Need a good Solicitor.

[mum786]

It is the finance stage now (after divorce).
My solicitor told me (just before the summer holidays) that we did not need to go to court- and things were going to be settled with the other party out of court.
He said this was good because it would cut costs (court) which I was happy with.
Yesterday, out of the blue, I got an email from the same Solicitor telling me we are now going to court for a hearing next week! I was quite shocked as this just came out of the blue.
I thought it is the norm to be told (as a paying client) stage by stage what's going on and why!!
Can I change Solicitors?

It isn't necessarily cheaper to avoid court if for example you husband refuses to be reasonable and negotiations between the solicitors drag on for a long time it could be very costly. Resolving finances through the court involves three hearings and the final one is the expensive one. It is likely that you will come to agreement before then so the court action might be a means to an end because if he isn't willing to agree to a fair settlement then the court will force him. Or if your husband is refusing to give a financial disclosures the court will force him to do so.

If it was me I wouldn't change solicitors at this stage but I would certainly ask for an explanation.

TeenTroubles Thanks for that information. Really appreciated.

Do I have to attend, as I have just started studying and I have class that day. ( I'm so stressed and upset).?

I was told that I may not have to attend the first hearing which in my case is in a few weeks time but check with your solicitor. I'm sure you would have to attend the rest of the hearings but you may reach an agreement before you get that far. Explain the situation to your tutor they will understand that a court hearing is important.

I thought it is the norm to be told (as a paying client) stage by stage what's going on and why!!

Yes you are right about this. It's possible negotiations suddenly fell through and it was a sudden change; but it's equally possible this is shoddy file management/client care.

Bear in mind as well with solicitors every letter/email/phone call is a chargeable item.

I would raise it with your solicitor that you weren't happy about failure to be kept informed and ask for an explanation. If that isn't satisfactory most firms have an internal complaints system.

Can I change Solicitors?

Of course. If you are paying, you are the client and you can always change your professional advisers but bear in mind:

1. a new firm will not be familiar with the case and need to "read in" which will be chargeable. On the other hand if it is a difference between a good firm and a bad firm this could be money well spent.
2. if the hearing is a main hearing (rather than just about managing the case), a late change may cause an adjournment application - again further costs.

Really whether you want to change depends if the solicitors are any good. A late notification may mean they aren't but it may be nothing. If you are otherwise happy with the job they have been doing then I'd leave it.

How did you find them? Was it a yellow pages job or were they recommended?

TeenTroubles I am going to speak to the solicitor on Friday

CheersMedea The thing is if the negotiations fell through then surely I would expect to be informed.
I think like you say, this is shoddy file management/client care.
Incidentally, the last time I went to see them- while I was feeding the Parking meter, the attendant asked me if I was going to see 'those solictiors'?
She then said they were no good, apparently they nearly messed up her Divorce case!!- now I know what she meant.
BTW- I found them on the Internet.

^She then said they were no good, apparently they nearly messed up her Divorce case!!- now I know what she meant.
BTW- I found them on the Internet.^

OK well this sounds bad. Getting professional advisors via the internet is a bad idea. It's easy to make someone rubbish look impressive with some attractive window dressing. Even an impressive client list is no guarantee that the person knows what they are doing.

If a third party has told you this, I would find someone else. You need a personal recommendation from someone who was happy with their firm.

If you can't find one and get really stuck, I would try calling the clerks at one of the leading family law chambers that deal with maintenance (see recommendations here)

www.chambersandpartners.com/11841/27/editorial/14/2

ask to speak to the senior clerk, explain that you are looking for a recommendation for a good firm of solicitors - if you are on a budget you may want to specify small/out of London etc. Even if they can't help you they may be able to point you in the right direction.

Hi there

It sounds like the 'other side' have applied for a timetabled divorce and not let your team know until the last minute - so it may be that your solicitor has recently just learnt too. But this is unlikely. It does sound like incompetence to me.

I was told about my timetable back in August and have just done 'Round One' which is the FDA. It is perfectly possible that they were expecting to go to the FDA just to confirm you were still exchanging and adapting 'offers' with a view to converting your FDA to an FDR (e.g finalising the agreements between you).

Yes, you need to attend. Undoubtedly. You also need to go there expecting to complete some negotiations (although if you don't, you will then have a second appointment, FDR, in which to continue your negotiations). At the same time, you can still negotiate between your respective solicitors.

For you to be summonsed to court, someone must have applied for 'Ancilliary Relief' which is an application for court involvement. Ideally divorces should be sorted out amongst yourselves (as you were doing).

I would be changing solicitors - although this sets you back a lot in money terms, you could go to court on the day as a 'litigant in person' and explain that you're seeking out new solicitors. You could also try to do your own negotiating (just say 'no' to everything) to stall the process.

Sorry about the above- mix- up with my SIL name-.

CheersMedea I contacted someone via the link you gave me and I have an appointment. Thank you so much for your help.

WellWhoKnew Thank you for the advice. I wish I'd found you ladies earlier!!

So prior to the FDR on Thursday, the other side has sent documents saying I am not to receive anything because I have assets in my home country! (The assets are related to my family and therefore I really have no hard cash at all in them except in name).
I am besides myself!

It's problematic if they believe the assets are yours, which you're saying isn't the case, or if they believe that you may inherit some/all of these assets.
Have you completed the detailed financial forms and not declared something that you may (or may not) have interest in?
I realise that this will have been a shock, especially if you feel that you have no assets elsewhere.
What has your solicitor said?

In acrimonious divorces the 'other side' always maximise their own position and minimise yours (and vice versa) - it doesn't make anything true at all. The judges job (in a final hearing) is to ascertain the 'facts' that are espoused.

What you need to do is get the paperwork related to those assets, get them translated and valued. Remember that 'asset' sharing is just one approach to divorce, and some assets, which have been in the family for a long period (e.g. castles) can sometimes be excluded when there is legacy, or the needs of others (e.g. family members being habitually resident there). No allegation is fact until the facts are established. You need to spend your time getting these documents (and if you haven't done so by your FDR - then it's not a hanging offence).

You need a good solicitor now, you really do. Because if it's periodical payments you're after, then it'll come down to whether he can afford them etc.

Don't panic until you hear the panic button being sounded!

I declared absolutely everything. Apparently it is an offense not to and my x knows about this land and explained so.
My solicitor says he will call me tomorrow to discuss. Does it mean I'm wasting my time? because if I am, then maybe I should just give up.
I'm so stressed.

Wait to your solicitor rings tomorrow. I can imagine the stress you are under but there's very few hard and fast rules in divorce, everyone's is unique.

It doesn't mean you're wasting your time - you've posted very, very little of your individual circumstances here (and don't, that's what you've got a solicitor for). No need to give up yet.

The other side are letting yours know their position - this is an essential starting point in negotiations. Not unlike when you bid on ebay you might put in a shockingly low 'take your chances starting bid' where as the seller has an 'unrealistic expectation of its value'.

Divorce is a lot more complex than that, but that's essentially what happens.

PS - try to relax as best you can, although I realise I'm a hypocrit on this issue.

Thanks alot for all that information and encouragement. I will keep you posted (you really are holding my hand)!!

It's okay, I think you have to be in it to understand it. I personally can't wait until it's over....which is next year!