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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

Rules about instructing solicitors

13 replies

GoingToBeOk · 06/07/2018 20:27

I want to put a blocking move on STBXH using particular solicitors. I have made an initial paid for appointment with one. If I make an initial appointment with the other and attend and pay for that, will that stop him using either of them?

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MexicanBob · 06/07/2018 20:53

No. Only if you actually instruct them to act for you and the do so. A one-off appointment - even if paid for - won't.

GoingToBeOk · 06/07/2018 21:05

Right. Thanks very much for the info.

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RinkaIsAStrangeNameforADog · 06/07/2018 22:59

No. Only if you actually instruct them to act for you and the do so. A one-off appointment - even if paid for - won't.

This isn't correct.

A solicitor cannot act for a party if there is a conflict of interest. A one-off appointment may very well be sufficient to give rise to a conflict of interest and in fact is likely to do so if it relates to the same matter.

It doesn't 100% follow that a single appointment will give rise to a conflict.

For example, if a person sees a solicitor for an appointment in which they only discuss the costs of instructing them and the standard procedure in a divorce and the person provides no detail of their situation and the person does not go on to instruct the solicitor, it is unlikely that there is anything that puts the solicitor in a conflict. Similarly if the person sees a solicitor about an completely unrelated matter, there may not be a confict.

If during the course of a one-off appointment, information is shared or advice given, there will be a conflict. For example, if a person tells the solicitor what their bottom line is or what they are willing to settle for - that puts the solicitor in a conflict situation and they could not act.

That said, it does happen that leading lawyers ( both solicitors and barristers) are often a target for people trying to conflict them out so in areas where this is an issue, they are wise to it and take steps to avoid it.

NotSuchASmugMarriedNow1 · 06/07/2018 23:04

I think they have to be actively working for you for there to be a conflict of interest.

Genuine question - why don't you want your STBXH to have access to these solicitors?

ThunderInMyHeart · 06/07/2018 23:06

Lawyer here - do you mean one particular solicitor or one particular firm of solicitors?

The same firm can act for both of you (information barriers put in place etc)

KataraJean · 06/07/2018 23:06

Even an advisory appointment creates a conflict of interest.

GoingToBeOk · 06/07/2018 23:08

Thanks for taking the time to explain that so clearly Rinkals. Having looked at info about the two solicitors and read a bit more about the what the divorce process is like (all very sudden and I knew nothing about it before) I think it's probably going to be a good thing to have more than one initial appointment anyway to see who to work with.
It's all a bit new and scary at the moment.

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GoingToBeOk · 06/07/2018 23:10

I'm terrified that he's going to piss off with everything and I'll be left with nothing.

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GoingToBeOk · 06/07/2018 23:14

NotSuch they are both SHLs and have been highly recommended. And I've been advised to hope he doesn't use either of them.

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NotSuchASmugMarriedNow1 · 06/07/2018 23:52

Aww, don't worry about him taking everything and you ending up with nothing, that won't happen.

You agree the asset split between you, and if you can't agree, then a Judge decides, not your ex. Judges are wise and will divide the assets fairly.

Can you tell us a bit more about the assets, and how you'd like them to be split?

GoingToBeOk · 07/07/2018 04:33

I know how stupid this sounds but finances were his thing. Also he knows I use MN so I wouldnt want to say anything identifiable.

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RainySeptember · 07/07/2018 05:20

Get yourself a SHL and then it won't matter who he uses.

If it makes you feel any better I used a tiny firm and my ex used a SHL. My tiny firm were still capable of establishing what I was entitled to and we didn't back down until I got it.

GoingToBeOk · 07/07/2018 05:28

Good to know Rainy. I'm glad you got what you needed.

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