Messy Separation - change solicitor?

LegacyUser

Hi all

Probably best for legal discussion but wanted to post anonymously. Note not looking for legal advice, just a view on how easy/difficult something is (factual information only)

Currently going through a very messy separation (very non standard case - won't give details). Very frustrated with my solicitor at this stage, lack of engagement, lack of pro activity, doesn't respond to emails/requests etc and we have had a few rows over it (miraculously responds when I bring up changing solicitor)

Have been recommended a new solicitor - just wondering how easy/difficult it is to change? Will all my case files etc be transferred or will I need a few appointments to discuss / elaborate? Or is it just a no go? It is a very difficult separation - a lot of details to be divulged to a new solicitor etc

Any advice very welcome

Thanks in advance

Hannibal_Smith

You can absolutely change solicitor. You would have to pay your current solicitor for any work they have already done. No new solicitor will take on a file until this is done or an agreement has been reached in relation to it. That was always the way anyhow, whether it's changed in recent times I'm not sure.

Your file then gets transferred to the new solicitor for them to read and I would imagine they will ask to see you so that they can take their own instructions.

I might just add, replying to emails straight away won't always be possible for any solicitor. So just manage your expectations on that one.

LegacyUser

Hannibal_Smith wrote: »

I might just add, replying to emails straight away won't always be possible for any solicitor. So just manage your expectations on that one.

Thanks for replying

I understand the above but sometimes months go without contact, ignoring multiple emails/call during the period. Don't want to give too many details as my case would be identifiable as its quite unique

I've expressed frustration and dissatisfaction on a number of occasions but have seen no change in behaviour or levels of engagement/proactivity and I'm simply at the end of my tether

Kylta

Your solicitor will only really get in contact with you when your case is getting closer, or if he wants to review certain stuff with you. Many moons ago I was in the family courts in regards to a custody/maintenance etc. I employed a solicitor but to be honest all she did was to address the case. I actually stopped her speaking and asked the judge could I speak, which led to a favourable solution in my case. But all cases aren't the same. Its a pity you couldn't sit down with your ex partner and try work out something before it gets to court. Then outcome could be less stressful on both of you

Big Bag of Chips

My friend went through a separation and had pretty much the same experience with her solicitor. It took months many many months to send out the separation agreement. Everytime she rang he was "just looking at it now", or it was "on his desk" or he was "just about to take it out of the filing cabinet". When he eventually sent it out, it was (obviously) a template agreement. Which had the wrong details on it!! Months, about 9 months I think, to send out a template with the wrong details!

You might find that moving to another solicitor will just be more of the same. Can you make an appointment to go in and see them?