Sue divorce solicitor

Savvy_Sue

One word of warning: your solicitor suggested accepting Scottish divorce as you would then get 50% of the assets. However, have you made a pessimistic calculation of what you might have received in an English divorce? How far apart are those numbers? 

GeordieGeorge

Would you definitely have received a larger settlement under English law? Yes, the pensions have increased, but are you certain that overall you’d have received more?

k3lvc

Personally I'm seeing a whole load of clutching at straws in this case - @Scottish_Dorset are you really prepared to gamble what you've got vs the risk of (significant) legal fees if you lose ? And all that without the support of legal expert on your side ? 

If it's all as clear-cut as you suggest then you (quickly) need to exhaust the complaints procedure to the highest level and see what both the contents and strength of the responses are before deciding your next steps

I certainly wouldn't be planning your future life based on receiving a big windfall out of this 

Scottish_Dorset

Savvy_Sue said:

One word of warning: your solicitor suggested accepting Scottish divorce as you would then get 50% of the assets. However, have you made a pessimistic calculation of what you might have received in an English divorce? How far apart are those numbers? 

GeordieGeorge said:

Would you definitely have received a larger settlement under English law? Yes, the pensions have increased, but are you certain that overall you’d have received more?

I think it would still be near the 50/50 mark.  The divorce and finances have been agreed under Scottish law.  Pretty close to 50/50.  When we separated back in 2011, the family home was sold and split 50/50 as was the current account and any savings.  The children of the family are all adults and live independently.  My ex was and is the high earner.

k3lvc said:

Personally I'm seeing a whole load of clutching at straws in this case - @Scottish_Dorset are you really prepared to gamble what you've got vs the risk of (significant) legal fees if you lose ? And all that without the support of legal expert on your side ? 

If it's all as clear-cut as you suggest then you (quickly) need to exhaust the complaints procedure to the highest level and see what both the contents and strength of the responses are before deciding your next steps

I certainly wouldn't be planning your future life based on receiving a big windfall out of this 

It is something I am considering.  I've also been looking at now win no fee options, they wouldn't take on the case if they didn't think there was a chance of success.  At this stage I am looking at all my options.  There is without doubt, a failure in my solicitor's duty and advice.  

Thank you for your help so far everyone, it is very much appreciated.

MobileSaver

Scottish_Dorset said:

I have a shortfall of at least £100k.  Can I sue them myself or do I need to take on another professional?

Scottish_Dorset said:

Savvy_Sue said:

One word of warning: your solicitor suggested accepting Scottish divorce as you would then get 50% of the assets.

I think it would still be near the 50/50 mark.  The divorce and finances have been agreed under Scottish law.  Pretty close to 50/50.

I'm a little confused here. In your opening post you said there was at least a £100k shortfall, now you seem to be saying you would have got the same whether under English or Scottish law. Am I missing something?

Scottish_Dorset

MobileSaver said:

Scottish_Dorset said:

I have a shortfall of at least £100k.  Can I sue them myself or do I need to take on another professional?

Scottish_Dorset said:

Savvy_Sue said:

One word of warning: your solicitor suggested accepting Scottish divorce as you would then get 50% of the assets.

I think it would still be near the 50/50 mark.  The divorce and finances have been agreed under Scottish law.  Pretty close to 50/50.

I'm a little confused here. In your opening post you said there was at least a £100k shortfall, now you seem to be saying you would have got the same whether under English or Scottish law. Am I missing something?

Hi @MobileSaver.  The split would probably be the same 50/50, the difference is the valuation between the two jurisdictions.  Scottish law values marital assets at the point of separation, English law looks at the valuation at the point of divorce.  There has been a significant increase in a pension in my ex's name, they only paid into it during our marriage.  My ex would have realised that, hence why they insisted in the divorce taking place in Scotland even though we are from England, got married in England, lived in England during our married life and all income and assets were accumulated in England.  The difference between these two valuations is at least £2-300K.  Unfortunately, I paid a partner of well known solicitor's firm to handle my divorce, but they did not check to see what the differences are between the jurisdictions and which one would be give me a fair share of our assets.

Rosiebow

My solicitor has given me bad advice, telling me to go to mediation constantly. But before me finding out what the executors have stolen from my Aunties Estate. Why would he want me to loose out. It is as if he is on the other's side. Just got rid of him, but have court hearing coming up next week, cant find new solicitor, all too busy to take on my case. But i know i will do much better than he would of..  Can't believe what he has put us through. He also stated that its sometimes better not to get all the info that you need for mediation ?  Think he is mad... Or have the other side bunged him some money, they have done it with other people.   Thanks for advice.

pphillips

Rosiebow said:

My solicitor has given me bad advice, telling me to go to mediation constantly. But before me finding out what the executors have stolen from my Aunties Estate. Why would he want me to loose out. It is as if he is on the other's side. Just got rid of him, but have court hearing coming up next week, cant find new solicitor, all too busy to take on my case. But i know i will do much better than he would of..  Can't believe what he has put us through. He also stated that its sometimes better not to get all the info that you need for mediation ?  Think he is mad... Or have the other side bunged him some money, they have done it with other people.   Thanks for advice.

To be honest, you sound like you're confused. It's not clear what instructions you gave to your solicitor and why you don't think he has your best interests at heart. What exactly do you expect him to do? It's not straightforward to get executors removed, especially when you probably don't have all the facts. Solicitors put their whole career on the line if they "work for the other side" or take back handers. Finally, you need to start your own post.

Scottish_Dorset

I feel my case is quite straight forward.  Looking for advice on the procedure.  I have already initiated the complaint which they not surprisingly have not agreed with.  They avoided the actual point of my complaint, choice of jurisdiction.  Not sure what to do next.  I have told them I will be responding in due course.  In the meantime I just need to work out what to do!

elsien

pphillips said:

Rosiebow said:

My solicitor has given me bad advice, telling me to go to mediation constantly. But before me finding out what the executors have stolen from my Aunties Estate. Why would he want me to loose out. It is as if he is on the other's side. Just got rid of him, but have court hearing coming up next week, cant find new solicitor, all too busy to take on my case. But i know i will do much better than he would of..  Can't believe what he has put us through. He also stated that its sometimes better not to get all the info that you need for mediation ?  Think he is mad... Or have the other side bunged him some money, they have done it with other people.   Thanks for advice.

To be honest, you sound like you're confused. It's not clear what instructions you gave to your solicitor and why you don't think he has your best interests at heart. What exactly do you expect him to do? It's not straightforward to get executors removed, especially when you probably don't have all the facts. Solicitors put their whole career on the line if they "work for the other side" or take back handers. Finally, you need to start your own post.

Rosiebow already has 3 threads running on the subject. 

Probably best if they stick to those rather than sidetracking other people’s threads.