Legal Defence strategy

[Somebodyimportant1]

Hello all,

A friend of mine is got a legal issue and he's got a solicitor. But then the solicitor is saying he hasn't got any legal defence argument for his case and that if he wants him to find a barrister to represent him in court, he should let him know otherwise it will be a waste of time and money to find a barrister.

I am shocked by this because I have never heard of a solicitor telling a client that they should tell them/ find their own their grounds for defence and let them know.

It's a repossession hearing by the way
He used his property to get a loan for his company and then covid struck & he could not pay.

My friend now says he does not trust his solicitor. To be honest I don't know what to think. But is it normal for a solicitor to tell a client that

He reneged on a loan? What does he think his defence is?!

He took a loan out on his property, couldn't make the payments and wants to keep his house?

The solicitor is correct, there is no legal 'defence'.

It's the solicitor's job to manage the client and tell them what chance the client has of success, before engaging a barrister.

This is a no brainer - your mate is in the wrong and has no chance in court.

Id say carry out research to see if there is any similar cases then look at the best options available

A solicitor can’t magic a defence out of thin air. It’s for their client to tell them the facts, so the solicitor can present them to the court.

If your friend has a defence, he should immediately explain that to his solicitor. If he doesn’t have a defence, all his solicitor can do is advise him how best to proceed with a view to achieving the best outcome under the circumstances (e.g. by attempting to negotiate a settlement out of court).

If your friend wants to go to a hearing with a barrister instructed on his behalf, he must let his legal representatives know what he thinks his defence is. They can’t defend him in court without that information. But ultimately if he doesn’t have a valid legal defence, they can’t defend the claim against him.

It’s all about realistic expectations. The Solicitor knows it’s a waste of money. Your friend just isn’t hearing what he wants to hear.

Yes, reasonable expectations. Experience has taught me that some people think a lawyer (where I am lawyers are barristers and solicitors) can get them "off" or save them from their own mistakes by being aggressive and pushy. Not so. You need a proper case, which includes a legal argument that has at least a chance of success.

Some clients just do not want to hear the downsides of their case.

The solicitor is telling him he hasn't got a defence and he needs to stop throwing good money after bad and drop the case. His house will be repossessed which was what he signed up to

The solicitor cannot lie for your friend, and has to act on the facts given to them. If your friend suddenly makes up some info that doesn't chime with what happened been previously said, he could well excuse himself and not represent him at all.

Have to agree with others.

Your friend took out a loan secured on his house. He has failed to keep up repayments on the loan. The lender is therefore entitled to repossess the house and sell it to recover the money loaned. Your friend does not have a defence and it would be a waste of money getting a barrister to represent him in court. His solicitor is giving good advice.

Rather than try to fight this in court, your friend should talk to the lender, explain why he is in arrears and make a repayment proposal (or at least tell them he will make one soon). He should also pay as much as he can to show that he is behaving responsibly and prioritising this loan.

He should also think about selling his home to pay off the debt. If selling would give him more than enough to pay off the loan he should consider this option seriously.