Negligent legal advice cost me my home in divorce

FBaby

I don't necessarily want to sue the first solicitor, but I do want to complain. She's really messed things up for me with her advice.

She didn't mess anything up, you did. Trying to blame the decisions you made on someone who would only have provided advice in ½ hour is ridiculous. You made the decision not to seek proper legal advice and that’s the price you paid for it. Even if you had, they couldn’t have guaranteed that you would have got what you wanted. I just don’t get why you are trying to displace the blame.

When I separated from my ex, I sought legal advice from a free service available through my job. What I was told was that if my case went to court, a judge would probably order for the sale of the house because even though I had residency of 2 children under the age of 4, I had a decent job and reasonable income, and therefore a judge would deliberate that I was in a financial position to buy another property, although that would have meant a small property/flat in a much less desirable area, if lucky. I was left in tears after this discussion (which was longer than ½ hour) so decided to see someone else. Amazingly, they told me the absolute exact opposite, that I should go for everything, that he would have no chance because of the children etc… In the end, we came to an arrangement between the two of us so I never got the chance to know who was right but I expect it could have gone either way, or somewhere in the middle.

Where you stand is that of course you could challenge and I’m sure you could found a solicitor to do so, but you need to make sure you don’t make the same mistake, ie. to totally trust what one eager solicitor will tell you and risking throwing a lot of money into the legal battle, to end up with either nothing… or some of the equity, but that amount will end up all swallowed up in their fees.

The one element that might really go in your favour is your statement that it was your family home. Do you mean that your parents sold it to you/husband? Was it when you were still partners rather than married? If so what were the arrangement and do you have any legal papers relating to this transfer that would indicate that it was for your benefit primarily? Did you not challenge him at the time about not having your name on deeds/discussed a deed of trust?

Valli

I often advise posters on here to use the free half hour initial interview system, but to use the opportunity to ask a range of pre-written questions of a few solicitors as it gives an overview of the likely outcome and to establish whether the poster feels he/she can work with that solicitor.

I would never advise acting on the outcome of one solicitors half hour interview with no further legal guidance!

I would be surprised if the solicitor was found to have mislead on the basis of advice/opinion given in an 'initial consultation' if no further work was done by that solicitor.

Had you contracted a solicitor that solicitor would have fought for the best outcome for you.

Pollycat

BeingMe wrote: »

Also, yes, they are his children. Aged 7&5 currently.

I may have missed this information but - who do the children live with currently?

BeingMe

FBaby, she presented herself as a family law solicitor. Whether I saw her for half an hour or 10, I was entitled to trust her advice. I am not a expert in family law so I have no knowledge basis with which to challenge her advice. She didn't just give an opinion or likely outcome - she categorically told me the marriage would've treated as short by the courts and I was therefore not entitled to anything. It has been said on here, and by 6 other lawyers, one being a barrister (I've posted about this elsewhere) that as there were children, the cohabitation period counts and it is therefore a long marriage making the first solicitors advice negligent.

I feel entitled to be upset and angry about this negligent advice imo. Do you always shop around for opinions when dealing with professionals? I let my mechanic replace my brakes because I know nothing about cars. Should I have them checked by another mechanic to be sure? Should I blame myself if I'm injured in a car accident where the incorrectly brakes fail because I didn't seek another mechanics opinion? Or would I seek redress from the negligent mechanic? Or if my boiler kills all my family due to a carbon monoxide leak should I not blame the professional plumber who recently passed it as safe missing the leak? It's absolutely absurd to say that I should not be able to rely on advice from a so called professional. I've actually found the first solicitor and contrary to her being a NQ she's actually been practising for 6 years by the time I sought her advice.

