Anyone any experience of dealing with SRA and reporting a solicitors behaviour ?

[peridito]

I'm beginning to wonder if they are even bothering to read the content of the emails I send in reply to their requests .

They never respond to any of my queries ( eg why can't document X be considered when the submitting solicitor has confirmed in email that this was the doc sent to court ? ) and their latest reply is almost entirely devoted to querying an accusation ( that we have not received payment ) which we not only have never made but in all our communications with them have clearly explained that we have received .

They seem to be keen to completely ignore why we are contacting them - to draw their attention to the actions of a solicitor .

They dismiss the incorrectly completed ( by which I mean ticking a box to indicate that something doesn't exist ,when we have shown that it does ) forms submitted to UK gov depts because they "don't show intent " . Even though we have shown that this wasn't a one off error and given other examples of the same error/action .

Are they normally like this ? I feel I am just banging my head against a brick wall .

Could our case have been assigned to a very inexperienced person ? Is there any way we could ask for someone else to look at it ?

I am really worried that they will soon just dismiss the whole thing because they feel they've spent enough time on it .

She can't. This was the only solicitor who said they didn't need money up front.

Where are these shit hot lawyers who will work for no money till the end of the divorce

There are plenty who will offer a Sears Tooth agreement, but they will want paying to assess the claim. Is that what your friend has?

Do people really think solicitors should routinely work for no money (presumably even paying Court, expert and barristers fees?) With no financial input.

We are a very small firm, one case like that would tank our cash flow, and we'd go bust. Larger firms can take that gamble, but why should they? We're lawyers, not bankers.

Did your friend look at litigation loans?

@MrsBertBibby - I do not agree with you that it is just "that simple" - to change solicitors - you have already invested emotionally & financially - you don't get your money back for having a poor service - one firm was going to charge me £26k just for reading my file and getting up to scratch 6 weeks before hearing - I could not justify this!

They too saw my vulnerability and desperate situation as a money maker. WHat we need are honest professionals but it almost seems that despite supposedly representing honesty there are a lot of legals who are anything but. They don't seem to mind racking up their fees so as to avoid their business going bust as you say but all the while meaning their client is going to be living on benefits when it is all over.

I have no faith in the legal system currently and a judge having the ability to refuse an appeal says it all - honesty seems to have two bloody meanings!

@Kattyscatty - I'm not doing anything in conference either face to face or by phone - now I know why my last barrister had her son there documenting the whole hearing because even after getting an agreement in court my X's barrister tried to get the court order drawn up incorrectly - it had to go to the judge to get her approval in the end due to dispute even at this late stage.

I turned up to one meeting with sols after the court hearing that lost me the family home - there was a junior there taking notes - I twigged about 10 mins into the meeting what was happening - asked for a copy of the notes - not only did I get charged for these but it was obvious that they had been worded in case they needed to be used at a later date as I was also charged for second draft.

I did consider changing but at such a late stage thought it would be better to continue as my case was complicated - as it was sols ditched me.

From what I know now @Oliversmumsarmy perhaps they only work without fees upfront because they are counting on the family home being sold!

WHat we need are honest professionals

What was dishonest? They told you they would have to spend substantial time on your file to get trial ready in 6 weeks. Were they meant to say it wouldn't cost a bean, then bill you gazillions? What did they do wrong, exactly?

What did they do wrong, exactly?

@MrsBertBibby Didn't do it for next to nothing, apparently.

My hourly rate is £200, which is quite low. At that rate they must have reckoned it would take 108 hours of work, or less with a higher hourly rate. Over 6 weeks that amounts to 18 hours a week.

Going through perhaps hundreds if not thousands of pages of evidence. Preparing more statements of evidence, position statements, skeleton arguments, and attending court on a final hearing (listed for an unknown number of days).

And no doubt prejudicing their existing clients to do that, or having to stay up night after night to get the work done without dropping everyone else's balls.

I'd have just said no can do, tbh.

There are plenty who will offer a Sears Tooth agreement, but they will want paying to assess the claim. Is that what your friend has

So where does the money come from. Friend is getting by with the help of friends paying her bills and the food bank.

And yes the solicitor said she needs the family home sold to pay her bill.

Solicitor has already picked out where friend is going to live. Told friend not to be stupid she cant manage what friend wanted to do.

