Ex wife's Solicitor refuses to engage with me as a lay litigant

D13exile

I was divorced in 2016, all matters settled, house sold, childcare apportioned 50:50 etc. However as I've since learned, there is no "full and final settlement" when it comes to family law cases in Ireland as my ex hasn't given up on trying to get maintenance out of me despite the fact that this was not part of the Divorce agreement. She's changed Solicitors since as her last ones got fed up with her behavior (as I was told by my Solicitor at the time). Her current Solicitor refuses to correspond directly with me despite the fact that I discharged my Solicitor in March 2017 and I have informed him of this on at least 10 occasions. He continues to send correspondence to my old Solicitor who to their credit, send on to me. I then contact my ex's Solicitor and inform him yet again that I am representing myself but he ignores any and all communications from me.

To date, he has
- lied to me about where my ex was taking our children on holiday last year, completely different continent to be exact

- he held onto the Property Tax payment on the old marital home for over a year before it was forwarded to Revenue. Up to that point, Revenue were going to take it out of my salary, despite my telling them that my ex's Solicitor had deducted the LPT from the proceeds of the former marital home

- he deducted sums from the sale proceeds for his Client's 'expenses' such as getting a skip in for unwanted rubbish prior to closure of the house sale while he refused to allow me similar expenses when I had to hire a van to remove old unwanted furniture from the house to a recycling centre

- his fees for the sale of the family home were excessive €5,000

So to sum up, this guy is now informing my former Solicitor who I discharged two years ago that he is bringing me to Court for maintenance for his Client while refusing to engage with me.

Can he do this, or can he be compelled to deal directly with me?

Doop

Should your solicitor not just return any correspondence received by them directly to the sender? maybe ask them to do so?

ohnonotgmail

Just as aside this solicitor was your ex-wifes solicitor in divorce proceeding and also acted on the conveyancing of the family home?

crusier

Make a complaint to the law society, it will be futile because they are useless but will annoy him and flag the matter before any future courts

Mod

I have dealt with the Law Society in many matters over many years. I respectfully disagree with your description

Muckka

5,000 to sell a house.

Enough said, he's not from Limerick by any chance....

D13exile

Doop wrote: »

Should your solicitor not just return any correspondence received by them directly to the sender? maybe ask them to do so?

My former Solicitor did a great job but I can't afford to pay legal fees any longer which is why I'm going it alone. They're trying to do me a favour by sending on the other guy's correspondence

ohnonotgmail wrote: »

Just as aside this solicitor was your ex-wifes solicitor in divorce proceeding and also acted on the conveyancing of the family home?

It was part of the Divorce agreement that my ex's Solicitor would handle the conveyance of the former family home.

crusier wrote: »

Make a complaint to the law society, it will be futile because they are useless but will annoy him and flag the matter before any future courts

The Law Society won't take a complaint against someone else's Solicitor as far as I know.

Muckka wrote: »

5,000 to sell a house.

Enough said, he's not from Limerick by any chance....

Yeah, he charged through the nose but then again, maybe he handed some of that back to my ex??

august12

Doop wrote: »

Should your solicitor not just return any correspondence received by them directly to the sender? maybe ask them to do so?

Good suggestion here.

Muckka

I'm not going to go on a rant here or disrup the thread, but the laws designed to align with women.
Men always come out the worst, I was scalded myself by lies and absolute bull****.

My maintenance is coming to an end soon when he's 18 that's it.
I'll look after him personally and give him money when he needs it.

Too many good men are getting railroaded by the courts.

I know a few poor bastard's having only 40 Euro a week after paying her mortgage, and his own rent on top of that.

You'll hear the old saying dip your wick and pay for the oil, well the oils not worthy of dipping my wick.

I wish you luck OP I hear you

Mod
Please, no rants.

nuac

Mod
D13exile
Far be it from me or anyone involved in Boards to tell the Law Society what to do, but imho they should investigate your complaints, especially as there are interests of children involved.
A serious breach of an agreement re childrens' holidays may also be a matter for TUSLA

cobhguy28

It is very bad practice if the solicitor is doing what you say. If their are refusing to deal with you, they would have a hard time getting costs for the case.

Mr. Incognito

My advice is to hire a solicitor

comment

Your former solicitor needs to come “off record” formally on your divorce proceedings and then the solicitor will correspond with you directly or file and serve a notice that you are now representing yourself.

