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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Problems with divorce solicitor

5 replies

Frooty · 03/09/2006 12:33

I want to change my divorce solicitor. I have felt out of control ever since I started seeing her. She is very gungo ho and is keen that I have all equity in house with xp getting his share (she says 20%) when my 2 ds have reached 18. Ds are 6 and 7. Last week xp offered me 75% equity in house, and considering our circumstances and history, I think it's fair. Having said that, both of us will struggle financially and probably have to go for shared ownership options. I'm on income support, having previously worked for xp's business, which is not practical or desirable now. Am planning to job hunt/work when divorce feels in my control. But my solicitor wants more from xp although I'm happy. I'm emotionally in pieces with the whole divorce and feel really lonely and isolated in all my decisions.
From everything I've read about solicitors, you are supposed to be able to talk to them, not be afraid of them and they are there to act on your instructions. I feel very led, she's not interested in the emotional fallout, just the result, and and she's dressing me down for having a concsience about xp will cope if he gets zero now and has to wait 10 years to see a share. This result would anger him and how xp copes will affect ds's blow up hate war and therefore affect me. If I followed her advice it would be a bitter victory. There are cultural and family politics which will be timebombs both here and overseas which Solicitor would handle with hob nail boots. Although my xp has hurt me (long story), I'm not looking for revenge, just peace, and Sols advice will start a war again, just as we've finally reached an agreement. I'm a bit suspicious that it's in the interests of some solicitors to keep parties baying for eachother's blood while their fees pile up nicely. His solicitor is suggesting a similar fight. She has also told me in a patronising way that my legal aid (and I know LA is a loan) will only be about ?4 or ?5k which is "nothing - most of my clients are paying about ?20k and I usually work for ?180 ph whereas I'm on ?50 ph for your legal aid." She makes me feel that I'm an insignificant charity case. She's also said I need to have the "bottle". I've had no exp of Solicitors before this is quite an exp for me!
Also from what I've read, I hear that couples should agree settlements between them if poss, to keep solicitor's fees down and I feel we have agreed but our solicitors are not.
This is all about money now and we both need to keep our costs down. Would it be a good idea to see a solicitor together as a couple to cut out the legal sniping? Obviously if we do, it won't be on legal aid.
I'm all over the place. Don't know if this post makes much sense. I have no exp on Sols, as I said before, so my comments may seem incredibly naive. I don't know the procedure for changing a solicitor. Any advice would be much appreciated. Thanks.

OP posts:
lummox · 03/09/2006 12:55

Sounds like financial mediation might be a good option. You still have your own solicitors, but if you reach a decision in mediation (i.e. jointly) which is broadly reasonable, your solicitor should support it.

You can find out details of mediators at your local county court, which should be in the phone book.

I'm not an expert in family law, but I don't think there would be many solicitors who would be prepared to see the two of you together as there is such a strong conflict of interest between you.

I don't know much about changing legal aid solicitors either - perhaps you could ask at a local Citizens Advice Bureau or Law Centre?

Sorry to hear you are having such a hard time. If you are feeling like this, it does sound like your solicitor is not suitable for you. Good luck.

fattiemumma · 03/09/2006 13:04

Your solicitor is there to advise you only. any decisions are made by YOU.
the SOL just works for you and basicly does as you instruct her.

if you are happy with the 75% tell her to accept that and get the paper work drawn up.
she may get her kicks out of getting the best possible result financially but that doesn't always mean its the best result for thise involved.

tel her that she works for youand taht you would like her to pay a little more attention to your instructions.

Pinkchampagne · 03/09/2006 13:13

Have you not been advised to try mediation?
I thought you had to give mediation a go if you were getting legal aid, as mediation cuts costs quite a bit. If you & your ex are happy to come to an amicable arangement, then mediation may work well for you.

Twinkie1 · 03/09/2006 13:20

A solicitor as far as I am aware cannot work for the both of you - thats what happened with XH and I - we went to one together and he was told he had to seek someone else.

Can you go to her manager - if she works for a proctice there must be a senior partner who you could prehaps talk to. Or take someone with you and have them there for support and tell her you want to accept the 75% and thats that.

Frooty · 04/09/2006 10:45

Thanks for your replies. With regard to mediation, I've been to see my Sol 3 times + only on 3rd occasion (after I disagreed with her proposals) she suggested mediation and I said yes - was never offered from outset. Also found some good websites regarding sharing info legal and divorce - one is called On Divorce. Am going to try to get more info on all options from Rights of Women/CAB/Law soc and other sources and make decision this week once ds's settled back in school. Thanks.

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