Is my Lawyer taking the piss? (Separation & Divorce)

[whistablenative]

ExH walked out in 2021 after 20 years marriage. We have 2 disabled kids
(then 14 & 16). I am their long term Carer. I am also long term disabled.
We now survive on Income Support, Carers Allowance & DLA.

I contacted a lawyer. She was great. Applied for Legal Aid for me. Then left firm.
I then had a convo with an older male staff member who was misogynistic & advised me that I 'you'll be lucky to get any pension as it's 'his' really, you won't get the house but at least you'll get Legal Aid I suppose while you argue'.
I was then told I had Legal Aid & given a trainee. 2 years later (comms have been awful, they frequently 'don't notice' an email for 6-8 weeks - I would have changed lawyer but that's tricky with LA &, even if slow at least it was 'free').

Last month I was sent a bill for 1K for the Sep Ag. I asked why no LA & was told that I'd been informed by email 2 years ago ('it's on file' but no copy provided) that I got advice & assistance not full LA - '& you've made a gain so you pay'.
I will be able to access the Pension in 12 years & I'm sole house deeds now but there is no equity in the house & we would struggle to move re kids needs.
So I have asked them to apply to the Hardship fund of the SLAB. NO reply.
Email from them advising 'bill outstanding 28 days - 5% interest will be applied'.

I am also Divorcing (I have to, or the pension pot is not divided under Sep Ag).
They just wrote to ask me to 'provide the contact details of a family member or friend who can confirm that I have been living separately from ExH, from what date (this is all in the Signed Separation Agreement that I'm being billed 1K for) & need Legal Aid'. Are they just trying to create work?

Can you contact Legal Aid and ask what they did give you 2 years ago. Then I’d also ask your current solicitor for a copy of the email they sent 2 years ago confirming what they believe Legal Aid awarded you?

I would double check the paperwork that you have received directly from the Legal Aid Board as the circumstances of repayment will be explained there. Your solicitor should also have made it clear that if there was any gain under the agreement then the Legal Aid Board would need to be repaid (still at a massively reduced rate compared to private rates though)

@surfacedeamon Thank you for replying. It was the SLAB who confirmed I have legal aid 'advice & assistance'. I have never had anything in writing from my Lawyers.
@BigBananaSplit Thank you for replying. I have never had any paperwork from the Scottish Legal Aid Board. I have not had an email that I can see from my Lawyers. I asked to be forwarded one & they just said: 'Its on your file'.
So, I think it is phone notes from the original person who left 2.5 years ago.

SLAB said 'you were probably confused' but I can make a complaint if I like (not through them, its a different body). But I'm aware that the bar for complaints against lawyers is incredibly high. I've had poor service from them too but I was putting up with that as it was free & it's hard to move lawyers when you have Legal Aid. Now, if I make a complaint it will look like £ sour grapes.

I have emailed them to ask if they will hold the interest for 28 days whilst I gather £ evidence (they need recent benefits statements which take around 3 weeks to arrive usually) & they make a submission for Hardship Fund. No reply.

That is really odd (ex-family lawyer who dealt primarily with legal aid cases -Scotland- here). I would ask SLAB to forward copies of all correspondence that they have issued directly to you and those sent to the solicitor assigned to your case. I would also check that you received the Firm’s Terms of Business at the start, and if not I would 100% be making a complaint to the SLCC (complaints commission) and expecting them to find in your favour (seek the cost being sought from SLAB and hopefully the SLCC will ask them to cover it). Tbh I would be making the complaint either way based on the poor service and shockingly slow communication you received. Good luck!

@BigBananaSplit THANK YOU for this info.
Funnily enough, I received a letter from SLAB this morning re the application for LA for the Divorce. It gives me a LA ref number & various details. I KNOW I did not have this for the LA application for the Separation Agreement. I asked Lawyers to send me a copy of when I was given the Terms of Business in 2021 but they just said 'on your file & here is a further copy' - not quite the same thing. If I make a complaint to the SLCC will that hold up the Divorce though?
(sorry to ask a further Qu - I really appreciate your help already)

You could make a complaint to the SRA. Solicitors’ Regulator. Their website is pretty good. Good luck - they sound dire.

To complaint about a Scottish Solicitor, it’s the SLCC that you need.

UPDATE: I have found the original letter from Sept 2021 (but no Terms & Cond)
tbf It does say that it's A&A being applied for initially but that Full Civil Legal Aid will need applied for in due course as child under 16 so will need to go via Court.
It dragged on so long that child turned 16 last summer. Apparantly it therefore should have been clear to me that I would need to pay 3 yrs A&A.

Lawyer is also asking for different info from SLAB for application to SLAB hardship fund. I am having hospital treatment & they want me to produce a 'full financial schedule document'. I have already given them my bank account transactions & proof of benefits. Meantime they are charging me interest & have not even acknowledged documents sent to them (original certs etc).

Unfortunately, SLCC say they 'cannot deal with ongoing cases' on their site.
Off to call Law Soc next.

@BigBananaSplit @Radiatorvalves @surfacedeamon

Update:
SLAB have written to me to say that LA for the Divorce was granted on 8th.
They have written to exH to say that he can appeal this.
The Statutory Statement attached says that 'as there are two children under the age of 16 a simplified divorce cannot be used'. But neither child IS under 16.
Lawyers know this & hold the original Birth Certs I sent. So have messed up.
Will that stop the Divorce going through properly / or affect the LA?
Who should we contact about this? SLAB?

Equally worrying, exH says he's also been sent a letter by my Lawyers.
It says they've been instructed by me to act in the transfer of the title of the house into HIS sole name. It should be MY sole name as on the signed Sep Ag.
The letter is for his signature. he has not signed it yet (dated 21 Feb) as he's been away. I am hoping he won't / they've not gone ahead with conveyancing.
Again, who to complain to? I guess them in the first instance but I have totally lost faith in their competance now. I'm very stressed about this now.

https://www.lawscot.org.uk/for-the-public/client-protection/complaints-against-solicitors/

Sorry to hear how awful things are. I am not in Scotland but try the above website. I hope it helps. X