Hi, i was wondering if there was a solicitor on here that has the guts to fight for what is rite,not what "the book" says.
I know there are regulations ect, but everyone i speak to just says, NO court wont! judge wont and i am not that silly to ignore advice as obviously you know better but i would like a sol to say,the judge may say this,but we can try!!! any one help?
All I would say is that solicitors
obviously want to win a case. They will only suggest what they feel a judge may or maynot do. They have had years of experience dealing in dovorce cases and the outcomes. And a ''good'' solicitor is one who will advise also, as opposed to just taking the orders from their client (which is what they are paid to do), but will inherently escalate costs. Some solicitors may do this no matter what. But a ''good'' solictor is one who won''t just do everything they are told without first suggesting the implications or the possible outcome.
I am not trying to make you feel low in this, but generally you have to trust your solictor knows what they are talking about
Thanks survivor, i get that and happy for guidance as i said they are the profeshinols, but i some times feel it becomes so much of a job they forget about the feelings involved and what is rite, they play it safe, does that make scene?? I totally respect that they know there job but feel some times they back down because that''s what the judge might say. If i go for more and don''t get it then ive lost nothing any way??
Does that make sense?x
My x''s solicitor would argue santa claus was alive if you wanted to pay him, of course they are advocating for their client and if they had integrity and only based their letters on facts they could substantiate they would not be able to inflame the situation and so experience a drop in income. in my experience! i found a lack of soul rather then balls( you''ll gather i''m not a fan) I would think it really unlikely your solicitor would not attempt to put forward your case even if there was the remotest chance of your being successful, if he were to bring a matter in front of a judge that had no chance of success he would be incompetent and you could refuse to pay his costs on that basis.. and would be in trouble. you don''t say what your situation is but you may be able to re think your approach, have you read the matrimonial act? google it it may help you to redefine your case.. or post the details of your issue for a second opinion
Solicitors, barristers and judges work with what is the law. That isn''t always what the client (or anyone else) thinks is ''right''. Lawyers are pragmatic - they only want to take on fights that they think are winnable. They are also frequently focused on settlement as this is generally thought better for clients than an imposed settlement.
If you go for more than is reasonable you may be seen as being uncompromising by the judge. This may not help your case. Solicitors know their local courts and their local judges and what they are likely to take offence at, so it is worth listening to what they have to say.
DO you have £100k+ to burn? When a solicitor is confrontational and aggressive and argues every point it spins out the process, costs raise and there is no guarantee the final outcome will be any better. If court rules and procedures aren''t adhered to and/or a particular allegation or issue is found to be pursued unreasonably it maybe deemed litigation misconduct and you can be ordered to pay the other side''s legal costs as well as your own.
Minxy, I have to agree with sadie and fiona... let the professionals do their job, that they know best and have trained years for, even though it may seem unfair and unjust, they know best. As Fiona says if you want to fight for what is right or bring feelings into it it may cost you thousands with the same or an even less result.
I know this sounds harsh and it doesn''t mean to , so (hugs)... but listen to the words of wisdom