My stbx solicitor sent a letter stating I had taken a sum of money from my other half. This really annoyed me because I had not, it was total lies. Since then firm E has been disclosed, and it is obviously stated no money was removed.
My question is can I get an apology or acknowledgment from them that they were wrong?
Can I go to an ombudsman to complain about by deformation of character again?
My understanding is that you can only complain about your own solicitor to the ombudsman. I believe that if you think SRA regulations have been broken, you may be able to notify the SRA who investigate and take neccessary action against the solicitor.
I doubt that the matter you have stated above is grounds for reporting the solicitors to the SRA. If they made accusations, they did so on the basis of what your STBX was telling them. So they were not dishonest, but acting on their instructions from their client.
You have not suffered any loss. The financial remedy process is a difficult and challenging one. My advice is to let it go and focus your attention on your case and finances.
I do understand that the letter has caused you offence. But how is it deformation of character? It's a private letter to you and does not damage your good character if you're the only person who reads it. The statement was not made to a third party. So your good character remains in tact.
Thanks bubblegum. I was just annoyed that the ex slandered me to all my friends, family plus any stranger it could find to tell these lies. I looked into that, and general advise is it wasn't worth the cost to put things right. So when the solicitor writes in ink these lies too, I was well annoyed. It seems you can say any lies about anyone, slate their good name and get away with it.
As bubblegum says, the letter was to you so there is no defamation of character. If you chose to show that letter to other people you would be responsible for defaming your own character.
Getting back no point though, it is your ex who gives instructions to the solicitor therefore it is to your ex that you should direct your objection. The solicitor is merely repeating what has been said to them.
I think you just have to develop a thick skin during divorce, if you did a questionnaire aimed at members of this forum I am sure that a very high percentage of members will have suffered exactly the same.
The nice thing about being a LiP is that you can respond to such solicitors letters quite simply by stating "any such allegations will be robustly defended in court" and it is not costing you an arm and a leg to do so.
My ex also did the same and to this day many people do not speak to me but if they really thought about it they should question why my son is living with me and not my Ex if I am guilty of such heinous crimes!
On a side note you really have to question the morals/ intelligence of some solicitors for putting down on paper what are obviously blatant lies instead of having a quiet word with their client - is it just so they can charge more?
A solicitor must take their instructions at face value. If a solicitor doesn't believe their client they cannot do the best for their client. Morals or intelligence do not feature in the solicitor/client relationship.
The same analogy is often made in criminal law to solicitors and barristers. The question "how could you act for a murderer/rapist/child molester?". The answer is that if the accused says they didn't do it, the solicitor/barrister has to advance the defence no matter how unlikely this is.
There have been many injustices in the law and if you were accused of a crime that you did not commit, you would expect your legal representative to believe your version of events wouldn't you?
The flip side to this is that if a client is discovered to have lied to their legal representative, the representative has to effectively 'sack' their client.
A colleague of mine had this situation where a client said that they did not know the whereabouts of some gold jewellery which was a significant asset. The other side would not let the issue go and settlement could not be achieved without the issue being resolved. The client then confessed that the gold had been taken by them from the family safe and remained in their custody. The solicitor/client relationship broke down due to the deceit and the client was told to go elsewhere.
Don't blame the solicitors, blame the instructions they receive .i.e. blame their clients!