Quick question: spouse using solicitor I consulted previously

[ChooChooLaverne]

Hi there

I'm finally getting round to getting a divorce some four years after separating and I've just seen a copy of a letter from my STBXH's solicitor to mine. It is from the same solicitor I consulted just before we split up but who I haven't seen since.

I've often seen it said on here that if you ask a solicitor for advice then your spouse isn't allowed to use that same solicitor in divorce proceedings. Does anyone know if there is a time limit on this? I find it a bit disconcerting that I might have disclosed information to them and they're now advising him - even though it was a few years ago (and I don't think I told them anything incriminating!).

Any advice would be helpful.
Thank you!

Not much help from me as I thought the same. I was horrified to find they ignore this when it suits them. After I had been for a free hour with a paralegal at a local ferocious law firm specialising in divorce (and found them impersonal and grasping) I went elsewhere. Three months later my very important XH was being represented by the senior partner in the firm.
When I queried it they had "lost" all reference to me and denied my appointment happened. I even had the written confirmation and offer of terms to represent me.
I had the last laugh though when XH had to pay his very expensive bill.

Kouign thank you. STBXH's solicitors are equally ferocious and grasping and I didn't take to them at all. I felt like the solicitor I met wasn't used to dealing with normal people who weren't seeking millions in spousal maintenance. And no such thing as a free consultation. I only went there because they were registered with Resolution and I thought they'd be non-confrontational.

I think she sent me a letter after my appointment but have no idea where it is - if I actually kept it.

If you find the paperwork, your own solicitors might be able to lodge a complaint, and the company might get in a bit of hot water

Strongly suggest finding any evidence of the consultation you can

Thanks kaykayred I will search high and low. I just really hope I kept it.

This sounds like they didn't actually have a file open, I'm guessing that you had a free half an hour appointment, therefore you are technically not their client, and there will be no conflict of interest.

The appointment wasn't free. It was an initial appointment for an hour and cost around £200

Does that make a difference if I paid?

You must have an invoice or some correspondence if they charged you?

How would you have paid them?

They definitely sent me a letter/invoice. I've found the solicitor's card and some information about a firm of mediators she recommended I went to see.

I can't remember if I paid by cheque or cash as I didn't want STBXH knowing I was seeing them. I may have got rid of the invoice for the same reason (we were still living together) but will keep looking. Would they have kept a copy?

It is usual practice to do a conflict check prior to taking on a new client to avoid this situation.

If you bring this to the attention of your own solicitor they will broach the subject of the conflict of interest with them. They may well have to apply to come off record for your ex...although I don't work in this area so I can't tell you usual practice for divorce.

seems a fairly straightforward conflict. They almost certainly won't have a record of your consultation as you didn't engage them for divorce proceedings they (along with every other organisation) can only keep information for a certain amount of time. Three years is one of the key dates laid out by the Information Commissioners. Hence they will probably have auto deleted your records and have no idea that there is a conflict.

If you are bothered by it as others have suggested i would raise it with your solicitor.

I'm not sure there is a conflict here. If the solicitor was not formally engaged to act on your behalf then they are free to work for somebody else. The initial consultation was just that, an initial consultation, and despite the fact that you paid for it, I don't believe the solicitor has any on-going obligation to you if you didn't hire them to act for you as a result of this meeting.

I also paid for a consultation (a bit less than you) but on signing up formally was informed of their hourly rates, who would be working on the case and had to go through some basic identity checks before I was officially a client. I assume that this didn't happen?

Just write to them, and tell them that you came to see them four years ago (an approximate date would be fine) and that you consider that by virtue of this they are in a conflict situation and should not be acting.

If you did, add that you discussed finances and assets with them. If you get a letter back from the same individual refusing to accept a conflict, then write to the senior partner if you are determined you don't want them acting.

It's more about what you discussd with them than anything else. If you gave details of your finances, future finances etc, then they are conflicted out. If you didn't they may not be.

Thank you all for your thoughts.

I've mentioned it to my solicitor and he is going to ask that the solicitor I saw originally at the firm has no involvement with my STBXH and that any notes they made are not available to the solicitor that STBXH is using.

We agreed that we don't really want him changing firms as it will only delay things.

I was just surprised as I've seen it mentioned on here so often that if you consult a solicitor, even for a free half hour, then they are not allowed to work for your spouse. I do realise it was a long time ago though and so these rules might not necessarily apply.

I did have to do all the things to prove my identity, was informed about their rates etc.

That sounds like a good way forward. The advice that you find here is often based on our personal experiences. Every now and then an active, practising lawyer has a rant about the inaccuracy of the "advice" being dished out so I am pleased that you have talked it through with your solicitor. Good luck with everything!