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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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 currently going through family court as a litigant in

Resolved Question:

I am currently going through family court as a litigant in person (LiP). Two years ago my mother was sent a summons on a charge of "failure to show a ticket" after she lost hers when catching a train. During this time, my then partner's friend, who I will call X for ease of reference, who describes herself as a "Legal Advocate" offered to give my mother some free help and advice. As such my mother sent her the court documents, including the summons from the Court, to X.Now, my ex-partner has submitted a statement (requested by the court) and in her Exhibit has included the summons sent to my mother by the Court two years ago, as part of her claim that my family is "dysfunctional". There is a also a Witness Statement from X in which she again describes herself as a "Legal Advocate".I have written to my ex-partners solicitor (who is not X to avoid confusion) as to how the summons was obtained, I have had no answer.I am trying to determine the following;1. Has X behaved inappropriately? I feel that it is a breach of trust for her to act as a legal professional (back in 2014 we assumed she meant she was a barrister or a solicitor from her description of herself as a "Legal Advocate"), then use evidence my mother passed on to discredit her in a case she is not even a party to.
2. Is it allowed to show a summons from another court in a private family law case (to confirm, the court has definitely not requested this)?
3. Is there anything I can do in response to this?Many thanks for your help.
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

For clarity does X have ANY legal qualifications at all?

What is the actual issue before the court

Customer: replied 11 months ago.
I do not know for sure. I am fairly certain she has an undergraduate in law, other than that I am not sure. The issue before the Court currently is a for a Child Arrangements Order. The Court requested statements from my X and I regarding a psychological report on me that the court has ordered and my ex to propose what contact arrangements she thinks are appropriate. The Court has not requested any information about my mother yet my ex's statement focuses mostly on that. My mother is not a party to these proceedings.
Expert:  Clare replied 11 months ago.

Have you checked with the professional bodies to see if she is either a solicitor or a barrister

http://solicitors.lawsociety.org.uk/

http://www.legalhub.co.uk/legalhub/app/init/signon?redirect=%252Flegalhub%252Fapp%252Fmain%253Frs%253DBOL1.0%2526vr%253D1.0%2526ndd%253D2%2526bctocguid%253DIde6206400caa11d9b720e55d2b60bfda%2526ststate%253DS%2526ao%253Do.Id6e745f002c711db85b9d734e660a063&vr=1.0&wluk-usertype=&wluk-usertype=&rs=BOL1.0

Customer: replied 11 months ago.
I have now, thank you. She is neither.
Expert:  Clare replied 11 months ago.

Also check if she is a Legal Executive

http://www.cilex.org.uk/about-cilex-lawyers/cilex-practitioners-directory

Customer: replied 11 months ago.
Thank you I now have. She is not a Legal Executive.
Expert:  Clare replied 11 months ago.

When is the next hearing?

Customer: replied 11 months ago.
Mid August.
Expert:  Clare replied 11 months ago.

is that a directions hearing?

Customer: replied 11 months ago.
No it is a final hearing.
Expert:  Clare replied 11 months ago.

Is there a CAFCASS officer involved?

Customer: replied 11 months ago.
there is. Cafcass are currently completing a S7 report.
Expert:  Clare replied 11 months ago.

Right

This person is not a qualified legal adviser and accordingly is not covered by the same duties of confidentiality as a qualified person would be.

However you can use this to your advantage

Write a formal letter to your ex's solicitor along these lines.

" I refer to the filed statement of X

Whilst I am at a loss to understand the relevance of my mother's mishap with a rail ticket to this case since you clearly see one I require the following information

Please provide details of X's entitlement to call herself a legal Advocate and confirm that she will be available at the final hearing for Cross examination.

If I do not hear from you on this within the next 21 days I will have no option but to make an urgent applictaion to the court to ask the Court to make an order regrading the issue."

And if the deadline is missed - go for it

I hope that this is of assistance - please ask if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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