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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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HiI want to sue my lawyer because I believe he gave me

Customer Question

hi
I want to sue my lawyer because I believe he gave me wrong legal advice in preparing my consent order 8 years ago. My consent order of divorce settlement stated that my ex partner will pay me certain amount within 3 months. My lawyer failed to inform me that it's better to add to the consent order that I will get either share of his house or my monies will be retrieved from selling the house in case he fail to pay me.
This led to me seeking enforcement proceedings and had to fight in the court for long 4 years to recover my monies. I spend £5-7K in lawyer's cost.
I want to claim this cost plus compensation back from this lawyer.
can you please help?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.When did you start the enforcement action - and why did it take so long?Clare
Customer: replied 1 year ago.

I started the enforcement action in Oct 2008, and I got the order of sale on my ex partner's house 2 years later. The house couldn't be sold for 1.5 years due to not finding a buyer. I received all my monies towards the end of 2014 and spent about £7k in legal cost.

This was handled by a different lawyer. The first lawyer had prepared the divorce settlement consent order. She was a junior lawyer and failed to give me correct legal advice which led to me waiting 4 years for all my monies be paid.

Expert:  Clare replied 1 year ago.
Hi
Why did it take two years to obtain the Order?
Clare
Customer: replied 1 year ago.

From Oct 2008 to April 2009 - interim charging order and final charging order.

From August 2009 to August 2010 - Order of sale in High court

Reasons for delay - multiple court dates got cancelled as my ex partner would lie about his health or job loss to postpone court dates.

But, my complain is with the lawyer who should have told me while preparing my consent order to seek rights on the matrimonial home in case money is not paid within the expected time period.

they didn't give any such advice and I didn't know that I would have to seek enforcement by getting sale order.

Expert:  Clare replied 1 year ago.
Hi
Just to check - the property was in his sole name?
Who suggested the Charging Order route?
Clare
Customer: replied 1 year ago.

yes property was in his sole name. consent order stated he will pay me lump sum amount within 3 months. That's all.

the law firm informed me about various routes such as attachment of earnings and charging order. Since my ex partner was self employed, the lawyer advised the charging order route.

Expert:  Clare replied 1 year ago.
Did they not suggest an immediate return to the Family court for an order for sale?
Customer: replied 1 year ago.

Never..this is the first time I am hearing that as a possibility!!

Customer: replied 1 year ago.

consent order had stated that it's clean break and i will have no rights on any of my ex partners assets.

Expert:  Clare replied 1 year ago.
Hi
Yes but that only counted once the payment had been made.
Given his failure to pay the way forward was to go straight back to the Court to enforce it by way of the sale of the property - no charging orders or orders for sale required
If a lump sum agreement has been made it would not be usual to have an Order for Sale as well based ONLY on what you have said then there was no negligence.
You will note i have worded that carefully - and that is because without seeing the file I cannot be certain. On the face of it there was nothing wrong with the Order - but the failure to follow through does cause me concern and it is entirely possible that in fact there were errors
However you may be out of time to make a claim given the fact that the problems started so soon after the Order was made
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Expert:  dianne-cssm replied 1 year ago.
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