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Legal matters

Can a Lawyer backdate a letter by a month?

5 replies

whistablenative · 23/03/2024 11:10

I have posted about my situation in a different name (I seem to have a different name if I post on my phone or on my laptop & don't have energy to sort atm) but no one has replied yet so I hope it's OK.

I am Divorcing. In Scotland. First you sign a Separation Agreement (this bit is where any assets are sorted out & is legally binding). Then the Divorce follows. (until that happens the assets are not technically divided).

For various reasons we agreed 50:50 pension split but house in my sole name.

I have become aware that my lawyers have sent a letter to exH to convey the house from joint names into his sole name. They sent it twice over a period of 4 weeks (he was away fortunately). Only the 2nd time did they copy me in. I immediately told them the error (it is supposed to go in my name only!). They have sent him a fresh letter with correct names but it is backdated to the early Feb date. He isn't happy to sign as it's misleading. Should they be doing this?

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PhamieGowsSong · 25/03/2024 16:43

Nope they are not allowed to backdate a letter - they would be in serious trouble with the SRA as it falls under dishonesty. Solicitors have been struck off for backdating.

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whistablenative · 08/04/2024 15:30

thanks @DarkDarkTimeOfLife
thanks @PhamieGowsSong

I am now making a formal complaint to the head of the practice.
They have (since 2021)
Sent my exH a letter to convey the marital house into his name not mine
(then, when I alerted them as he, thank goodness, asked me why they sent another letter with correct details but same date so he has 2 letters now...0
Applied for Legal Aid for me as 'both children are under 16' - 1 is almost 17, 1 is 19, lawyers have orig birth certs. So my Divorce has gone to the wrong place, my legal aid frozen then cancelled & I have a bill for £500 (plus exH kicking off)
ExH now says his pension firm asked them for communication at the end of last year. Still waiting.
I am listing all this in my complaint. In the circs I think I deserve a fee reduction (even from my advice & assistance rates as I'll still end up paying £2K for a 3 year miserable mess of a Divorce) Would you mention that now or just complain?

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TheWayOfTheWorld · 08/04/2024 15:31

Can't backdate but in certain circumstances something can be dated eg today but stated to be effective from a date in the past.

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whistablenative · 08/04/2024 15:34

it also occurs to me that I was made to sign in the Sep Ag that I would 'arrange contact by discussion with exH'. I thought I HAD to - lawyers implied this.
Surely aged nearly 17 & nearly 20 I don't have to get involved still do I?
(exH has form for kicking off & I would like to reduce contact to a minimum)
I am wondering if ANY of the 'advice' I was given was any good.

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