maintenance order looking for a solicitor

copper12

March 2023 maintenance order

Arrived in court today met for five minuets’ with my solicitor I was not a bit impressed by her behaviour. 

After the court in December 2022 my solicitor left the court without telling me 

what the interim order meant she just left and told me she would contact me in February this she never did 

So I had to figure out what this meant and supply the court with the information it requested .

The documents I put together without the help of my solicitor I hoped would comply with the court order.

I had to give to the court and to my wife’s solicitor documents 

That I was ordered by the court to supply last December

I had two folders one for the court one for my wife’s solicitor

My solicitor made a complete mess of these documents 

I gave both folders to my solicitor 

 I also gave her a letter for the court she barley looked at it.

I do not know’ if my solicitor gave all of the documents I had for the court.

To the court

I should have given to the court the latest statements from my bank accounts’ I think I only gave the personal account as I came out of the court with most of the documents that I gave to my solicitor?

Even now I am not sure what she gave to the court.

Went into court.

Between the judge and both solicitors it looked as if wife’s solicitor had both her own documents; and mine so much so that the judge asked my wife to sign my statements of means

 my wife’s solicitor had to give to the court; 

documents witch the judge had requested from my solicitor

It was so messed up that the judge asked us to leave the court and get our things/ documents in order

My solicitor blamed the judge for the mix up in court

Outside my solicitor completely puzzled me never asked me or informed me if I had gained any assets since he last court date and weather I had declared all my assets or told me what I should or should not declare.

 

They then passed documents to each other I could hear them saying this is yours this is mine what a mess 

My wife’s solicitor has documents that are addressed to me 

And payslips that are marked private and confidential.

The only conclusion I can draw is that my wife is opening my mail and concealing payslips and most likely other documents as well

On this statement I never declared that I had bought another van.

I had forgot to declare a second hand van witch I bought on the 02/2023 for €5000 Euro on my statement of means. Witch is parked in my backyard

it was never properly explained to me as to what had to put in to this statement 

I thought we were still dealing with the statement given in December.

 

My solicitor never explained that any assets that I had gained of any sort

 after the last court date I would have to declare. 

I apologised to the judge and my solicitor for this.

The way the judge and my wife’s solicitor reacted you would think that I was trying to hide an asset of fifty thousand Euro.

My wife’s solicitor then stood up Declaring that I had lied to the court 

The judge lost the plot and told me that the court took a very dim view of people trying it deceive the court.

 I apologized to the judge.

 I did not intentionally deceive the court and if I had been properly advised this would not have happened 

I have to attend court again in June 2023 

Outside the door my solicitor resigned my case saying I had compromised her position.

 It was I believe’ her incompetence that led to this.

My solicitor gave me an invoice for €1107.00 BEFOUR we entered the court

Jim2007

So when your solicitor failed to contact you, rather that following up with her, you just went of and did your own thing, including handing over documents to the other party and the court? Is that right?

copper12

no

Absolutely not

When my solicitor failed to advice or contact me in any way 

I gathered what information I thought the court needed 

And gave these documents to my solicitor on the day of the court hearing 

copper12

https://www.boards.ie/discussion/comment/120480017#Comment_120480017

Several emails and phone calls 

What else could I do short of planting myself outside her office 

It took two weeks and another several emails before I got bank details 

So I could pay the invoice 

I was told that my file would not be released until this was paid 

As of today I have not received this file 

Even though I paid by bank transfer immediately on receiving her details 

https://www.boards.ie/discussion/comment/120480017#Comment_120480017

Going forward I may well have to do my own thing 

That is represent myself 

As its unlikely I will receive this file in sufficient time to prepare for my next court date

carfinder

You are contemplating representing yourself next time - is that in the hope that your "innocent thicko" routine will be more believable?

Hard to asvertain if you are PAYE (you mention payslips) or self employed given that you bought a van that you forgot to disclose.

Sounds like you are ticking all the boxes to make it as difficult as possible to come to an equitable outcome - the judge is going to love you representing yourself

Jim2007

https://www.boards.ie/discussion/comment/120483132#Comment_120483132

Well you have already demonstrated your inability to represent yourself.... and the judge will get tired of it as well... but it's your choice.