I followed her advice because it was cut and dried. She actually told me I had no other option than to move out and divorce on the basis of keeping our own debts only. There were no maybes or possibilities for me to consider. I had a laypersons knowledge of what a short marriage meant and so I proceeded on that basis trying to secure myself the best circumstances in light of that. If there was no property to pursue, then I didn't want to waste money on solicitors and court fees more than necessary. If I had been told that my marriage counted as long then I would have behaved totally differently and instructed a solicitor. And whilst nobody can predict what I would have been awarded hadi been advised correctly, it would she been a lot more than I got (absolutely nothing). We still may have had to sell the house but crucially, it would have been fairer. Do you know how gaulling it is to see your abusers sitting happy in your childhood home while you're stuck in a tiny private rental miles from the kids school when you do everything for them? My ex benefitted massively from being with me. He is earning what he earns now partly because of me.

There was other property involved, pensions, savings etc. To be honest, I don't even care about those things even though they are assets of the marriage. My solicitor had told me I can go for up to 50% of the equity in the house but I won't be doing that. I just want a lump sum which he can raise against the very large equity to put a deposit down on my own home. The bottom line is, her advice led me to act in a way which is prejudicial to mine and my children's circumstances. Whilst I may still have a valid claim, I'm also very vulnerable because I should have been advised to take certain steps before we divorced. If I still have a valid claim, that's as much to do with luck than anything else.

Yes, the children live with me, I do everything for them. Whilst he does have them overnight, there are some concerns about neglect which is why I contacted the new solicitor.

Pollycat

BeingMe wrote: »

FBaby, she presented herself as a family law solicitor. Whether I saw her for half an hour or 10, I was entitled to trust her advice. I am not a expert in family law so I have no knowledge basis with which to challenge her advice. She didn't just give an opinion or likely outcome - she categorically told me the marriage would've treated as short by the courts and I was therefore not entitled to anything. It has been said on here, and by 6 other lawyers, one being a barrister (I've posted about this elsewhere) that as there were children, the cohabitation period counts and it is therefore a long marriage making the first solicitors advice negligent.

I feel entitled to be upset and angry about this negligent advice imo. Do you always shop around for opinions when dealing with professionals? I let my mechanic replace my brakes because I know nothing about cars. Should I have them checked by another mechanic to be sure? Should I blame myself if I'm injured in a car accident where the incorrectly brakes fail because I didn't seek another mechanics opinion? Or would I seek redress from the negligent mechanic? Or if my boiler kills all my family due to a carbon monoxide leak should I not blame the professional plumber who recently passed it as safe missing the leak? It's absolutely absurd to say that I should not be able to rely on advice from a so called professional. I've actually found the first solicitor and contrary to her being a NQ she's actually been practising for 6 years by the time I sought her advice.

I followed her advice because it was cut and dried. She actually told me I had no other option than to move out and divorce on the basis of keeping our own debts only. There were no maybes or possibilities for me to consider. I had a laypersons knowledge of what a short marriage meant and so I proceeded on that basis trying to secure myself the best circumstances in light of that. If there was no property to pursue, then I didn't want to waste money on solicitors and court fees more than necessary. If I had been told that my marriage counted as long then I would have behaved totally differently and instructed a solicitor. And whilst nobody can predict what I would have been awarded hadi been advised correctly, it would she been a lot more than I got (absolutely nothing). We still may have had to sell the house but crucially, it would have been fairer. Do you know how gaulling it is to see your abusers sitting happy in your childhood home while you're stuck in a tiny private rental miles from the kids school when you do everything for them? My ex benefitted massively from being with me. He is earning what he earns now partly because of me.

There was other property involved, pensions, savings etc. To be honest, I don't even care about those things even though they are assets of the marriage. My solicitor had told me I can go for up to 50% of the equity in the house but I won't be doing that. I just want a lump sum which he can raise against the very large equity to put a deposit down on my own home. The bottom line is, her advice led me to act in a way which is prejudicial to mine and my children's circumstances. Whilst I may still have a valid claim, I'm also very vulnerable because I should have been advised to take certain steps before we divorced. If I still have a valid claim, that's as much to do with luck than anything else.

Yes, the children live with me, I do everything for them. Whilst he does have them overnight, there are some concerns about neglect which is why I contacted the new solicitor.

I'm not disputing your version of what the solicitor told you but I'm truly gobsmacked that she would advise you to move out of a large house that you part owned with a substantial amount of equity in it with your 2 children.

