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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33313
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can a defence lawyer ask the lagal aid board to stop the prosuers

Customer Question

Can a defence lawyer ask the lagal aid board to stop the prosuers funding in the middle of an ongoing court action? Is there any proffesional misconduct? Is this action ethical?.
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Is this criminal or civil legal aid? What reason was given for withdrawing legal aid?
Customer: replied 2 years ago.

It is a civil case relating to child residince, she had written to the board to consider pulling my funding, the board has contacted my lawyer to respond to it and he has.

I have gave my evidance and have been crossed examined and Her client (my ex wife) is due to give evidance in a few weeks.

Expert:  Alice H replied 2 years ago.
OK. I'm sorry but family law is not my area so I will opt out and another expert will help you soon.
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.
On what basis do they believe that you are no longer entitled to Legal Funding?
Clare
Customer: replied 2 years ago.

Hi Claire,

Legal aid board has not yet pulled the funding away from me, they have asked my lawyer to responed to the defence lawyers letter for the funding to be stopped.

The defence lawyer is under the impression that the judge will not very the current arangement that is in place....ie me having 3 kids and my ex having 1.

I have gave my evidence and my ex is due to give hers on the 18/12/14,

Am sure the judge would like to hear all evidance before he makes his ruling, such as.....why did my ex accuse me of murdering my childern the leaving them in my care for 2years, and then claim am a wonderful father etc etc etc.

My ex has with held the younest child from me and the rest of the kids, i aam seeking full residency order, but for the interm the judge stated thathe will not very the condition till he hears the full evidence.

Question?...can the defence lawyer act like this without contacting my lawyer?, is this ethical or professional?

Thanks

Amirud.

Expert:  Clare replied 2 years ago.
Hi
On what basis have they said that you are no longer entitled to the funding (this is relevant I am afraid)
Clare
Customer: replied 2 years ago.

Ive not had a response from the legal aid board yet. My lawyer had to responed why it shold remain inforce, they have given them till tye 8th to reply why they should keep paying and wither or not to stop the funding.

Expert:  Clare replied 2 years ago.
Hi
Yes but what have the solicitors said about why it should be revoked - what do they say has changed?
Clare
Customer: replied 2 years ago.

They said that the judge is not prepared to change anything. And its no point in funding this to its inevitable.

Expert:  Clare replied 2 years ago.
Hi
Ah I see
Has there been a negative CAFCASS report
Clare
Customer: replied 2 years ago.

No.

Expert:  Clare replied 2 years ago.
Hi
So there have been no reports where an expert has expressed an opinion which is not in your favour; and no lawyer acting for YOU has provided you with a written opinion stating that your case has no chance of success?
Clare
Customer: replied 2 years ago.

No

Expert:  Clare replied 2 years ago.
Hi
In that case whilst your ex's solicitor IS entitled to challenge the continuation of you r funding I can so no proper basis on which they could do so
So yes it is technically ethical BUT i think they have stretched it to it's limit - it is for the Judge to hear the evidence and make the decision
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Claire, can you please give me the further details.

Thanks.

Amirud

Expert:  Clare replied 2 years ago.
Hi
What further details would you like to know?
Clare
Customer: replied 2 years ago.

Sorry forgot to ask...... do i have enough reason to make a complaint against my exs lawyer to the law society?

Expert:  Clare replied 2 years ago.
Hi
No I am afraid not
Clare

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