D13exile

nuac wrote: »

Mod
D13exile
Far be it from me or anyone involved in Boards to tell the Law Society what to do, but imho they should investigate your complaints, especially as there are interests of children involved.
A serious breach of an agreement re childrens' holidays may also be a matter for TUSLA

I reported my ex wife to Tusla years ago for beating my children. My children were then interviewed by Tusla and they corroborated my own account. Tusla's response? I was "coaching" the children. I wasn't even in the same county when my children were interviewed in their school. Two days after my divorce, my ex made a false accusation to Tusla about me acting in a "paedophilic manner" towards my daughters (note this was after the divorce where everything was split 50:50 and she did not get the 100% of everything she wanted). Tusla then grilled me and I was to all extents and purposes treated as guilty until proven innocent. My children were interviewed again and they confirmed that I did not "walk around naked", or made "sexually suggestive remarks" to them as alleged by my ex wife. Tusla still threatened to put my children into foster care despite this, and them getting copies of the Section 47 court report that also confirmed that it was my ex who was violent towards my children. I know all of this as I sought a copy of Tusla's files on my case. So I have absolutely no faith in that organisation, which in my experience treats men as guilty despite all evidence to the contrary.

Mr. Incognito wrote: »

My advice is to hire a solicitor

I cannot afford a Solicitor, nor am I eligible for free legal aid. I am caught in the middle ground where I earn too much to get anything for free but earn too little to afford anything.

sexmag

D13exile wrote: »

I cannot afford a Solicitor, nor am I eligible for free legal aid. I am caught in the middle ground where I earn too much to get anything for free but earn too little to afford anything.

I don't think that's possible, free legal is paid based on what the person can contribute, if you don't meet the threshold for that then you need to find a way to put some money away to afford a solicitor or cut some expenses out.

There is also free legal advice centres that give advice,you don't pay, you contact them to make an appointment and discuss it with then

Google FLAC and your county

D13exile

sexmag wrote: »

I don't think that's possible, free legal is paid based on what the person can contribute, if you don't meet the threshold for that then you need to find a way to put some money away to afford a solicitor or cut some expenses out.

There is also free legal advice centres that give advice,you don't pay, you contact them to make an appointment and discuss it with then

Google FLAC and your county

Thank you for the advice. As for cutting expenses out, truth is I cannot afford to eat some days, I cycle 40kms each way to work and home again when I can't afford diesel for my car, family and friends have offered me cash to help me with doctor's bills etc. I haven't had a holiday in five years and haven't been abroad since 2005. So I have no "expenses" to cut out in order to be able to afford a Solicitor.

sexmag

D13exile wrote: »

Thank you for the advice. As for cutting expenses out, truth is I cannot afford to eat some days, I cycle 40kms each way to work and home again when I can't afford diesel for my car, family and friends have offered me cash to help me with doctor's bills etc. I haven't had a holiday in five years and haven't been abroad since 2005. So I have no "expenses" to cut out in order to be able to afford a Solicitor.

Well then I'd speak with legal aid again if that's the case because you can't afford necessities, you must certainly wouldn't be able to afford a solicitor

Carawaystick

Doop wrote: »

Should your solicitor not just return any correspondence received by them directly to the sender? maybe ask them to do so?

The OP has no solicitor. The person receiving the mail should return it to the sender though.

The spouse's solicitor should keep the personal data he holds up-to-date otherwise he is breaching the gdpr...

comment

From my reading of this the issue may be that the OP may still have a solicitor according to the Court file. There are procedures and court rules in relation to this. Check this with the court office. The OPs wife’s solicitor may be following procedure by continuing to send letters to OPs (former) Solicitor.

4ensic15

comment wrote: »

Your former solicitor needs to come “off record” formally on your divorce proceedings and then the solicitor will correspond with you directly or file and serve a notice that you are now representing yourself.

Who is going to pay for the application to come off-record?
Why shouldn't the o/p just enter a notice of discharge?

4ensic15

D13exile wrote: »

I reported my ex wife to Tusla years ago for beating my children. .

It seems that when the mother beats children it is corporal punishment which Tusla don't seem to have problem with it, but when a man does it, it is domestic violence which they do have a problem with.

comment

4ensic15 wrote: »

Who is going to pay for the application to come off-record?
Why shouldn't the o/p just enter a notice of discharge?

I agree. I suggested filing a Notice as another option.