Guest101

BeingMe wrote: »

FBaby, she presented herself as a family law solicitor. Whether I saw her for half an hour or 10, I was entitled to trust her advice. I am not a expert in family law so I have no knowledge basis with which to challenge her advice. She didn't just give an opinion or likely outcome - she categorically told me the marriage would've treated as short by the courts and I was therefore not entitled to anything. It has been said on here, and by 6 other lawyers, one being a barrister (I've posted about this elsewhere) that as there were children, the cohabitation period counts and it is therefore a long marriage making the first solicitors advice negligent.

I feel entitled to be upset and angry about this negligent advice imo. Do you always shop around for opinions when dealing with professionals? I let my mechanic replace my brakes because I know nothing about cars. Should I have them checked by another mechanic to be sure? Should I blame myself if I'm injured in a car accident where the incorrectly brakes fail because I didn't seek another mechanics opinion? Or would I seek redress from the negligent mechanic? Or if my boiler kills all my family due to a carbon monoxide leak should I not blame the professional plumber who recently passed it as safe missing the leak? It's absolutely absurd to say that I should not be able to rely on advice from a so called professional. I've actually found the first solicitor and contrary to her being a NQ she's actually been practising for 6 years by the time I sought her advice.

I followed her advice because it was cut and dried. She actually told me I had no other option than to move out and divorce on the basis of keeping our own debts only. There were no maybes or possibilities for me to consider. I had a laypersons knowledge of what a short marriage meant and so I proceeded on that basis trying to secure myself the best circumstances in light of that. If there was no property to pursue, then I didn't want to waste money on solicitors and court fees more than necessary. If I had been told that my marriage counted as long then I would have behaved totally differently and instructed a solicitor. And whilst nobody can predict what I would have been awarded hadi been advised correctly, it would she been a lot more than I got (absolutely nothing). We still may have had to sell the house but crucially, it would have been fairer. Do you know how gaulling it is to see your abusers sitting happy in your childhood home while you're stuck in a tiny private rental miles from the kids school when you do everything for them? My ex benefitted massively from being with me. He is earning what he earns now partly because of me.

There was other property involved, pensions, savings etc. To be honest, I don't even care about those things even though they are assets of the marriage. My solicitor had told me I can go for up to 50% of the equity in the house but I won't be doing that. I just want a lump sum which he can raise against the very large equity to put a deposit down on my own home. The bottom line is, her advice led me to act in a way which is prejudicial to mine and my children's circumstances. Whilst I may still have a valid claim, I'm also very vulnerable because I should have been advised to take certain steps before we divorced. If I still have a valid claim, that's as much to do with luck than anything else.

Yes, the children live with me, I do everything for them. Whilst he does have them overnight, there are some concerns about neglect which is why I contacted the new solicitor.

"There are concerns about neglect"


OR


"I have concerns about neglect"


?

Pollycat

BeingMe wrote: »

FBaby, she presented herself as a family law solicitor. Whether I saw her for half an hour or 10, I was entitled to trust her advice. I am not a expert in family law so I have no knowledge basis with which to challenge her advice. She didn't just give an opinion or likely outcome - she categorically told me the marriage would've treated as short by the courts and I was therefore not entitled to anything. It has been said on here, and by 6 other lawyers, one being a barrister (I've posted about this elsewhere) that as there were children, the cohabitation period counts and it is therefore a long marriage making the first solicitors advice negligent.

I feel entitled to be upset and angry about this negligent advice imo. Do you always shop around for opinions when dealing with professionals? I let my mechanic replace my brakes because I know nothing about cars. Should I have them checked by another mechanic to be sure? Should I blame myself if I'm injured in a car accident where the incorrectly brakes fail because I didn't seek another mechanics opinion? Or would I seek redress from the negligent mechanic? Or if my boiler kills all my family due to a carbon monoxide leak should I not blame the professional plumber who recently passed it as safe missing the leak? It's absolutely absurd to say that I should not be able to rely on advice from a so called professional. I've actually found the first solicitor and contrary to her being a NQ she's actually been practising for 6 years by the time I sought her advice.

