Big Sheep Christmas Quiz 2024.All...
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Solicitor acting without instruction
I brought a divorce, the decree nisi has been granted, costs were awarded against then ex. My solicitor advised me to allow the ex to request the decree absolute in order to save myself the £40 fee. I did not attend court but emailed that I had no objection to the decree. My solicitor wrote to the other party saying she would not be attending.
After submitting the request, the ex applied for costs, only informing my solicitor of the fact the day before the hearing, she therefore did not receive the letter until the day of the hearing. Costs were awareded against me.
My solicitor then went on the write to the other party and the court saying she was appalled by what had happened. A telephone hearing has been set for the end of September. She has written to me to say that she assumes I want her to deal with this unless I want to myself (impossible for me as a lay person)
The question is about the fact that at no time did my solicitor get my authorisation to write the letter of complaint regarding costs to the court and the ex's solicitor. The way I found out was when i rang the court to find out why I had not received the decree absolute. They then told me about my solicitors letter. She has set in motion a chain of events which did not have my authorisation, and I would like to know, under those circumstances, whether I am liable for any of her fees?
After submitting the request, the ex applied for costs, only informing my solicitor of the fact the day before the hearing, she therefore did not receive the letter until the day of the hearing. Costs were awareded against me.
My solicitor then went on the write to the other party and the court saying she was appalled by what had happened. A telephone hearing has been set for the end of September. She has written to me to say that she assumes I want her to deal with this unless I want to myself (impossible for me as a lay person)
The question is about the fact that at no time did my solicitor get my authorisation to write the letter of complaint regarding costs to the court and the ex's solicitor. The way I found out was when i rang the court to find out why I had not received the decree absolute. They then told me about my solicitors letter. She has set in motion a chain of events which did not have my authorisation, and I would like to know, under those circumstances, whether I am liable for any of her fees?
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Divorce is quite hard enough for you, I imagine, without picking an argument, which you can't possibly win, with your solicitor! Your solicitor has done her duty by her client,you, within her general instructions to act, and is, by your account, continuing to do so. You're perfectly free to end her engagement ( and she is usuallly entitled to hold on to the papers until she is paid), and then find another solicitor if you like. They might want money up front before they act. You may not think, on reflection, that changing is neither necessary or desirable.
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