ChatterBank1 min ago
No Confidence In Solictitor
This is a difficult one. My friend is going through a nasty, complex divorce. Without going into too much detail, she is feeling let down by her solicitor who isn't explaining things things in layman's terms to her. Also, my friend is sending emails asking questions and not all points are covered in the replies. She can't afford to contest the divorce but feels there are many innaccuracies in her husbands petition which should be raised but has been told that she cannot do that. That and other issues mean that she has lost confidence in her solicitor and doesn't feel she is being properly represented.
Bearing in mind she has already received her decree nisi, is it too late for her to appoint another solicitor?
Also, is there any way she can submit her version of events eg like a written statement? before the absolute comes through?
I know virtually nothing about the law and would appreciate hearing some views on this as I try to support my friend who is, understandably, at a very low ebb.
Bearing in mind she has already received her decree nisi, is it too late for her to appoint another solicitor?
Also, is there any way she can submit her version of events eg like a written statement? before the absolute comes through?
I know virtually nothing about the law and would appreciate hearing some views on this as I try to support my friend who is, understandably, at a very low ebb.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Sadly, the legal profession is far too often not good at dealing with their individual clients and the adversarial nature of courts in the UK makes matters even worse - solicitors become fixated by the game and often intimidated by the perceived obstacles and costs of it all. In the process, the fairness side of justice gets trampled and the human elements squeezed out. There is evidence that there are lots of people around who feel the entire justice system in the UK needs a comprehensive overhaul and the largest component in that are those who have been processed through the system and found it unsatisfactory (not just because of the final result but because of what it puts you through). I was once involved in a civil case/dispute and, out of dissatisfaction similar to your friend's, I changed solicitors because I could not stand being ignored and kept in the dark. There was some suggestion as the case progressed that this counted against me, perhaps that I had shown disrespect for the profession - an oddly partial approach I thought. There is very little realistic chance of seriously questioning how any solicitor (less so a judge) conducts him/herself - they are a cartel. Mind you, the medical profession is probably even worse than the lawyers in the way they protect each other and literally bury their mistakes.
I have heard that in other countries a lot of civil disputes can be and are resolved much more amicably and satisfactorily through dispute resolution boards (often with no solicitor/lawyer in sight) which leave people feeling that the handling is more transparent, fairer, quicker and cheaper than is the norm in the UK. Maybe the UK will follow on in the coming decades.
Unfortunately, I know practically nothing about divorces so cannot be of useful help in that regard.
I have heard that in other countries a lot of civil disputes can be and are resolved much more amicably and satisfactorily through dispute resolution boards (often with no solicitor/lawyer in sight) which leave people feeling that the handling is more transparent, fairer, quicker and cheaper than is the norm in the UK. Maybe the UK will follow on in the coming decades.
Unfortunately, I know practically nothing about divorces so cannot be of useful help in that regard.
If the marriage has broken down, and both parties admit that, the divorce is a done deal, whatever the details of his or her behaviour. If you are arguing about money, shareout of assets, or child support or custody, that may be another matter, but to get any different settlement you would have to prove that one party or the other lied about circumstances. If it is possible to prove that lies have been told, it may be possible to delay the decree absolute while further hearings are held. But it is probably time for your friend to cut her losses.
There is ONLY ONE REASON for a divorce now and that is that the marriage has broken down , there is no longer any consept or investigation into 'blame' or 'whose fault it was' When you ask if she can submit 'her version' of events it suggests to me that she does not realise that the two parties behaviour or actions are no longer considered in getting a divorce. For example it does not matter for the divorce if the husband had an affair or mistreated his wife in some way such things are only considered in deciding if the marriage has broken down they will not be mentioned in court.
A solicitor only has to sort out things like child care, finacial settlement, and housing arrangements .
People still think that it has to be 'his fault' or 'her fault' but this no longer applies, the fact that the marriage has broken down is the ONLY reason that is nessesary or is considered in granting a divorce.
You do not say what the questions are about, finance, child care or living arrangements / housing for example.
As atlanta has said unless the husband has lied about his finances which would affect the money side of things there is nothing that can be done, as long as it is establised that the mariage has broken down that is all that is needed to grant the divorce.
A solicitor only has to sort out things like child care, finacial settlement, and housing arrangements .
People still think that it has to be 'his fault' or 'her fault' but this no longer applies, the fact that the marriage has broken down is the ONLY reason that is nessesary or is considered in granting a divorce.
You do not say what the questions are about, finance, child care or living arrangements / housing for example.
As atlanta has said unless the husband has lied about his finances which would affect the money side of things there is nothing that can be done, as long as it is establised that the mariage has broken down that is all that is needed to grant the divorce.
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