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self rep, can she tell me not to contact her sols?

  • soulruler
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21 Aug 12 #350981 by soulruler
Reply from soulruler
I am going to disagree with TGBagpuss which is difficult as I do really appreciate and respect her advice.

There is no reason why you should not contact your stbx and no reason also when you self rep that you should not contact her solicitor.

I have to say I have been there and done that.

In my experience I found when I complied with ex solicitors not to contact him direct they had withheld my letters which they are olgliged to forward to him by law for nearly 12 months.

If you contact a litigation party with the intention to harrass and subdue then that is an offence in law but if you contact their legal representative or the litigant direct with the objective of getting a resolution to your dispute then no one can fault you (other than the abusive and negligent) for your best endevours in law.

It is one of the things that I am enbroiled in at the moment; my ex''s legal team stating that if I serve him with information that they will apply for an extended civil restraint order aginst me - well they have threatened this and tried in the RCJ for a Justice to order it - AND FAILED.

Make sure when you contact any party that you are doing it in good faith and make sure also that you make a copy of the letter served with the information so that you can put in any bundle of documents that may be put to court in your defence.

It is a hideous legal tactic that solicitors insist that either by contacting a litigant direct or insisting that as a self litigant you contact them and then fail to respond and say that they are right.

Send a copy to the solicitor and a copy to your stbx so that her solicitor can not fraudulent claim that their failure was on the basis that they were taking her instructions.

In the circumstance you describe I would send the letter by recorded delivery so that you can track it (to both you stbx and solicitor) and as a belt and braces excercise you could also consider filing in an Acknowledgement of Service form and filing that with the court along with a coopy of your receipt for recorded delivery.

I would add that it is a dirty trick both against you and your stbx as a solicitor can claim if you do contact your ex that you are harrassing them and as a head I win and tails I win senarios they can also claim that they were only taking their clients instructions and that the instruction was that they were not to respond to your harrassment.

  • dukey
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21 Aug 12 #350983 by dukey
Reply from dukey
Did her solicitor ask you to contact her directly?.

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