Divorce/solicitors/payment

Lady_S

My OH is in the process of getting divorced, and we have started to realise his solicitor is crap. She doesn't reply to emails, and she is still sending letters to an address that he left months ago despite numerous requests to change it.

Can he change solicitors at this stage? How would we go about doing it?

Bossyboots

Yes he can change but there are some things to consider.

Firstly, how is he paying for his legal advice - privately or with legal aid?

Secondly, has he invoked the firm's complaints procedure or contacted the person responsible for overseeing the solicitor's work (there will always be someone and this person should have been notified in the client care letter received at the start of his case). I have had to go over my solicitor's head twice now for my PI claim and the company have now changed the fee earner themselves so it remains to be seen how I get on with her.

Thirdly, privately paying - a new solicitor in a different firm would have to read the file. Your OH will have to pay for that. He might be able to get a deduction on his bill from the current solicitors to cover this as he is changing because of poor service.

legal aid - if too many costs have accrued the Legal Services Commission may not allow a change over of solicitor as they are unwilling to pay the costs of a new solicitor reading the file.

To change solicitors, he simply needs to contact one of his choice and ask if they will take his case over.

The first step though really is to go over the current solicitor's head to try to get things resolved without changing firms. As I have found, unless someone else in the firm knows there is a problem, things will continue as they are.

Lady_S

Okay, just asked the OH and the solicitor didn't give him a care pack. He doesn't even know how much he is being charged :S

How would we find out who the solicitor in charge is?

He has had the pack to apply for legal aid, but we haven't returned it yet because he had to provide 3 months worth of wage packs and he had only just started a new job.

What do people suggest?

Bossyboots

The solicitors are in breach of their conduct rules. They HAVE to send a client care letter and they HAVE to send an estimate and the charging rates of the solicitor with conduct. The client care letter MUST also tell you who is responsible for handling complaints in the company and they must have a written complaints procedure to send to you on request.

They are in serious breach of the rules. He needs to contact the partner in charge of the office where the work is being conducted or the senior partner of the company. You could telephone the office and ask for the complaints handler. You may have to wing this bit until you actually get to speak to someone in authority but don't be fobbed off. (For you, read your OH as he will have to deal with this).

I have sent you a PM.