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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am self representing in the family court my ex who has

Resolved Question:

I am self representing in the family court my ex who has only had 4 hrs a week contact each week for the last 5 years, he now has a solicitor working on his behalf who I feel is abusing the fact that I am now self representing due to costs, I have never had legal aid and have spent 5 years and £15K trying to protect my child , as an example of the solicitors behaviour for the finding of fact hearing I have my childs school and womens aid preparing reports and the solicitor sent them both a letter directing them on the content and length of the report. What can I do?
Many Thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What has the solicitor actually done and said?
Clare
Customer: replied 3 years ago.

I have had emails and letters that I feel are from a person emotionally involved in this case, I have also had letters entitled without prejudice suggesting that I have no option other than to agree to contact on his clients terms and threatening further actions if I don't.

But to try and be a little more succinct, over the past 6 months the solicitor has added and omitted items from two court orders, he sends the court orders to me after he has had them stamped by the courts (no draft and not agreed) , he has threatened to report me to the court for not responding to a letter sent demanding reinstatement of contact in the period between the first and directions hearings. At the initial hearing he was shouting at me in the court waiting room because I had sent responses to the initial court documents and submitted the whole bundle. I find the whole contact with this solicitor abusive and when in court I do have a barrister and he has said that in his opinion the solicitor is emotionally involved and has forgotten that he has a job to do. I wanted to know really whether the SRA should be the first port of call or do I have to complain to his company (which he part owns) or would the Law Society or Family Law Panel be the right people to contact or all them? or would I be wasting time and energy doing this?

Expert:  Clare replied 3 years ago.
Hi
Do you know if he claims to be a member of Resolution - the Solicitors Family Law association?
Is he also a member of the Family Law Panel?
Clare
Customer: replied 3 years ago.

Hi


 


He does not claim to be a member of Resolution but he is a member of the Family Law Panel.

Expert:  Clare replied 3 years ago.
Hi
The problem is that he is not acting for you which limits the complaints that you can make.
You can only complain about times when he has failed to follow the appropriate Protocol
You can find that here
http://www.fnfexeter.org.uk/FNFexeterDocs/PDFs/200601-FamilyLawProtocol.pdf
If he has failed to follow the protocol then you can make a formal complaint to the Firm and on to the Law Society who administer the Panel
You can read more here
http://www.sra.org.uk/consumers/problems/report-solicitor.page
You can also write to him and say that unless he undertakes not to be verbally abusive in future you are NOT prepared to discuss matters prior to a hearing - and will explain your refusal to the court if need be
Please ask if you need further details
Clare
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