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Wife and wife's solicitor pushing for trial

  • FABIO SORBELLO
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24 Jan 18 #498993 by FABIO SORBELLO
Topic started by FABIO SORBELLO
Hi..
I have been trying all possible steps to find an agreeable solution and avoid going to a final contested hearing. We are now heading towards the FDR and I can see very well from the way the wife's solicitor is managing the comms with me and the court that they are not going to find a common ground because they are only after as much equity as possible of the only asset we have: the FMH.
I have been using a solicitor on ad-hoc basis to retain control over costs. I am proud of how calm and rational I have been so far. However, no matter how much time and efforts I put into a possible way out they are not going to settle for anything which will not result in a massive financial loss for me. I am not even after a 60/40 share!!
I am seriously considering the idea of instructing a solicitor and pass this heavy burden to him / her, since I think I will have to do it anyway at some point given that my solicitor does not like representing clients at court. Clearly this delegation will have significant financial impact on my funds and will constrain my ability to re-mortgage to a suitable house for me and the children.
The alternative would be to have a barrister to represent me at the FDR and final hearing. It will be somewhat less expensive. However, I am not sure I can trust a random lawyer who knows he /she will have little to do with me in future. I am not sure I can trust that my interests will be fully protected.
Can anybody advise on this matter? What am I supposed to do to contain costs? The wife’s solicitor is trying very hard to make me fail to comply with the court timescales and directions. I have been ok so far but my concern is that they will manage to put me on a corner somehow in the future.
Thanks in advance!

  • .Charles
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25 Jan 18 #499015 by .Charles
Reply from .Charles
Very few solicitors represent their client at final hearing - that's a barrister's job.

It is very much like going to see your GP - they have a broad range of knowledge and are able to give all sorts of assistance. However, when more specialised intervention is required they refer you to a consultant.

As for a random lawyer - it really does no good for a lawyer to be personally involved with your case. They need to keep a level head in order to give you the right advice. They want you to achieve the best settlement as they want you to be happy with the service they provide but that is where it ends.

For now, you are not even at the FDR so don't automatically assume that the matter will go to final hearing. Most cases settle at or just after FDR. Very few cases go to final hearing.

Charles

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