I followed her advice because it was cut and dried. She actually told me I had no other option than to move out and divorce on the basis of keeping our own debts only. There were no maybes or possibilities for me to consider. I had a laypersons knowledge of what a short marriage meant and so I proceeded on that basis trying to secure myself the best circumstances in light of that. If there was no property to pursue, then I didn't want to waste money on solicitors and court fees more than necessary. If I had been told that my marriage counted as long then I would have behaved totally differently and instructed a solicitor. And whilst nobody can predict what I would have been awarded hadi been advised correctly, it would she been a lot more than I got (absolutely nothing). We still may have had to sell the house but crucially, it would have been fairer. Do you know how gaulling it is to see your abusers sitting happy in your childhood home while you're stuck in a tiny private rental miles from the kids school when you do everything for them? My ex benefitted massively from being with me. He is earning what he earns now partly because of me.

There was other property involved, pensions, savings etc. To be honest, I don't even care about those things even though they are assets of the marriage. My solicitor had told me I can go for up to 50% of the equity in the house but I won't be doing that. I just want a lump sum which he can raise against the very large equity to put a deposit down on my own home. The bottom line is, her advice led me to act in a way which is prejudicial to mine and my children's circumstances. Whilst I may still have a valid claim, I'm also very vulnerable because I should have been advised to take certain steps before we divorced. If I still have a valid claim, that's as much to do with luck than anything else.

Yes, the children live with me, I do everything for them. Whilst he does have them overnight, there are some concerns about neglect which is why I contacted the new solicitor.

Bits in bold:
Personally, I think you owe it to yourself and your children to secure a fair settlement.

BeingMe

Guest, I have concerns, so do professionals. To be honest, it's obvious stuff. He doesn't even have a toothbrush for them at his house. I won't be discussing that here though.

Pollycat, I honestly felt like I'd been punched in the stomach when the new solicitor told me I was advised incorrectly. I just couldn't believe it. My name is not actually on the deeds but it doesn't matter apparently, it was an asset of the marriage. Yes, moving out straight away was probably one of the most damaging things I did. I unnecessarily gave up my home rights. Even if she had thought it was best I move out, I should have been advised to register these first. There was no mention of doing that at all. I just keep thinking back to all those years where I really felt the unfairness (struggling to pay rent and buy food while he was swanning off on holiday with his ow) and it angers me that it was all so unnecessary.

BeingMe

X-posted Pollycat. I'll admit this thread has been difficult because he conditioned me for so long with his abuse that I'm nervous about taking any action against him, and some of the comments here have reinforced this niggle that tells me I shouldn't rock the boat. But I know things would have been different if I'd been advised correctly first time. Some of the actions I've taken have definitely prejudiced my position and as I mentioned before, I'm in a vulnerable position currently. For these reasons, I will probably only be able to go after a lump sum. I'm debating how much to aim for to make it fair but which also represents my contribution to the marriage and secured my children's future.

Pollycat

BeingMe wrote: »

X-posted Pollycat. I'll admit this thread has been difficult because he conditioned me for so long with his abuse that I'm nervous about taking any action against him, and some of the comments here have reinforced this niggle that tells me I shouldn't rock the boat. But I know things would have been different if I'd been advised correctly first time. Some of the actions I've taken have definitely prejudiced my position and as I mentioned before, I'm in a vulnerable position currently. For these reasons, I will probably only be able to go after a lump sum. I'm debating how much to aim for to make it fair but which also represents my contribution to the marriage and secured my children's future.

I hope you manage to get a reasonable settlement.

I feel for you because I've helped a couple of friends with problems by attending solicitor appointments, one a marriage split and the other a bit of trouble wih the boys in blue and even as a layman, some of the so-called legal advice has been pretty poor.

On the marriage split, I'd done a fair bit of research online and was able to query some of the things the solicitor said.
My friend was getting legal aid and I think her solicitor just wanted to get the file out of her in-tray.