Solicitor performance

Gsea

Hi,

Currently going through the divorce process but an getting increasingly frustrated with my solicitor and thinking of finding another one. The divorce petition has been submitted and Form E's exchanged. Would another solicitor take on a client this far through the process?

TIA

gwynlas

You might be frustrated with the process but you have not said that solicitor at fault. In a small town I would think that they all know each other and would not be happy taking on somebody elses job.

Thrugelmir

Frustrated by what? 

Gsea

Thanks both,

The wife's solicitor has sent 3 letters to my solicitor, the first dated 14th April. I have not been informed of these letters, nor has the solicitor responded to them. The wife's solicitor has telephoned my solicitor but my solicitor was not available and did not return the call.
Additionally the wife has not received my response to her Form E declaration and my solicitor had this on the 12th April.

TIA

TBagpuss

Another solicitor could take it on, - have form E's ben exchanged voluntarily, or folowing issue of finacial proceedings? 
Solicitors may not be willing to take the file if there is a hearing comining up as thye may feel that they can't get fulliy up to speed quickly enough, this is however not likely to be an issue if the Forms E have been done on a voluntary basis. 

Have you spoken to your solicitor? Sometimes, especialyl in a larger firm, you can switch to a different individual withn the firm andthis can be less expensive than switching firms.

You are likelyto have tp pay any outstanding bill before they will release the file to a new solicitor, so even if you have decided to move, speak to them first, explain why, and check out and follow the complaints process - that way, if they have failed to deal with corresponence then the fact that you have raised it as a comapliant or expression of isatisfaction puts you in a stronger position if you want to query the final bill.

TBagpuss

Just to add- is there any chance that there has been a miscommunication between your wife and her solicitor, or her and you, and that they haven't written as often as they've said or that the letters are very recent? 

Gsea

Thanks Bagpuss,

Forms E were exchanged voluntarily. I tried to contact the solicitor this morning however they are on annual leave and the assistant is on leave today, however I will speak t the assistant tomorrow.

I have put together a formal letter of concern about not acting on the receipt of the correspondence, the qulity of some of their forms/letter writing and not sending me copies off all documents. I will of course speak to them and hear what they have to say and see what they plan to do going forward.

I understand I would have to settle the bill before anything could be released, what Im not sure about is how the current solicitor would receive my intention or even cause delay in the move..

My wife has sent me copies of the letters her solicitor sent and the dates match what she told me.

TIA

tightauldgit

Gsea said:

Hi,

Currently going through the divorce process but an getting increasingly frustrated with my solicitor and thinking of finding another one. The divorce petition has been submitted and Form E's exchanged. Would another solicitor take on a client this far through the process?

TIA

Short answer, yes. 

I changed my solicitor at pretty much this point in the process as I felt there was absolutely no urgency in moving things forward and I'm glad I did. 

On the other hand ex-wife's solicitors were hopeless and their incompetence led to a lot of unnecessary conflict throughout the process. 

If you don't have confidence in your solicitor then I would suggest that you find someone else ASAP. In my experience use a Family Law specialist as your average local solicitor just isn't on top of the specifics generally.

TBagpuss

Gsea said:

Thanks Bagpuss,

Forms E were exchanged voluntarily. I tried to contact the solicitor this morning however they are on annual leave and the assistant is on leave today, however I will speak t the assistant tomorrow.

I have put together a formal letter of concern about not acting on the receipt of the correspondence, the qulity of some of their forms/letter writing and not sending me copies off all documents. I will of course speak to them and hear what they have to say and see what they plan to do going forward.

I understand I would have to settle the bill before anything could be released, what Im not sure about is how the current solicitor would receive my intention or even cause delay in the move..

My wife has sent me copies of the letters her solicitor sent and the dates match what she told me.

TIA

Normally what you would do is instruct a new solicitor, they would write to the old one sending your signed authority and requesting the file.  So in a sense it doesn't much matter how the old solicitors take it. 

Worst case scenario, if they drag their feet then your new solicitor can contact your wife's solicitor and ask them to re-send the Forms E and financial documents which would give them most of what they are likely to need. 

The online protal doesn't deal very well with changes of solicitor so getting yor new solicitors onto that for the divorce itself may take longer but that would not prevent the new solicitors from dealing with the financial side of things, andfinacial proceedings are separate from divorce proceedings on the court online system, so that shouldn't create a problem if/when you or your wife wants to formally issue court proceedings or apply for a consnet order. 

All that said, it's generally worth raising your concers and giving them the opportunity to fix things before you move elsewhere - having a new solicitor is going to add to the costs as they will need to review eveything to get up to speed.

ironlady2022

Gsea said:

Hi,

Currently going through the divorce process but an getting increasingly frustrated with my solicitor and thinking of finding another one. The divorce petition has been submitted and Form E's exchanged. Would another solicitor take on a client this far through the process?

TIA

Yes they would.