Free legal aid vs. paid solicitor

moretothegirl

Hi everyone, I recently posted here and had my message closed so I apologise for that firstly. I think I wrote it in a bit of a panic to be honest, so I do apoligise for that and I hope this post is okay.

Basically my mother needs to split from my father due to his alcoholism. She spoke to the local citizens info office recently and they have told her to come in 2 weeks from now. She is now considering the idea of paying and going to a solicitor this week instead to get things going more quickly.

I was just wondering if anyone here has any experience on this situation whether she would be just better off going to a solicitor or would she be just as good with the free service and would it be a waste of money to go to the solicitor. She doesn't have money to throw away (not that anyone really does) but at the same time she needs to be understood clearly and to get whatever she is entitled to so I guess I am just looking for some objective opinions on this matter.

Thanks again

pirelli

I suggest you contact flac Free legal aid first. They are a free service and you simply contact them by telephone for initial legal aid. I would consider at least people who are prepared to volunteer their time to help me. Solicitors also can also offer first consultations for free. You can also consult with solicitors through flac for free.
It shouldnt be a financial burden as well as an emotional one.

http://www.flac.ie/gethelp/legaladvicecentres.html


Regards

Pirelli

eagle_&_bear

Definately look at the FLAC system. they do offer a brilliant service and you should certainly talk to them.

On a practical side, getting a flac based solicitor can take some time (if, and i stress if, you parents are to formally seperate or divorce etc) so bare that in the back of your head.

It's obviously a very emotional time for you all so think about this in a cool headed manner.

Unless there were imminent issues (like domestice violence etc) at hand, the 2 week appointment is not terribly long - bare in mind, busy (but very good) solicitors' practices can have appointments 7+days away also.

If you want to private message you're welcome

queeniestar

A Legal Executive handling the conveyance of a property in Ireland insisted that I needed a divorce from my UK husband (estranged some 17 years) to be able to buy a house in Ireland.

This is despite the bank (mortgage provider) accepting a Letter of Confirmation from me renouncing any interest in the property (but keeping me on the mortgage but not the title deeds). My partner is working and pays for everything. I have no job, no savings and live off my partner but do have one asset - a house in UK belonging to estranged husband and myself. My share is worth about 90k sterling.

She still insisted I needed a divorce, despite the bank saying they were happy with the letter I submitted, saying it would resurface further along when we would have to sign contract between us and the vendor when we would have to declare family occupancy.

My husband will only agree to an uncontested divorce if I turn my share of the house over to him leaving me with nothing from the UK property and my name on a mortgage (to me, liability for a large debt) but no legal interest in the property.

She has done and advised some other questionable actions with regard to the divorce and conveyancing, but this is the biggest area of dispute. I feel it did not protect my interests and was not necessary.

We eventually pulled out of the conveyancing and divorce as we were becoming increasingly nervous about her advice and are now facing a bill of 2,700 (she hasn't even deducted a retainer of 600 euro already paid).

A Free Legal Advice solicitor said her advice was totally ludicrous and dangerous and said write to dispute and if she pursues it, I will represent you. She is and we went to see the FLAC solicitor in his paid capacity and he welched and said he wouldn't get involved after all.

Any advice from anyone, please?

ResearchWill

moretothegirl wrote: »

Hi everyone, I recently posted here and had my message closed so I apologise for that firstly. I think I wrote it in a bit of a panic to be honest, so I do apoligise for that and I hope this post is okay.

Basically my mother needs to split from my father due to his alcoholism. She spoke to the local citizens info office recently and they have told her to come in 2 weeks from now. She is now considering the idea of paying and going to a solicitor this week instead to get things going more quickly.

I was just wondering if anyone here has any experience on this situation whether she would be just better off going to a solicitor or would she be just as good with the free service and would it be a waste of money to go to the solicitor. She doesn't have money to throw away (not that anyone really does) but at the same time she needs to be understood clearly and to get whatever she is entitled to so I guess I am just looking for some objective opinions on this matter.

Thanks again

Your mother has two options if her income is low then she can go to the Free Legal Aid Family Law service, (this is not FLAC) if her means are low enough she will have solicitor and if needed barrister appointed, the solicitor may be a solicitor in the office of the legal aid board or a private practitioner, the barrister if appointed will of course be a private practitioner. It is fair to say in any case the solicitor will be very good in the area of family law as the will more than likely practice it day after day. It will take about 6 months to get legal aid sorted and the contribution your mother will pay should be no more than €200 depending.

The second option is to just go in the door of any solicitor agree fees and go for it, but this could be very costly depending on how much the husband wants to fight.

ResearchWill

queeniestar wrote: »

A Legal Executive handling the conveyance of a property in Ireland insisted that I needed a divorce from my UK husband (estranged some 17 years) to be able to buy a house in Ireland.

