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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Making a complaint against a solicitor

14 replies

SolCom · 08/03/2022 00:04

I've name changed for this as it's mental and outing.

Person A has been going to family court against person B for a while now, but it's not progressing at any speed. This seems to be fairly normal, especially locally and after pandemic. However, A thinks that B's solicitor is holding it up, and giving B 'bad' advice. A is self representing.

A has told B's solicitor that A is making a complaint against them on performance and professional conduct grounds, and to legal aid as A feels B shouldn't be getting it, and solicitor was somehow involved in making sure it was received.

Question is: is it even possible to make these complaints against a solicitor who isn't representing you?

OP posts:

prh47bridge · 08/03/2022 07:36

A has no idea about the advice B's solicitor is giving, or whether B is ignoring the solicitor's advice. A has no idea whether B's solicitor is delaying things. As for the legal aid issue...

A will get absolutely nowhere with this.

inheritancetrack · 08/03/2022 12:28

The advice a solicitor gives their client is usually correct and legally what the law says it should be, but very often the client will ignore it and go against their solicitors advice and you end up with all sorts of shite written in letters of response. If you had a solicitor or even some advice, you would see the difficulty. Is there any possibility of getting some proper representation?

BluebellTimeInKent · 08/03/2022 12:42

A can make the complaint, but is unlikely to get anywhere with it.

If any of the case is about whether A is controlling or behaves improperly, A might also find that it backfires.

lonelydad2021 · 08/03/2022 13:03

Yes. It is possible. Solicitors are bound by the code of conduct for solicitors. Specifically, in 1.2 of that document.

You do not abuse your position by taking unfair advantage of clients or others.

www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/

Original poster

SolCom · 08/03/2022 14:23

A doesn't want legal representation. Part of the case is that A comes across as controlling and aggressive.

OP posts:

lulabelled · 08/03/2022 14:26

Yes a complaint can be made directly to the SRA (the governing body for solicitors). However, it's unlikely to go anywhere.

lonelydad2021 · 08/03/2022 14:35

@SolCom

A doesn't want legal representation. Part of the case is that A comes across as controlling and aggressive.

SRA is an independent body. If the complaint has no merits it will be dismissed. Controlling for complaining?

Kir5tyTwiggy · 08/03/2022 18:43

Hi sorry to jump on post The family court is so bad and do not listen to nobody iv had terrible time and now I am going back as my ex is telling court I am stopping him from seeing daughter but I actually am not I allowed him to see her as much as I hate him it is not my daughter who should be punished but if any one knows what the court will do as I’m not stopping him I’d be grateful for advice

inheritancetrack · 08/03/2022 18:45

@Kir5tyTwiggy

I think you should put up a post of your own, as it's likely to get overlooked here. With your own post you may get more useful advice which you really seem to need.

spongedog · 08/03/2022 19:20

The SRA have no interest, at all, in upholding any complaints from members of the public against their members. I am a qualified chartered whatever - so an equal professional to a solicitor/barrister/lawyer etc. My Chartered professional body does at least occasionally evict its members for poor professional conduct. (And murder was not enough on one notable hearing). Look at the SRA's own figures - it is a pitiable organisation that allows poor quality lawyers to keep practicing. So there is no fat cat's chance of any complaint succeeding, regardless of merit.

1Wanda1 · 08/03/2022 19:24

A can do whatever he wants (just a guess that A's a he). The SRA won't be remotely interested in this and it's highly unlikely that any solicitor has fraudulently assisted a client to get legal aid so I doubt the Legal Aid Board will give two hoots either.

People make complaints all the time. Doesn't mean there's any actual basis for a complaint. I wouldn't worry about this OP (assuming you're B in this scenario).

PinotPony · 09/03/2022 07:00

Yes A can make a complaint but it'll go nowhere. Although the solicitor has a duty of care towards A, as an opposing litigant in person, it's very different to the duty of care the solicitor has to B, as their client.

Bear in mind that A and B are on opposing sides of a contentious dispute. It stands to reason that A would be unhappy with B's solicitor... they're acting against A!

A should get their own legal representation or accept the fact that their opponent, B, has better advice.

Kir5tyTwiggy · 09/03/2022 19:17

@ inheritancetrack hi thank you sorry I didn’t know how to make post but found help sorry again for posting on here

Skeptadad · 10/03/2022 21:11

I wouldn't bother with the legal aid agency.

I had legal aid granted against me when:

I have no non molestation order
No findings of domestic abuse
No evidence of domestic abuse
I have no safeguardings against me
I have 50/50 shared care of a 2 year old
No welfare concerns and ex withdrew all allegations of domestic abuse as district judge told her it wasn't in her best interests to proceed.

I sent emails to the legal aid agency from social workers stating there was no evidence of domestic abuse but it changes nothing. Once the LASPO requirements have been met, which can include a letter from a GP, it doesn't matter how much exonerating evidence you provide and how ridiculous the claims look. The legal aid agency told me "we cannot look beneath the evidence". District Judge said there needed to be a thorough investigation.

There are plenty of legal aid solicitors who know how to get clients legal aid. It's really obvious how it's done. It's absolutely disgusting what they do and was highly traumatic for me.

I am sure the legal aid solicitor knows how to work the system and postpone things. I am sure they advised my ex to scarper and become a primary carer to put her in a good position.

I wouldn't bother with the SRA either they won't do anything and anyone who has ever tried has got nowhere.

The whole system is a farce as soon as we move to shared care as default it will disincentive allegations of domestic abuse.

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