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Change of Solicitors

  • stay positive
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13 Apr 18 #500707 by stay positive
Topic started by stay positive
Hello can someone advise on changing soliciors.

I have an FDR coming up in four weeks, I have asked for copy of my ex wife's updated form E, information on her business activities and various other bits and pieces on numerous occasions. I have still not seen them, my solicitor does not answer emails and I have finally had enough.

Does anyone know what I need to do. Obviously the FDR will need to be postponed while I engage another solicitor and get him / her up to speed.

Do I contact the court directly?

How do I get all my paperwork back from the current solicitor?

I realise this is going to cost me a load more money but as things stand I can see us going to FDR and the judge kicking it out because she has not produced required paperwork. I don't even know what total is in her pot !!

It's bad enough going through this process with an ex who is obstructive and uncooperative without a solicitor who is not helping.

  • WYSPECIAL
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13 Apr 18 #500708 by WYSPECIAL
Reply from WYSPECIAL
It may be that they haven't emailed you as they have no news and are trying to keep costs down?

If your ex hasn't sent the information then they can't forward it on.

Someone more knowledgeable in Court procedures will probably answer about the FDR but I would have thought it best to let it go ahead then if they need to order a time scale for your ex to produce evidence they can do so.

If you want to dispense with the services of your solicitor then you will need to settle your bill in full in order for them to release your file.

Do you intend to self rep going forwards or find another solicitor? If you have found dealing with solicitors frustrating you may prefer to deal with it yourself.

  • dukey
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13 Apr 18 #500712 by dukey
Reply from dukey
WYSECIAL is quite right i think.

All i can add is that the FDR will go ahead unless your ex agrees to wait, even then the court don`t have to agree, they have a busy diary for these hearings.

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13 Apr 18 #500713 by stay positive
Reply from stay positive
Thanks for reply. So it looks like I am stuck with solicitor for now or self represent

  • hadenoughnow
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14 Apr 18 #500723 by hadenoughnow
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You/your solicitor need to file and serve a schedule of deficiencies - i.e. a list of what's missing. If the information required was listed in questions in your questionnaire and there was an order setting out a timeframe for answering, your ex is already in breach.

However, in reality deadlines in family law are pretty fluid. If the missing information means FDR cannot be effective, ask for costs.

What you could do is make some reasonable assumptions about the missing information and then make a without prejudice offer that will clearly be unacceptable but may at least start a discussion.

Remember you instruct your solicitor. They advise you. If you want to dispense with their services, you will need to inform the court of the change in representation.

Hadenoughnow

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14 Apr 18 #500728 by stay positive
Reply from stay positive
Thanks for that, I have discovered that family law is a joke and in reality the court route is a lottery and just a pay day for solicitors.

My ex dint have her paperwork in order for the first hearing, cancelled the second in favour of a round table still didn't have required paperwork, my guess is it's going to be same for FDR. It's dragged on for three years now.

All the fun of financial settlement :laugh:

  • NoMoreMrs
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17 Apr 18 #500787 by NoMoreMrs
Reply from NoMoreMrs
Mine has also been going on for 3 years, I feel your pain.

I used to get very frustrated with my solicitor when she never replied, I later realised she was only saving me money and would only reply when she had news. She would also answer all my questions in one reply.

It is very frustrating, but just hang in there and let your solicitor take on the stress for you.

Good luck :)

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