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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10411
Experience:  Barrister 17 years experience
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Hello. I was divorced 2 years ago (Mutual joint 2 year separation

Resolved Question:

Hello.
I was divorced 2 years ago (Mutual joint 2 year separation ) and since late last year, have been employing a solicitor to represent me with a financial dispute. we attended an FDH and talks broke down and then proceeded to an FDR last Friday. I have to date, paid my solicitor £ 23,000.00 pounds yet there still hasn't been anytime during that period, that he has said to me, that this is this and that is that in any positive manner in my favour.
My ex wife wants to remain in the family home worth 500 k ( no children involved ) which I believe is a straight forward , sell and split 50/50. It appears my solicitor isn't helping to end this and continues to invoice me for money. This might sound like an Ombudsman case, but just giving you a piece of background info. With that said, he now tells me that the case will proceed to a full hearing, costing me in excess of 20k. Please please advise if A/ this figure is correct, and B/ How at this stage can I change my solicitor and what is the procedure.
Kevin
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. I regret to say that your solicitor is treating you as a "cash cow" and taking excessive fees from. Essentially, it should not have cost 23k to date given the simplicity of the issues involved in the divorce. Nor should it cost another 20k to finalise the divorce given the agreement yourself and your wife have. Accordingly, I would advise you firstly, to get yourself another and cheaper solicitor immediately, and secondly, to make a complaint to the Legal Ombudsman concerning the extent and level of fees which you have been charged to date. Essentially, a client can change solicitor at any stage if he is not happy with the service being provided. This includes in family law proceedings such as divorce. The new solicitor will have to give the old solicitor an undertaking that his fees will be discharged to take up the legal case file. However, this does not prevent you making a complaint to the Legal OMbudsman about the fees you have already been charged or will be charged.

Buachaill :

2. You can also represent yourself at this stage if you so wish. The issues are not very complex so if you know the parameters of divorce, you can always represent yourself.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10411
Experience: Barrister 17 years experience
Buachaill and 3 other Law Specialists are ready to help you
Expert:  Clare replied 2 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.
How long were you living together, how much is outstanding on any mortgage, what other assets and debts are there including pensions and what income do you each have?
What is the charging rate of your chosen firm and have they sent you a Client Care letter.
What arguments is your ex using to claim that she should remain in the property?
At the FDR what was the guidance given by the Judge?
Clare

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