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Thanks for your question. I am a solicitor in Scotland and can help you with your question today. Can you explain your situation a little more please?
Why was the complaint referred from the SLCC to the Law Society? Was there a conduct issue as opposed to a service issue?
Usually if there is a refusal to comply with disclosure court action would be raised and an order sought for recovery of documents. Can that not be done now by instructing a qualified family lawyer?
You could only freeze assets within the jurisdiction of the Scottish court. What should have happened was that a specification of documents could have been enrolled as part of a divorce action and a commissioner appointed to seek out the various assets. However without knowing the case I can’t really advise except insofar as making an assumption that the solicitor was negligent and that it is now too late to pursue your husband. To proceed with a claim for negligence you are essentially suing the solicitor for loss of an opportunity to obtain payment from the divorce. There is no quick way of doing it I’m afraid. A new solicitor has to intimate a claim, the solicitor has to report it to her insurers and they will investigate and either settle or contest the claim. If they contest you will need to raise proceedings. That will be dealt with by the court. Not the law society. If you qualify financially for legal aid, the complexity of an issue is not a consideration if the legal aid board is persuaded that it is reasonable to grant legal aid. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.
It is not correct that solicitors close ranks in negligence cases but they will not take on cases that they do not consider have prospects of success. You could try Allan McDougall in Edinburgh or Harper Macleod in Glasgow. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.