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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My solicitor didn't action an element of a court last July.

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My solicitor didn't action an element of a court last July. I found out in December. My ex-husband is now refusing to cooperate to complete it. We go back to Court in May. Am I liable for the delay? I want to get rid of my lawyer who has been a nightmare but want to be sure of the consquences
Hi, thank you for your question. Please could you explain the situation a bit more? What are the proceedings and what directions were not complied with?
Customer: replied 2 years ago.
Family court - 5 years long - The Court Order specified that my solicitor and my ex-husband agreed the wording to a letter to his GP, authorising him to provide me with regular reports as to my ex-husband's mental health (safety concerns for my son) and to notify me of any changes in behaviour/medication that may impact his safety. It was supposed to be actioned last July, in readiness for us to go to Court again this January for review. She didn't do anything. I found out purely by chance when I queried in December what actions would be required for our January appearance, and requesting it be postponed as my ex couldn't comply with some of the terms for review (he was in agreement). The delay in actioning has meant that it is now out of context for my ex, who I believe would have complied with the letter last July but he now won't agree the wording.I have lost all faith in my lawyer after a year of poor communication etc. I've escalated to the senior partner and he has cited an excessive workload and supports my lawyer. He won't take over my case, despite being my original lawyer (he went on holiday). I want to know that if I get rid of her, and then wait until we go back to Court in May to have the issue of the letter dealt with, I won't be liable for fines etc for non-compliance.
Thanks for the further information. You will have a right to complain about this to the firm that is representing you. They will have an internal complaints procedure which you will need to exhaust and if this does not settle your complaint you can pursue a complaint to the Legal Ombudsman. The firm should have provided you with a client care letter which outlines this. If there was a direction for a letter of instruction to be agreed and submitted by July 2015, which has not been sent, then there has been a non-compliance with the court order and the court needs to be made aware of this and requested to make any alternative directions. If your ex-husband is refusing to agree to the letter of instruction you can enclose this with the letter to the court and request for the judge to approve this for submission to the GP. Non-compliance with court directions will lead to a delay in proceedings and the court will need to find out the reasons why there has been non-compliance and the court does have the power to make costs orders against any party for delaying proceedings. Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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