From what I can gather from this:

You and your wife were in Court for a maintenance order in December 2022. An interim order was made and you were to return to court for review of that order in March 2023.

During that time, you were required to prepare certain documents to be disclosed to the Court at the review. Typically these would be up-to-date bank statements (for all bank accounts), proof of all income and outgoings, and proof of assets - basically a full Affidavit of Means. Your wife would have been required to do the same.

It was the solicitor's job to prepare the file for the court and do the necessary disclosures and you should have waited for them to do so. Any documents you had should have been given to your own solicitor only. February, even March would have been more than plenty of time to do it. But it looks like you didn't wait, and bypassed them? Why the urgency?

You refer to thinking they were still going off the statement from December 2022. You also vaguely refer to having more than one bank account but not providing statements for all of them.

I can see why the Judge may have concluded there was an attempt at concealment. One month before you are due for a review hearing, you spend €5000 (from family income?) on an asset, and "forget" to disclose it. You also don't provide statements for all accounts. You've got to admit, that looks bad.

Once you fail to disclose one thing, (the van purchase) the problem is not that asset or its monetary value - the problem is "what else has he not disclosed?"

You did put the solicitor in a compromising position by not disclosing the van purchase even if it was a genuine mistake and not a deliberate attempt at concealment.

You need to get your act together or the next time you are in Court, you are going to get crucified. I strongly suggest you seek a new solicitor and let them act for you. The Judge has already given you a warning, and will not give you any leeway whatsoever if they think you're not being completely upfront and honest.

Next time do not make the error of forgetting to disclose anything.

copper12

august met with solicitor first meeting consultation 

gave her the court summons I was issued with 

advised of what was most likely to happen 

Paid cash so no invoice

there was no contact from her until the morning of the court in December

in the court foyer amongst the crowd of people there  

acting on the advice that I had to download from the legal aid board self help guide to maintenance application

where I supplied her with what documents I had gathered 

as I had tried to contact her on several occasions by phone and email to no avail

any documents given to the court or my wife solicitor were given by my solicitor

all bank statements’ and a statement of means payslips

 Employment Details Summary P60 invoices bills 

it was the same situation in march of this year same scenario met in the foyer again amongst dozens of people 

and again gave bank statements’ one of witch clearly showed the purchase of the van 

The judge addressed both solicitors when she asked them to step out side and get the documents in order 

She did not address me 

CARFINDER You are contemplating representing yourself next time -is that in the hope that your "innocent thicko" routine will be more believable?

Could I do any worse

It was the solicitor's job to prepare the file for the court and do the necessary disclosures and you should have waited for them to do so. Any documents you had should have been given to your own solicitor only.

As I have said not having had any contact or advise from my solicitor 

I prepared all off what I believed were all necessary documents needed and gave them to my solicitor

 

At no stage did I act independently of may solicitor 

All documents given to the court were given but my solicitor.

Yes you are all right in saying that I was naive in believing that my solicitor would act in my best interest 

I no longer believe this.

 

Why did she give me an invoice before interring the court in march 

Why was there no advice or consultation before the court dates 

Why not return phone call or answer emails

Why did it take two weeks for her bank details so I could pay the invoice 

Why am I still waiting almost three weeks for my file so I can employ another solicitor 

Ring any of the three numbers on the Talk2Us website and you will get some bullshít-free advice on what you should be doing:

https://www.talk2us.ie/

The Talk2Us meetings begin at 7pm each Monday night (except public holidays) and can easily be still going at 11pm. It gets no funding from the Irish State but the members have decades of experiences of dealing with the family law system of Ireland. They will help you get your documents together to represent yourself and accompany you to court. There are so, so, so many people going through family law cases who have been completely screwed by the egregious incompetence, abject unprofessionalism and relentless greed of their solicitors/barristers. It is the norm, very much so.

Get to one of the meetings and you'll meet a whole world of people who are going through a similar experience to you. Best of luck!

spaceHopper

https://www.boards.ie/discussion/2057060007/chance-of-a-lifetime-kings-ametyst

So the reason you sold the boat it divorce?

