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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11225
Experience:  Barrister 17 years experience
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I am in the process of divorce proceedings. It is

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HI,
I am in the process of divorce proceedings. It is complicated and my husband has created a situation where I can't free up any assets due to Judgements on his properties and business and a receiver being appointed. This will no doubt all dissappear a few months after the divorce. He has also changed the company ownership to his father & sister. I am being represented by legal aid due to my financial situation. Am I within my rights to ask for discovery from the legal aid board as he still leads a very affluent life from his cash business.
Kind regards,
Karen

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. Dear *****, you are more than within your rights to request the Legal Aid Board to seek discovery. You need to realise that as you are the client, you are the person who needs to be kept happy. So, don't let the staff in the legal aid Board make you feel small when you ask for something. I would also recommend you put in writing what you want, as this means the staff member cannot simply 'not remember' a conversation. When in writing it means that if there is a review of your file by someone else, they can see what you asked for. So, write and ask for discovery and set out the facts of your husband hiding his assets. This is most important as it means the legal aid Board solicitor has to work for you. This is key in getting the best out of the relationship.

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Customer: replied 3 months ago.
Thank you for your response Buachaill. I was told in court by my solicitor that she was, in fact, tired of working on my case and that the Legal Aid Board would not fund such a request. I have written an e-mail to both my solicitor and barrister with my request for a forensic Accountant to be appointed to the case as it is my only means of unravelling the mess my husband has created to get a settlement that will give me the means to pay my mortgage for myself and the children. My Barrister has also asked this of the legal aid board. Is discovery involving more than a forensic accountant? If so I need to send it in writing. I am being treated very badly and not represented properly even though my solicitor is the head solicitor. I do not wish to seen to be disrespectful in my dealings in case she refuses to bring my case further. I have said I am being treated like dirt and a criminal in my e-mail which is true
Customer: replied 3 months ago.
I did not direct this comment at my solicitor personally I said I was being treated like this within the judicial system as I was also made appear before a judge with no representation at one point as the legal aid board were means-testing me. In this case, I was not allowed speak I had no legal representation and my maintenance was more than halved by a judge that is well known in Ireland for doing this in the cases that come before her