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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10100
Experience:  30 years as a practising solicitor.
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I am trying to get in touch with ***** *****, Inverness,

Customer Question

I am trying to get in touch with ***** *****, Inverness, retired solicitor. I would like to speak to an ex judge about my case. I have being going though a 9 year divorce, I started paying privately now I am on legal aid. Legal aid as you know does not reflect justice just what is cheaper to fight. I have an extremely good case and argument.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for contacting JustAnswer. I am a solicitor in Scotland.
What is your specific question?
Customer: replied 2 years ago.
Trying to explain but this system isn't working properly.
Expert:  JGM replied 2 years ago.
You can type in the narrative box as you did above.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Why can legal aid not act for me as per a private solicitor?
2006 divorce registered by myself privately. £10k bill outstanding Simpson and Marwick.
I had to transfer to legal aid around 2008/2009 when I returned to Inverness. We have two children. I am advised it is not safe for myself and our two children to live in matrimonial home so we continue to rent.
Legal aid only seem interested in easiest solution and most cost effective to get divorce rather than resolve an acrimonious divorce. Divorce has involved 'forging' of my signature for PPI, not being able to live in matrimonial home, not providing proper bank statements as in blanking out information of earnings etc.
Expert:  JGM replied 2 years ago.
There is no reason why the right legal aid solicitor shouldn't give you the same service as a private solicitor. The service standards laid down by the legal aid board insist that is the case. However the truth of the matter is that the legal aid rates paid for litigation matters averages out at a rate for which no solicitor can provide a decent service. The current rates are such that a loss is made by solicitor who do legal aid work.
However, you are still entitled to a professional service and you might want to consider changing solicitor if you think that your solicitor is seeking an easy option rather than seeking to resolve the case properly.
In the first instance seek a review meeting with your solicitor to lay out your concerns. It may be that your spouse is the main cause of the difficulties.
As regardsrodiction of bank statements and any other documents, these can be specifically ordered by the sheriff by way of a specification of documents. Again your solicitor has to be quite strong here. If that isn't happening get another solicitor to give you an initial meeting and consider changing.
Customer: replied 2 years ago.
I went onto legal aid around 2008/2009 as ***** *****, Simpson and Marwick edinburgh could not support me legal aid. I still owe the company £10k and he has been extremely supportive in this regard. I was put to Innes and mackay, Inverness, privately initially, but then when I had to go onto legal aid they just wanted to sort the case, no children arrangements of real concern. I thought I had submitted a cry kind letter, carefully worded, explaining how disappointed I was they did not put the children first and come to a resolution. They decided not to act for me on this basis as trust had gone, they said. Civil legal assistance put me to MacLeods WS in Inverness, who mainly deal with crofting law. After a year and a half they formally wrote to say they could not act for me as it was not financially viable on legal aid. slab know all about this. Civil legal assistance them put me on to hamilton burns who were extending their offices to Inverness. I met with the solicitor on 4 August. Despite phone calls to Glasgow (as she had no secretary despite the company making out she had but the receptionist in Glasgow told me there was no secretary, and she was not email communicative as there was a problem. I found out three weeks ago aeventially, that she had left the company and over the last couple of days found out through Slab and civil legal assistance that they had not even transferred my case to them from my previous lawyer. Hamilton burns told me they had written to my ex husband solicitors advising they were acting for me, but I got a letter today from them advising that they are taking me to court to reactivate the Sist. But wrote to MacLeods not hamilton burns. What do I do please?
Expert:  JGM replied 2 years ago.
What you do is contact the Law Socirty of Scotland first thing tomorrow. You ask them to give you a solicitor in Inverness who can do legal aid matrimonial work properly. You have clearly been let down by two solicitors so far and I am sorry about that.
You need to do that immediately so that you can deal with the current application to recall the sist.
You can get contact details, Find A Solicitor tool and telephone number for the Law Society at www.lawscot.org.uk
Customer: replied 2 years ago.
I have been in contual contact with Scottish legal aid board, in fact, Anne marie Douglas of cown law Douglas strongly told me over two weeks ago to make a complaint to Catriona White at Slab. I have made two follow up calls and she had not called me back, and I explained reasons in detail for my call. My case is not difficult, just acrimonious in terms of with holding of informations and not committing to seeing the children. I have tried every single avenue I can think of. i do not know who to ask to act for me now, I am sure u understand. My options are hamilton burns who to me haven't got a clue, or the civil legal assistance office, who will probably just get the easiest and quickest result also, for them. Do you understand now why I am so frustrated?
Expert:  JGM replied 2 years ago.
Perhaps you could call the senior partner of Hamilton Burns in Glasgow and explain your concerns. It's either that or you contact the law society and change solicitors. Making a complaint to SLAB won't help your case, frankly.
Those are your two options.
Customer: replied 2 years ago.
You have not helped me. I'm sorry ...... What are the reasons for me having to contact Hamilton Burns, again. I simply need to speak with an ex judge who can give me sound advice. Proper advice. Nobody thinks 9 years, how have those children suffered. I have always wanted their dad to see them but he never commits despite letters of offers, even not letting him see them which I don't agree with.
If whomever takes on this case, can I insist that my ex husband provides bank statements not blanked out for salaries etc., and for how many years?
To me, that is the only saving grace as he earns £90k plus a year, and if he has money saved and we struggle with no house, perhaps I can get something to pay my debts at least. Trouble is he works offshore and nobody can get hold of his earnings as dealt with in Abu dhabi. We own two ex military aircraft together. We started a company called higland aviation museum. We have a 99 year lease for the site, is that not matrimonial asset?
Expert:  JGM replied 2 years ago.
Sorry you are approaching this the wrong way. Ex judges don't give legal advice. I am opting out but suggest you take my advice and get a solicitor that you can trust to take this forward. I am sorry bit I am not prepared to take this further.
Customer: replied 2 years ago.
I'm sorry for being emotional. I hope you understand my frustrations.
Thank you very much for your help. Simply, my experience has been that there is no solicitor you can trust unless you pay privately which Unfortunately I cannot do at the moment. I'm sorry I didn't mean to come over rude.
Thank you!

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