Well that sounds very rude and overbearing, and that illustrates pretty well what is wrong with a Sears Tooth (If That's what your friend has.) Because it immediately sets up a tension between solicitor and client, as the lawyer gets deeper and deeper in with unpaid bills.

The fact that a client signing a Sears Tooth has to take advice from a separate lawyer is frankly problematic.

Of course, if legal aid hadn't been demolished, many of these problems wouldn't arise, or be so acute, but there's the Tories for you. Not big on the rule of law, really.

Of course, if legal aid hadn't been demolished, many of these problems wouldn't arise, or be so acute, but there's the Tories for you. Not big on the rule of law, really.

I fully agree. I recall though trying to raise awareness of this on this forum before it was brought in. There was next to no interest.

Friends divorce is because of domestic violence,emotional and financial abuse and feels that her solicitor shouting at her is as though she is being abused all over again.
Solicitor shouts at her if she doesn't understand something straight away.

Of course, if legal aid hadn't been demolished, many of these problems wouldn't arise, or be so acute, but there's the Tories for you. Not big on the rule of law, really.

I fully agree. I recall though trying to raise awareness of this on this forum before it was brought in. There was next to no interest.

Maybe you needed to be in the legal profession or have had personal experience of litigation to have realised the importance .

It's not that. I and other legal professionals on this board highlighted the withdrawal of family legal aid (for all cases save for domestic violence victims) prior to the cuts being brought in. People don't think that they're going to need a divorce lawyer. Or that they or their child is going to be arrested for something they didn't do. Until that happens people think it only affects others, and very few people care.

Until it happens to them. But by then, it's too late.

True. Remember Nigel Evans MP whining about having to pay for his own defence on rape charges. Having voted for LASPO.

Twats.

@Collaborate - i probably did not explain myself clearly it was not the £26k Per se that was the issue but the fact that I had already paid out circa £70k in fees and looking at a total of £100k minimum I expect was were I balked! As it is my fees were not far off this.

The more I read on here the more I realise how much I have been taken advantage of - as my solicitors claimed they were used to dealing with cases such as mine - why did I have to continually justify what I was asking them to do?

Does the definition of DV include emotional and financial abuse for legal aid and can you get legal aid to pursue a professional negligence claim?

@Collaborate - from your experience or knowledge when dealing with the LO I am continually being asked to support my claims with evidence - I have sent emails etc but I feel I am getting the knock back.
My issues are clearly raised and I now feel to justify myself I have to print off the code of conduct and cross reference each of my claims to the reference point in code of conduct. Is this not the job of the LO or is this what is required to be taken seriously?

Despairing of the whole situation yet again

Sorry first part was meant for @MrsBertBibby - it was my original sols who I claim are dishonest

As for the issue of legal aid - it's like with all things people don't think it will affect them - it's not that they don't care - it's just that they don't get the full implications.

It's for those that have been through it - who have the experience of the pitfalls to try and make it easier for those that may end up in this situation themselves - to pave the way!

But how hard is this? I have documented my experience on MN I have got slated many a time - I have been through what I describe as hell and back dealing with an extremely acrimonious divorce from an E &FA ex. It is not over I am facing a court tribunal for CMS

My case was complicated but even so I tried to give my legals the heads up on what my x would do - rather than make my process simpler it amplified it and they took advantage of me to ramp up fees.

I do not want anyone to experience what I have been through but solicitors are covering their arses with bullshit - LO is giving me the runaround - as much as I am doing to try and highlight the unprofessionalism there comes a point where I have to say I've done enough. This is where it needs those in the profession to take it forward but this is then about the good for others rather than the good for themselves and requires a selfless act.

It's the same with Mental Health - despite having Gp letters, letters from a psychiatrist from adult mental health re my long term depression and how it affects me why did I have to take a MH support worker to court for the judge to believe me and agree to adjourn my case.

I can only do so much - this has already been four years of my life and my kids lives - and if no one is prepared to believe what you are saying even when you have experienced it how can you expect those that have no experience to understand the full implications and take on something that requires time and commitment and often feels like you are banging your head against a brick wall!

Yes Collaborate
People don't think that they're going to need a divorce lawyer. Or that they or their child is going to be arrested for something they didn't do.
That was one of the two points I made .
as in
or have had personal experience of litigation to have realised the importance

Why are you saying "it's not that " ?