This is despite the bank (mortgage provider) accepting a Letter of Confirmation from me renouncing any interest in the property (but keeping me on the mortgage but not the title deeds). My partner is working and pays for everything. I have no job, no savings and live off my partner but do have one asset - a house in UK belonging to estranged husband and myself. My share is worth about 90k sterling.

She still insisted I needed a divorce, despite the bank saying they were happy with the letter I submitted, saying it would resurface further along when we would have to sign contract between us and the vendor when we would have to declare family occupancy.

My husband will only agree to an uncontested divorce if I turn my share of the house over to him leaving me with nothing from the UK property and my name on a mortgage (to me, liability for a large debt) but no legal interest in the property.

She has done and advised some other questionable actions with regard to the divorce and conveyancing, but this is the biggest area of dispute. I feel it did not protect my interests and was not necessary.

We eventually pulled out of the conveyancing and divorce as we were becoming increasingly nervous about her advice and are now facing a bill of 2,700 (she hasn't even deducted a retainer of 600 euro already paid).

A Free Legal Advice solicitor said her advice was totally ludicrous and dangerous and said write to dispute and if she pursues it, I will represent you. She is and we went to see the FLAC solicitor in his paid capacity and he welched and said he wouldn't get involved after all.

Any advice from anyone, please?

Are you sure it was a legal executive.

But as an aside it would be best to sort out the UK situation, say ye did buy the house here, say you died, do you really want your current partner in a fight with your husband so your partner can keep his home.

Family law and property law are difficult enough, your situation could be a disaster waiting to happen.

queeniestar

Hi
Yes, very sure it was a LE.

The issue is that the bank are happy to have protected their interests from my estranged husband hence the letter confirming that I have no uinterest in the property.

The Legal Exec still wanted me to pursue divorce as a matter of course so that I'd be divorecd at same time as signing for a mortgage for a property I cannot own (not on title deeds) and to get divorced quickly will have given my estranged husband some 90k worth of asset in the house in UK.

The bank and the FLAC solicitor both said I did not need to be divorced, my partner could get property in his name only (and has done with a different mortgage providfer now and I have again submitted a letter to say I cannot claim against the property - meaning that neither can the husband) and they're perfectly satisfied.

I could divorce the husband at leisure, get my share of the UK property. There was no need for the divorce to buy a property. She effectively advising me to give away 90k to get my name on a mortgage.

Tom Young

We don't allow legal advice here. Just in case you didn't notice.

ResearchWill

queeniestar wrote: »

Hi
Yes, very sure it was a LE.

The issue is that the bank are happy to have protected their interests from my estranged husband hence the letter confirming that I have no uinterest in the property.

The Legal Exec still wanted me to pursue divorce as a matter of course so that I'd be divorecd at same time as signing for a mortgage for a property I cannot own (not on title deeds) and to get divorced quickly will have given my estranged husband some 90k worth of asset in the house in UK.

The bank and the FLAC solicitor both said I did not need to be divorced, my partner could get property in his name only (and has done with a different mortgage providfer now and I have again submitted a letter to say I cannot claim against the property - meaning that neither can the husband) and they're perfectly satisfied.

I could divorce the husband at leisure, get my share of the UK property. There was no need for the divorce to buy a property. She effectively advising me to give away 90k to get my name on a mortgage.

I do not believe a legal executive should or indeed can deal with a house sale and or give legal advice.

Just as an aside are you paying anything towards the new property, or paying the loan. Because if you are that letter may not be worth the paper it's written on. Also have you and your partner got any proper advice on this http://www.irishstatutebook.ie/2010/en/act/pub/0024/index.html most importantly part 15, most importantly section 202. This legislation is very new and many solicitors are rightly very carefull of it.

Get advice from a good solicitor and not a legal executive, in saying that she may very well be right.

?Cee?view

Why would you take a Bank's legal advice? They are not qualified to give it.

See a solicitor, not a legal executive (formerly law clerk). Having said that, it seems that the legal executive's advice may be correct, however, it does appear that it may not have been expressed to you very clearly.

Have you in any way formalised your seperation from your ex? What do you think is going to happen if you predecease him?

ResearchWill

churchview wrote: »

Why would you take a Bank's legal advice? They are not qualified to give it.

See a solicitor, not a legal executive (formerly law clerk). Having said that, it seems that the legal executive's advice may be correct, however, it does appear that it may not have been expressed to you very clearly.

Have you in any way formalised your seperation from your ex? What do you think is going to happen if you predecease him?

Yup we all took the banks legal advice when they said we don't need our own solicitors in a house sale. Also the guys who took banks legal advice re guarantees, and the bank legal advice and fees, charges and currency conversion, yup the banks are always right on the law stuff. Not that they get the banking stuff right either.