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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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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Hi clare, we got a big problem my solicitor might not able

Customer Question

Hi clare, we got a big problem my solicitor might not able to carry on with my case because she just found out last Thursday that ex brother is also thier client because of his immigration matter. Because it's conflict of interest she might have let me go. I am so disappointed. I explained to her I won't be able to start with a new firm its way too complicated to start all over again. Can't she get rid of him. She is saying her principle is looking in to this.
I a really concerned
Asma
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
It could be a problem I am afraid
The firm will have to let BOTH of you go if they decide that they cannot continue - but if both clients agree then they can continue to act for you both
However if not do NOT panic - the matter can be taken on by another firm and a new perspective may help!
Clare
Customer: replied 2 years ago.
Hi Clare, my solicitor principle looking into it. He said he will use his best endeavours to make sure they can keep me.She said not to worry,
There is hope she may continue
Asma
Expert:  Clare replied 2 years ago.
HI
that is good news
Clare
Customer: replied 2 years ago.
Hi clare, I am feeling very deflated that there always somthing goes wrong for me. When things looking positive there is always another issue arises. Everything went ok until the court ordered for the brother to join in the proceedings.
All this stress is really affecting my health physically and emotionally also financially. These proceedings will take long time I think.
If a new firm starts its all time consuming. I am very unfortunate. Ex will get away with all this.
I have requested my soliciotor today that for the firm to keep me. The principal has reassured that he will keep me, I will know what they will next Monday wether she will carry on or not.
I am getting really nervous. all this is stressing me out so much.
Asma
Expert:  Clare replied 2 years ago.
HI
Deep breathes - it all sounds positive
Clare
Customer: replied 2 years ago.
Hi clare, solicitor did say if they have to let both of us go, it may go in my favor that we now where the brother case who is dealing with it. It will clearly show that ex knew where his brother is but his saying he has no links with his brother.
I am hoping they will keep me, but if they let both of us go it will be better for me to track his brother down.
The only thing is it's going to prolong the case.
Asma
Expert:  Clare replied 2 years ago.
Hi
Well done - you can see the plus side as well as the down - so stay calm and remember that
Clare
Customer: replied 2 years ago.
Hi clare, my solictor can still act for me. There have not found any material information about ex's brother.
My youngest two children have placment order the social worker said they have found a match for them they are in early stages. I am so disappointed I thought my two childen will hopefully remain in long term fostering. They still have twin track plan.
I am being treated really unfairly by the LA, they don't want to work with me or have no plans in return of any of my childen to my care.
I don't know why am I doing all these changes. If my two youngest get adopted it will be really hard for me.
Is there any possible I can maybe revoke placment order?
Many thanks
Asma
Expert:  Clare replied 2 years ago.
Hi
It is only the early stages and yes they can be challenged
Please remember that they do not have to work with you any more - but you have to work hard to show the court you have changed
Clare
Customer: replied 2 years ago.
Hi clare, I seeked advice from my solicitor who is dealing with the divorce. She does also care proceedings. She said if the LA do not support the changes the parents have made then it will be very difficult to convince the court. Because the court will also ask reports and recommdations from the LA professionals.
She advised me it's better to work with LA. Then against them the process goes better.
But you know clare they don't have to work with me.
I am working so hard but it's been ignored by the LA. They are doing what is best interest of the children.
I am working towards return of some of them. But the divorce is taking long time.
Asma
Expert:  Clare replied 2 years ago.
Hi Asma
All you can do is keep going - you are getting better all the time
Clare
Customer: replied 2 years ago.
Hi clare, My child care solicitor will apply for legal aid, she would want Gp letter how is mental wellbeing, she wants report how I am getting with freedom programme.
She will apply to oppose the adoption plan for my two children. She is saying the LA need to relook at me again.
I am slowly making changes. If I do legal aid she will apply. If not I will pay her privately.
Asma
Expert:  Clare replied 2 years ago.
Hi
Good idea
Clare
Customer: replied 2 years ago.
Hi clare, do you think it's a good starting point? I will attend my two youngest children review next week. I will let the IRO and social worker what our plans are.
My solicitor said I should inform them that she will be in contact with in due course.
Asma
Expert:  Clare replied 2 years ago.
HI
Yes it is a good starting point
Clare
Customer: replied 2 years ago.
Hi clare, everything moving smoothly the divorce Is ongoing my solicitor is gong to continue to act for me, child care solicitor is slowly coming on board. I just hope I can be entitled to legal aid.
It's going back to court. Backwards and forwards it's just ongoing thing I have been doing since March 2013.
I really don't how I am coping with all this.
Asma
Expert:  Clare replied 2 years ago.
Hi
I think you are doing well - which is a good sign
Clare
Customer: replied 2 years ago.
Hi clare, do you think I will be eligible for Legal Aid? I am receiving benefits. What do this mean based on merits?
Thank you
Asma
Expert:  Clare replied 2 years ago.
Hi
It is not easy to assess the merits - but I do hope so
Clare
Customer: replied 2 years ago.
Hi clare, what would be the merits? Does merits this mean it's chance of success? Would I be eligible because I was victim of Domestic Violence.
Asma
Expert:  Clare replied 2 years ago.
Hi
Merits is about whether there is a reasonable chance of success
The DV should ensure that it is at least considered
Clare
Customer: replied 2 years ago.
Hi clare, shall I ask my child care solicitor wether I should be considered I was victim of DV In my legal aid application?
I am not now because I am in safe place but in the past I was? Also I am doing the freedom programme.
Asma
Expert:  Clare replied 2 years ago.
Hi
The DV is not relevant to the Children application - only the divorce
Clare
Customer: replied 2 years ago.
Hi clare, my Gp will do a report it will be ready for Monday, the support worker from the freedom programme will write a report on Monday. Shall I request report from the voluntary work I do?.
Also my Gp will write I attend weekly councilling too.
My two LAC review next Wednesday the children who have placment orders. I am obtaining supporting evidence to apply for Legal Aid. When I return next week from the review. I will be meeting with my solicitor.
Asma
Expert:  Clare replied 2 years ago.
Hi Asma
Well done I hope all goes well
Clare
Customer: replied 2 years ago.
Hi Clare, I am getting bit anxious I am not sure will I be entitled to legal aid or not. I'm just feeling nervous. I was not expecting this I was waiting for the divorce to finalise but this news had come up. I am hoping all goes well.
Asma
Expert:  Clare replied 2 years ago.
Hi
Stay calm - this would be a bonus but you are doing well
Clare

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