Solicitor holding funds

chancer12

As part of our judicial separation my ex was required to put money aside for educational expenses for our children. The court ruled that this would be held by his solicitor and funds released on provision of vouched expenses. This means that I pay for everything and he EVENTUALLY re-imburses me through my solicitor. However, I have often had to wait up to 3 months for monies to be released. He always insisted on having my ex approved the expenditure, even the Court didn't make any provision for this.

One of my children is now going into 5th year and the book list is vast, I don't have the funds to pay and be re-imbursed. To make matters worse, he has now come 'off record' and says that I have to go back to Court to have the funds released. Is he entitled to hold onto this money. She's going back to school in 2 weeks time - without any books. If it is to go to Court it will take weeks. Surely he should release funds to my solicitor? Do I have any grounds for a complaint to the law Society?

James Jones

chancer12 wrote: »

Do I have any grounds for a complaint to the law Society?

According to the Law Society leaflet Complaints About Solicitors you are only entitled to make a complaint against your own solicitor

The Complaints and Client Relations Section of the Society can help if you have a problem with your solicitor

but

There are exceptions. For example, the Society can deal with a complaint if:your own solicitor endorses your complaint

If you have a solicitor, get them to help you but, given that the Court Order is not being adhered to, it would appear that you are not represented. Also, from my own personal experience, a solicitor cannot just come of record and needs the permission of the Court to do so.

chancer12

Thanks, will check the Law Society website tomorrow. Its quite possible that he has 'come off record'. would he have to advise the court that there was the issue of the monies he is holding at that point?

Grolschevik

James Jones wrote: »

According to the Law Society leaflet Complaints About Solicitors you are only entitled to make a complaint against your own solicitor

Just on that, from the last annual report of the Solicitors Disciplinary Tribunal (p4):

Applications to the Tribunal are made by the Law Society of Ireland and, subject to a few instances under the Solicitors Acts where applications are limited to the Law Society, it is also open to members of the public to make a direct application to the Tribunal without resorting to the Law Society. At times, respondents express their incredulity that they are the subject of a complaint where a solicitor/client relationship does not exist. However, such a relationship does not have to exist for a member of the public to form a view that a solicitor, other than their own, has engaged in misconduct.

http://www.distrib.ie/documents/Solicitors_Disciplinary_Tribunal_CMS09.pdf

James Jones

That very interesting, Grolschevik. Thanks for that.

dats_right

Whilst you may be upset at the delays here. Your gripe is with your spouse and not with his solicitor, or more correctly his former solicitor. If this solicitor is no longer on record he has no further role in the case and has no authority to do anything further. Furthermore, in fairness to this solicitor they have told you the position and you appear to want to 'shoot the messenger'. Afterall it is not the solicitors fault that it will take weeks to get the matter before the Court again.

I don't want to criticse you here but given that you had experienced delays getting the money in the past, with respect, perhaps you should have approached this subject sooner than now. Anyway, you have a highly skilled, trained and experiened solicitor acting for you. They will be able to advise you on all aspects here and answer your specific queries. Relying on the well-meaning but very often ill informed posters on this site is pure folly really. Anyway, seen as how you asked:

chancer12 wrote: »

Surely he should release funds to my solicitor?

No, I wouldn't have thought so. He has no further role in this case and should cease doing anything further.

chancer12 wrote: »

Do I have any grounds for a complaint to the law Society?

Talk to your solicitor about this, but I would very much doubt it.

chancer12

My mistake in referring to 'my solicitor', I should have said former solicitor in that I am no longer in a postiion to pay for legal representation hence the need to rely on posts such as this to try and sort out the mess myself.

My gripe is with the fact that my ex's solicitor is holding funds in his account which are intended for my children's education. How do I find out if he has come 'off record'. He told my former solicitor recently that he no longer represented my ex who is nor being represenented by the Legal Aid Board.

blueythebear

chancer12 wrote: »

My mistake in referring to 'my solicitor', I should have said former solicitor in that I am no longer in a postiion to pay for legal representation hence the need to rely on posts such as this to try and sort out the mess myself.

You should not rely on anything you are told here as it's against the Charter to give legal advice.

chancer12 wrote: »

My gripe is with the fact that my ex's solicitor is holding funds in his account which are intended for my children's education. How do I find out if he has come 'off record'. He told my former solicitor recently that he no longer represented my ex who is nor being represenented by the Legal Aid Board.

What I would say is that you have already found out that your husband's solicitor has come off record for him so he is not acting for him anymore. I would assume that he would have told you if your ex had just transferred the file to another solicitor. It seems that your ex is in a similar position to you in that neither of you can afford legal representation.

Unfortunately, he can't do anything in relation to the case as he no longer has any involvement in dealing with your ex. The only thing that you can do is to go into court in a few weeks and produce your vouchers for the books etc you need and the judge will decide.

If your children are forced to go to school without books, I would suggest attending your local social welfare office for some form of emergency payment.

Marcusm

OP, you should speak to Flac (http://www.flac.ie/) who will be able to provide guidance and possibly speak to the solicitor. Frankly, if, in the context of the judicial separation, he as agreed to hold and disburse the funds it is frustrating the course of of an order of the courtfor him simply to come "off record" as you have suggested. He may not have a legal obligation to continue acting on behalf of his former clients however he has professional standards to meet and it sounds as if he may not be acting to the highest ones. Perhaps he finds your ex frustrating or he is not being paid his fees, this should not absolve him of his responsibilities to the innocent parties, I.e. The child. If he dd not wish to have continuing obligations he should have objected before the judge ade the order.