Why are you saying "it's not that " ?

I see what you mean, and I suppose it was poorly worded.

I think on an intellectual level people who read the posts I and others made will have understood the issue. I just don't think people care enough. Partly it's a failure of the various campaigns to strike a chord with people (I think the barrister strikes now will have a positive effect - solicitors should follow suit), but partly because people cannot cope with getting worked up about another thing. We have Brexit, anti-semitism, misogyny, food banks and all the rest of it to worry about.

I don't do family law (thankfully) but I do spend a lot of time putting people off going to court. We settled my own divorce early and to my financial disadvantage as I would rather my ex had the money within the family rather than spend it arguing over even an extra £100k and we did the whole thing in 7 months. However I agree that sometimes you have a spouse who just will not compromise over anything and you have no choice but to go to court either without lawyers or with them. It is not easy for anyone and certainly not cheap - even if you don't use lawyers (and plenty of people choose not to) the amount of time it takes is huge and that in itself is a cost.

greenberet I am so sorry for what you have and are going through .

dealing with the LO I am continually being asked to support my claims with evidence - I have sent emails etc but I feel I am getting the knock back.
My issues are clearly raised and I now feel to justify myself I have to print off the code of conduct and cross reference each of my claims to the reference point in code of conduct. Is this not the job of the LO or is this what is required to be taken seriously?

I could have written this myself about the SRA .

I do ,of course ,realise that there has to be evidence to support accusations . But instead of any guidance as to what might meet their criterion of what can be deemed evidence there are only bald statements about not meeting the evidential burden ,not proving intent ,the need for expert witnesses .

Is the assumption that anyone bringing a complaint /concern has legal training ?

But in any case my issue is in no way ,by any stretch of the imagination ,as upsetting or damaging as yours .

Thanks for your support @peridito - I have had more communication with LO today - despite part of my complaint being about my account it seems that neither the solicitors or the LO are overly concerned that it does not reconcile.

It seems that it does not have to be exact - the time ledger entries do not tally up and I am disputing the final figure the sols are claiming I owe them - but apparently this is ok - in what other situation is this ever ok?

The LO are in my opinion trying to intimidate me into accepting the "offer" my sols have made in agreeing to waive the outstanding amount by telling me that if I proceed with a full investigation I could be worse off and may have to pay them the outstanding amount. How can they say this when they cannot even justify how they got to the final amount and I am disputing it.

It seems that it is just words words that mean diddly squat that are not conclusive in anyway and can be open to interpretation depending on which way the wind blows. This is bloody ironic because all the time during my divorce process I was told we have to concentrate on the facts which were pounds and pence and now that I am questioning the pounds and pence I have been charged it becomes all ambiguous and full of bullshit anyone any suggestions how I deal with this.

The time ledger is not the ultimate arbiter of fees. It's a tool to help solicitors keep an eye on time spent, and it's good to be as accurate as possible, but it is perfectly legitimate to charge for work that didn't get time recorded.

When the bill is drawn, the solicitor checks the file against the time ledger to ensure a) that everything chargeable is charged, and b) that nothing has been double recorded.

Do people really think solicitors should routinely work for no money (presumably even paying Court, expert and barristers fees?) With no financial input

So how do you divorce someone who has raped you, beats you up and is emotionally and financially abusive to you over years.
Are you saying if someone plucks up the courage to divorce them they can't because they have no money. All the money is either in the abusive partners bank or in property that abusive partner wont consider selling unless instructed by the court but as wife has no money they can't take the husband to court.
Or are you saying that the only option is to wait till the mortgage is not paid and she gets slung out of the family home then what?

Friend has a rental property which she shares with her stbexh that is why she can't get Legal Aid and that mortgage is paid from the bank account that the rental money goes into.

Where does friend go as the council wont house her as she has a rental property that stbexh wont sell and absolutely no more apart from a little bit of disability that has just been cut to the bone.

No more = no money

So how do you divorce someone who has raped you, beats you up and is emotionally and financially abusive to you over years.

You get legal aid.

MrsBertBibby was making the point that the legal profession, like the medical profession, the police, the civil service, like you and like everyone else, does it as a job. It is not the function of what is, essentially, the private sector, to plug the gaps in the provision of legal aid by the state.

When did you last work for nothing?