Cooper, you will be eaten alive if represent yourself, you're good with wood not words. Get a better solicitor ask around locally, or use the link you were given. Always remember if you are explaining you are losing. There is no point blaming the solicitor to the judge, the legal profession will alway take each others side.

If you think she is opening your post, why is it still going to your house, get it sent to a family member or po box or if you have moved there.

copper12

https://www.boards.ie/discussion/comment/120523958#Comment_120523958

The reason I sold the boat dose not concern you or anyone else 

And you should not have posted it here 

Your reason for posting it here in beyond me 

And says a lot about you 

polymyalgia rheumatica

Is the reason I sold the boat

spaceHopper

https://www.boards.ie/discussion/comment/120526371#Comment_120526371

Sorry I was trying to be friendly, it was a lovely boat and you did a great job restoring it - I was sorry to see you selling it. My advice still stands, you will be much better of if you get a better solicitor, if do this by yourself you will be eaten alive. Even your response to me was to attack, if you do that in court you'll end up with the judge on her side. Make what you want of that - I'm out.

copper12

SpaceHopper 

On reflection I may have been hasty with my comments 

Its been just over a month since I paid the invoice; which my solicitor gave me before my last court hearing .

I have had no confirmation as to weather they received this payment. 

No receipt no acknowledgments no confirmation what so ever. 

So I have let her know that if I do not receive a reply within seven days, I will make a complaint to the law society 

 

I believe I will not receive my file or receipt until the last moment; before my next court date.

 This is a deliberate ploy by her

 I will have difficulty getting another solicitor without these documents.

 Giving me an invoice before interring court’ then resigning after the court sitting,

 just doesn’t seem right 

GarfieldandPookyBear

https://www.boards.ie/discussion/comment/120549034#Comment_120549034

You don’t need to get the file yourself! You can instruct a new solicitor and they will get the files as long as there is no money owing. If files are not sent on by your previous solicitor then you tell the judge and it will be adjourned. Your new solicitor can’t be expected to act on your behalf without all relevant information.

copper12

As of today I have not been able to get another solicitor 

As I cannot confirm that payment has been made 

There has been no correspondence from the solicitor

copper12

Seemingly its not enough to get all your bank detailed’ receipts’and assets drawn up by an accountant 

Laid out in detail reams of paperwork hours days of searching true documents 

But you then have to get an affidavit as well drawn up by a solicitor 

And as I have not received any documents from my previous solicitor

Receipt or file 

Then I have found it imposable to get another solicitor to draw up an affidavit 

So after I represented myself in court 

My question is 

I have two interim orders that have been issued to me 

And a final one that I suppose is the final order 

So is the last final order the one I need to comply with 

Or do I have to take the others in to consideration as well 

As they are all different amounts of maintenance.

 And an order to pay a yearly bill 

copper12

Having secured the services of an other solicitor 

It would now seem that the final order is the one I have to comply with 

And the others are not relevant.

I still have not received any correspondence from the solicitor who gave me an invoice before interring court and then said she was resigning after the court hearing seem incredible to me but it seems they; solicitors’ can do what ever they please as they are above the law and have no respect for it or there clients as family law seems to be a money grabbing exercise. 

On reflection she was more interested in what assets I had than anything else.

Having sent a formal letter of complaint to this solicitor 

Something she supposable has to respond to and has to date ignored 

And witch on past experience she will not respond to.

 

I will have to put it down to experience and learn from my ignorance 

And except the things I cannot change 

Change the tings I can 

And have the wisdom to know the difference 

It could have been worse 

For those who advised me not to defend myself I have to say you were right 

I did not realise this until just before my case was herd 

As all the solicitors on that day who had cases to be heard went before the judge including myself 

As to what cases were going ahead and what cases need to be postponed or had been finalised 

I realised I was nothing but a piece of meat an item to be dealt with you are not even a person but an item.

Having watched both the judge and the solicitors closely I new I was way out of my league and they dealt with peoples lives as if it was a shopping list

Having collected there enormous sums of money at your expense you are left with the trauma and fallout of the system 

So I’m glad to be finished with it for now until the next time 

Whereby I will be better prepared