Negligent legal advice cost me my home in divorce

BeingMe

Valli, just to be clear I appreciate all input it some posters seem to be forcing the point home that I am wholly to blame for this situation. I am also considering the case with respect to contact as a separate issue. I didn't ever think I could claim anything from the solicitor but I do think her firm should be made aware. I know she took notes and used a dictaphone to record our meeting so possibly there's a note of her advice.

That's my point Rachel. I realise now that telling me I had no option but to move out and that actually it was in my best interests to do so was categorically the wrong advice. I wouldn't ever have done a DIY divorce if I'd been told the correct thing. The diy divorce was as a direct result of her advice as I thought I was saving myself money by doing so. Actually I was preventing myself from getting what was fair which potentially could have been 2/3 of the assets at the time.

Ziggazee

Tbh I'd be inclined to leave it and move on.


The original solicitor did not cost you your home. There is the possibility they could have done, but as many people have advised no outcome would have been certain. Neither you, the original solicitor, the new solicitor or the man on the moon could have told you what the outcome was.


Secondly, there appears to be no evidence whatsoever that the original solicitor gave you the advice you now allege they did. You have a half hour interview, were probably feeling emotional and angry and may not have fully understood what they were saying. Why did you not go back for proper advice? You can't blame someone else for your actions as you failed to obtain correct advice.


I appreciate your new solicitor is revving you up and telling you you have a claim......but they cannot possibly know this based on simply what you are telling them.


Let sleeping dogs lie

BeingMe

Valli wrote: »

. I doubt it was even phrased as advice, just as opinion.

Even now you appear to be looking for a cheap solution. There probably isn't one. You need a family law specialist to help you sort this.

This is what is annoying me - you doubt it was phrased as advice? Her exact words were, 'the best you could hope for is a clean break where you each take your own debts. Your only option is to move out the start divorce proceedings once you've been married a year'. She phrased it like I had absolutely no other options available to me. It might be hard to believe that a solicitor would speak like this, I didn't think a solicitor would say these things either unless they were certain it was the only option. That is why I followed her advice with such confidence.

Cheap solution? All the solicitors I'm seeing for the initial consultation charge upwards of £200 just to be registered as a client. The reason I posted was because the contract complicated matters and I wanted to know before I paid to instruct a solicitor whether it would prevent my entire claim. I now have that answer so will be proceeding.

Valli

I don't think anyone has said you're wholly to blame.
What matters now though is whether you can now pursue your ex for a more beneficial settlement or whether you have effectively signed away all future possible claims.
I don't, for one minute, imagine you will be able to claim negligence after following what appears to have been incorrect guidance ,obtained in a free session.

You were talking of going to Wikivorce, you're asking on here hence my suggestion you're still looking for a cheap solution.

Pollycat

Ziggazee wrote: »

Tbh I'd be inclined to leave it and move on.


The original solicitor did not cost you your home. There is the possibility they could have done, but as many people have advised no outcome would have been certain. Neither you, the original solicitor, the new solicitor or the man on the moon could have told you what the outcome was.


Secondly, there appears to be no evidence whatsoever that the original solicitor gave you the advice you now allege they did. You have a half hour interview, were probably feeling emotional and angry and may not have fully understood what they were saying. Why did you not go back for proper advice? You can't blame someone else for your actions as you failed to obtain correct advice.


I appreciate your new solicitor is revving you up and telling you you have a claim......but they cannot possibly know this based on simply what you are telling them.


Let sleeping dogs lie

Do you really mean the OP should forget that her ex is living in a large house that was her childhood home?

Or just forget the poor advice from the first solicitor?

BeingMe

Ziggazee, I will refer you to my answer above regarding the advice. And not just my solicitor, several solicitors most of whom have no financial benefit in advising me (from charitable associations) are telling me I have a case. This would absolutely have been the action I would have taken at the time if I'd been advised correctly. I wonder if you advise all people leaving an abusive marriage with children that they shouldn't pursue their spouses for a fair proportion of the marital assets? I've only just been made aware of the correct situation. Why shouldn't I fight for my children's future?

Valli

BeingMe wrote: »

This is what is annoying me - you doubt it was phrased as advice? Her exact words were, 'the best you could hope for is a clean break where you each take your own debts. Your only option is to move out the start divorce proceedings once you've been married a year'. She phrased it like I had absolutely no other options available to me. It might be hard to believe that a solicitor would speak like this, I didn't think a solicitor would say these things either unless they were certain it was the only option. That is why I followed her advice with such confidence.

But it wasn't paid for advice. That's the issue. I doubt she even still has the interview notes.

Guest101

Pollycat wrote: »

Do you really mean the OP should forget that her ex is living in a large house that was her childhood home?

Or just forget the poor advice from the first solicitor?

Was, past tense.


Mr jones lives in my childhood home, but my parents sold it to them. Just like her parents sold it to her ex husband.


Whilst I think she does have a case, it's certainly not going to be won on emotional arguments like this.

BeingMe

But she was representing herself as a professional and operating as a professional when the advice was given. I think the fact that it was not charged for is neither here nor there when it comes to solicitor regulations.

I have the feeling people are advising me based on a compensation claim for negligence. That is not what I was asking about. Undoubtedly her negligent advice led me to behave in a way I wouldn't otherwise have done and I prejudiced my position by doing so.

Guest101

BeingMe wrote: »

Ziggazee, I will refer you to my answer above regarding the advice. And not just my solicitor, several solicitors most of whom have no financial benefit in advising me (from charitable associations) are telling me I have a case. This would absolutely have been the action I would have taken at the time if I'd been advised correctly. I wonder if you advise all people leaving an abusive marriage with children that they shouldn't pursue their spouses for a fair proportion of the marital assets? I've only just been made aware of the correct situation. Why shouldn't I fight for my children's future?

None of those people who are advising you are going to be subject to a law society wrap around the knuckles if they're wrong.


PAY for some advice.