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Original poster

Any legal eagles about? Why would a family solicitor sit in at a sentencing?

14 replies

TheVanguardSix · 31/05/2022 15:27

It's a long shot question... and a weird one for MN, I know, but my STBX and I are mid-very bitter/angry divorce. He was sentenced last week for sexually abusing our daughter over a period of years.

One thing that seemed to make everyone sit up in court, but especially me, was his family solicitor sitting with him during the sentencing (Crown Court). It was just a bit... weird. His family solicitor has been aggressive throughout our family proceedings and seeing her there, on the day of his sentencing for crimes committed against our own child, has, for some reason, left me feeling angry, uneasy, and even more intimidated by her. Is there a rational reason for her presence that I, as a lay person, am not aware of.
Sorry for the curveball questions on a stormy Tuesday afternoon!

OP posts:
watcherintherye · 31/05/2022 15:33

Isn’t it usual for a solicitor to be in court when their client is, or are they normally not, when it comes to sentencing?

Magenta82 · 31/05/2022 15:41

I'm sorry you are going through all this.

Just to clarify the family solicitor is not the same person who represented him in the criminal case?

Perhaps they don't trust him and wanted to know the facts?

Original poster
TheVanguardSix · 31/05/2022 15:45

Oh thank you! I didn't expect anyone to show up and you're here! :-)
So not in criminal proceedings (your family solicitor is for family proceedings only). He has a defense/criminal lawyer for the criminal side of things who was, of course, present at the sentencing and spoke on his behalf.
The two proceedings (criminal/family) don't cross over.
When his family solicitor asked to be present and by his side during the sentencing, eyebrows were raised and I was told by the detective leading the case that this was highly unusual and unexpected.

OP posts:
MinnieMountain · 31/05/2022 15:56

Ask in the Legal section OP.

Original poster
TheVanguardSix · 31/05/2022 16:04

Oh thank you! I hadn't even considered that! Stupid me. I'll ask MN to move this.

OP posts:
TeachesOfPeaches · 31/05/2022 16:05

Perhaps they're in a relationship

LauraNicolaides · 31/05/2022 16:07

This does seem odd, and if nothing else an unnecessary expense. The solicitor dealing with the divorce might well need to know how the criminal proceedings panned out, but she would normally just read the file note made by the criminal-defence solicitor rather than wasting time sitting in.

I'm assuming that both solicitors work for the same firm, by the way. I guess if they work for different firms there might be some administrative issues about exchanging file notes, although if they're both acting for the same client I still wouldn't have thought they would be insurmountable.

The only other reason she might be there would be to add to the plea in mitigation - to help reduce his sentence. But again, I can see no reason why anything she might want to say could not be conveyed via the other solicitor.

BluebellTimeInKent · 31/05/2022 16:09

When you say by his side, do you mean she was allowed to sit in the dock with him? That is extremely unusual.

Rational reasons she might have been there:

  • She wants to hear the judge's sentencing remarks, as this might affect his family case, and they can't afford / legal aid won't fund a transcript
  • There are queries in the family court over whether he needs some sort of assistance to understand court proceedings (although if that is the case I'd expect her to write to the criminal representatives rather than just turn up)
  • The family team and criminal team work for the same firm, and rather than send a member of the criminal team to whom the case is now going to be closed, it made sense for the one with the ongoing case to attend (although it's pretty unusual these days to get funding to send someone to attend other than the advocate)

Of those, the first is the only one which sounds even remotely likely. I can't imagine that she would have been paid to attend. Legal aid wouldn't cover it and unless your STBXH is sitting on a goldmine, I don't know why he would pay his family solicitor to attend his criminal sentencing.

Original poster
TheVanguardSix · 31/05/2022 16:11

TeachesOfPeaches · 31/05/2022 16:05

Perhaps they're in a relationship

Yikes. Really? With a 64-year-old guy who's been sentenced to prison for sexually abusing his own daughter over the course of 5 years? Oh my heavens. That honestly had not occurred to me. I really hope she isn't because that would be disturbing.

OP posts:
Villagewaspbyke · 31/05/2022 16:16

TheVanguardSix · 31/05/2022 16:11

Yikes. Really? With a 64-year-old guy who's been sentenced to prison for sexually abusing his own daughter over the course of 5 years? Oh my heavens. That honestly had not occurred to me. I really hope she isn't because that would be disturbing.

Show quote history

I would doubt they’re in a relationship. It’s not generally permitted apart from anything else

Original poster
TheVanguardSix · 31/05/2022 16:24

BluebellTimeInKent · 31/05/2022 16:09

When you say by his side, do you mean she was allowed to sit in the dock with him? That is extremely unusual.

Rational reasons she might have been there:

  • She wants to hear the judge's sentencing remarks, as this might affect his family case, and they can't afford / legal aid won't fund a transcript
  • There are queries in the family court over whether he needs some sort of assistance to understand court proceedings (although if that is the case I'd expect her to write to the criminal representatives rather than just turn up)
  • The family team and criminal team work for the same firm, and rather than send a member of the criminal team to whom the case is now going to be closed, it made sense for the one with the ongoing case to attend (although it's pretty unusual these days to get funding to send someone to attend other than the advocate)

Of those, the first is the only one which sounds even remotely likely. I can't imagine that she would have been paid to attend. Legal aid wouldn't cover it and unless your STBXH is sitting on a goldmine, I don't know why he would pay his family solicitor to attend his criminal sentencing.

Wow thank you for all of this.
He was on video link and she was sat immediately to his left, next to him. His defense lawyer was also present.
LauraNicolaides, thank you, by the way, for your insight.* *
As far as I know, they are not working for the same firm, unless he's changed defense lawyers (I can't be sure). He has been self-funding his defense entirely so he definitely would have paid for her presence in court that day.
I hadn't considered a relationship (mentioned above), which is kind of... well... yuck. But then, I was married to the guy! In my defense, I did not yet know how awful he was/is.

OP posts:
morescrummythanyummy · 31/05/2022 18:37

Maybe she wanted to meet with him and criminal defence solicitor to understand sentence and prospect of appeal and so decided to join them both on sentencing day. Maybe easier to get 15 mins with criminal solicitor and client that way? And she may want them both together rather than rely on what her client tells her....

I'm so sorry you are going through this. It is horrendous.

vedegitsonp1971 · 22/03/2024 01:51

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

cryinglaughing · 22/03/2024 01:56

@vedegitsonp1971 this thread is 2 years old.
Anything you have to say will be irrelevant by now.

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