Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

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

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?

OP posts:
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.

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?

OP posts:
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.

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.

OP posts:
New posts on this thread. Refresh page