact with children sorted, tenancy stuff started and she asked for my marriage cert. so she could start divorce proceedings. So far so good.

Then I suddenly get an email saying she has left the firm and that they can not do anymore work for me because they have exceed their limit under the legal help scheme. I asked for my marriage certificate back which they have sent.

I have started trying to find another law firm but every one I have spoken to has said that they can't take me on until I can tell them if it was my case that exceeded its limit. One firm said I needed a letter stating I'm eligible for Legal Aid.

I called the legal aid line and i AM eligible, and they put me through to a suitable firm - but again they said they need to know if my legal help was exceeded.

So I called my old firm back and they waffled a bit and said it was my case that was exceeded. I asked how that could be the case when the letter I had which stated the price included divorce, and that hadn't happened, so how was it exceeded. She said she didn't know and I'd need to speak to the senior partner (who wasn't available of course!)

What is going on and how do I engage a new solicitor??!!

OP posts:
Rinoachicken · 05/12/2016 17:16

Should add that I am not the only one they have dumped, they are basically only doing private work now.

So am I wrong to think that actually, its other cases that have overspent, but they are wiping all off them off their books to avoid further expense??

OP posts:
MrsBertBibby · 05/12/2016 18:22

Oh dear.

The amount a solicitor is paid on a legal help is woeful, and no one wants to take on a case half done inside a firm, and you can't sign a new one with another firm until time has passed (can't recall how long, 1 or 2 years I think.)

I have to say, I wouldn't junk a client until the job was done, when I did legal aid, but it did mean doing a lot of free work. And being quite blunt with the clients about how many times they could expect to ask the same question and get a smiley answer!

You could try making a complaint. If they have claimed the enhanced fee for a petition, but not issued, that could land them in it a bit.

They owe you more of an explanation, you didn't ask for legal aid to be as shit as it truly is. They elected to do it, and should have done it properly.

Rinoachicken · 05/12/2016 19:04

Can I ask for an itemised run down of what they have done and their costs?

I am shocked and terrified that I am now essentially unable to engage a new sokoto or for 2 years at a time when I REALLY need one, having left an abusive marriage, all because of their actions

OP posts:
Alorsmum · 05/12/2016 19:36

This reply has been deleted

Message withdrawn at poster's request.

Rinoachicken · 05/12/2016 19:43

I've just checked my letter and divorce was definitely part of it as well as the tendency transfer. The letter even asks for my marriage certificate as part of ge next steps so they can start those proceedings.

OP posts:
Collaborate · 05/12/2016 23:32

Perhaps they have exceeded the number of matter starts allocated to them by the LSC, so shouldn't have taken you on in the first place.

Still seems unfair that they could just ditch you like that. I'd ask for a copy of their complaints procedure and then take it from there.

MrsBertBibby · 06/12/2016 07:44

If they had taken OP on in excess of their allocation, then they can't claim for her, so she should be able to start over (get it from them in writing, no claim submitted)

But I don't think that's it. I think they have done "too much" and want out, and I don't think that's allowed. I wouldn't have tried to bail.

Complaint, OP, and if that doesn't sort it, try the dreaded Legal Ombudsman.

Rinoachicken · 06/12/2016 12:39

Thanks for your replies everyone, really helpful. Spoke to a senior partner this morning and she confirmed that that it was company wife that they have exceeded and that they are not claiming for any of the work done.

OP posts:
MrsBertBibby · 06/12/2016 14:15

Get that in writing, and you should be able to start again.

If you can find a legal aid solicitor....

Rinoachicken · 06/12/2016 16:11

Yep asked for it in writing and they have sent me it in email. Thanks everyone!

OP posts:
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