- Posts: 25
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Let us be quite clear, shall we ?
A solicitor cannot act for both parties in a divorce case.
Period. No argument.
No solicitor should accept instructions if he is already advising someone with an adverse interest.
If the solicitors pressurised you to let them act for you, they should not, in my opinion, have done so.
For what that''s worth.
I don''t think you can complain to the legal ombudsman as it''s not a solicitor who you have instructed. (I understood it as you are an unrepresented respondent and the solicitor only acts for your ex)
The SRA is a possibility - but to be honest, if the solicitor said it was actioned on the 8th (a Friday) and papers didn''t in fact get sent to court until the 14th. That is a delay of 4 days! I don''t suppose the impact on you would be that great to warrant such a complaint. Although I appreciate it is very frustrating. It could be possible that the solicitor did action it but the secretary did not pick it up until Monday and that is where the delay occurred. So could be an innocent mistake.
If you write to the solicitor seeking a simple apology, it would be sufficient rather than complaining to their regulatory body which seems rather extreme action.
In terms of the solicitor pushing you into changing from the Petitioner to the respondent on the basis that he/she would be able to proceed with the divorce more speedily which you accepted doesn''t sound unreasonable unless they were particularly forceful.
What remedy would you expect a complaint to bring?
Being mislead and receiving incorrect information are completely difference things. It is common for a solicitor to think one thing e.g. a letter went in the post, only to later find out that a secretary left early for the day and the letter remains in a post basket.
Is there any loss or distress caused by the delay? I doubt it.