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Solicitor paid himself out of money for barrister

  • hattiedaw
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09 Aug 12 #348410 by hattiedaw
Topic started by hattiedaw
Was in court at end of July for 3 days (very complicated divorce as very asset rich husband who''s hidden lots of assets).
Prior to the 3 day hearing my solicitor said he wanted me to pay 10K for the barrister or the barrister wouldnt turn up.
Massive shock, thought I''d already paid for it!
Parents bailed me out and paid the 10K.
After court as it is now adjourned till October barrister (bless him) said he would represent me for free in Oct as he felt sorry for me and was shocked at how deceitful my husband is.
Barrister said he would do the free rep on the grounds that he was paid within the next few days (after the July hearing). I sat open mouthed and said "you''ve had the money, my parents deposited 10K with the solicitor 2 weeks ago". Barrister said he''d not had a penny.
My parents got on to the solicitors and asked what they were playing it and solicitors now say they settled THEIR bill with the 10K and that I have to pay another 4K to pay the barrister!
I''m in a panic...solicitor says he wants the money by Friday. My parents and me have no money available. My parents say they''ll pay it but it''ll take a few weeks to release.
Whats going on? Can anyone help?

  • .Charles
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10 Aug 12 #348606 by .Charles
Reply from .Charles
One way or another, you owe money to your solicitor. However, if your solicitor asked you for £10k to pay the barrister and you (via your parents) paid £10k which was then used elsewhere, this may cause difficulties for the solicitor. Those monies, when earmarked for one purpose should not be used for another - particularly if you lose out on free representation in light of your barrister''s conditional offer to provide free services subject to prompt payment for the recent hearing.

Of course, the barrister cannot sue you for the monies as he acts as an agent for the solicitor so the solicitor is liable for the payment.

Whichever way you look at it, there are outstanding fees and you cannot maintain your legal representation whilst bills are unpaid.

Charles

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